1951 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18489&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18489 03/11/2026 In all cases where the area of a tract of land titled or patented exceeds the quantity called for in the title or patent, then any person owning such survey, or a portion thereof, may, file an application to purchase such excess by complying with the following requirements:(1) Application properly completed and notarized.(2) Questionnaire properly executed and notarized.(3) Corrected field notes by either a licensed state land surveyor or the county surveyor of the county in which the land is located unless corrected field notes are already on file in the General Land Office. If the application covers the purchase of excess in less than the entire original patented survey, then field notes must also be furnished on that portion of the survey covered by the application, along with field notes of the original survey.(4) Appraisal fee.(5) Deed of acquittance fee. Source Note: The provisions of this §1.11 adopted to be effective January 1, 1976. 1 GENERAL LAND OFFICE 1 EXECUTIVE ADMINISTRATION B PURCHASE OF EXCESS ACREAGE §1.11 Application Requirements https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3457&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3457 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3457&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3457 03/11/2026 Upon payment of the appraisal fee, the land will be appraised by and Land Office appraiser. The appraisal will be based upon current market value. Source Note: The provisions of this §1.12 adopted to be effective January 1, 1976. 1 GENERAL LAND OFFICE 1 EXECUTIVE ADMINISTRATION B PURCHASE OF EXCESS ACREAGE §1.12 Appraisal https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3458&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3458 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3458&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3458 03/11/2026 After the land is appraised the School Land Board will set a price of 1/2 of appraised market value at which the excess may be purchased. Source Note: The provisions of this §1.13 adopted to be effective January 1, 1976. 1 GENERAL LAND OFFICE 1 EXECUTIVE ADMINISTRATION B PURCHASE OF EXCESS ACREAGE §1.13 Price https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18484&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18484 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18484&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18484 03/11/2026 Upon payment of the purchase price of the land and deed of acquittance fee, the General Land Office will execute a deed of acquittance to the original patentee or his assignee, with such reservation of minerals or with no mineral reservation, accordingly as may have been the case when the survey was titled or patented. Such transfer shall inure distributively to the benefit of the true and lawful owners of the survey in proportion to their holdings. Source Note: The provisions of this §1.14 adopted to be effective January 1, 1976. 1 GENERAL LAND OFFICE 1 EXECUTIVE ADMINISTRATION B PURCHASE OF EXCESS ACREAGE §1.14 Issuance of Deed of Acquittance https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18485&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18485 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18485&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18485 03/11/2026 Request for issuance of patent shall be made to the General Land Office by the owner of the land or his authorized agent or representative. Source Note: The provisions of this §1.21 adopted to be effective January 1, 1976. 1 GENERAL LAND OFFICE 1 EXECUTIVE ADMINISTRATION C PROCEDURE FOR PATENTING LAND §1.21 Request for Issuance of Patent https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18486&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18486 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18486&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18486 03/11/2026 Field notes of the area by a licensed state land surveyor or by the county surveyor of the county in which the land is situated, together with a statutory filing fee, shall be filed with the General Land Office. Source Note: The provisions of this §1.22 adopted to be effective January 1, 1976. 1 GENERAL LAND OFFICE 1 EXECUTIVE ADMINISTRATION C PROCEDURE FOR PATENTING LAND §1.22 Field Notes https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150661&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 150661 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150661&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 150661 03/11/2026 Payment in full, based upon exact acreage, shall be made, including all principal, accrued interest, late charges, and other fees and expenses. Upon request, a statement will be furnished showing the balance of principal and interest due, as well as the patent fee and patent recording fee. Source Note: The provisions of this §1.23 adopted to be effective January 1, 1976; amended to be effective February 16, 2011, 36 TexReg 843. 1 GENERAL LAND OFFICE 1 EXECUTIVE ADMINISTRATION C PROCEDURE FOR PATENTING LAND §1.23 Payment for Land https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18487&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18487 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18487&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18487 03/11/2026 A certified copy of each conveyance from the original applicant down to and into the current owner, with a statutory filing fee for each deed filed, or a title opinion reflecting the chain of title and name and address of current owner and a certified copy of the deed into the current owner, with the required filing fee, shall be filed. Source Note: The provisions of this §1.24 adopted to be effective January 1, 1976. 1 GENERAL LAND OFFICE 1 EXECUTIVE ADMINISTRATION C PROCEDURE FOR PATENTING LAND §1.24 Chain of Title https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18490&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18490 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18490&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18490 03/11/2026 A patent will be issued in the name of the last personal transferee indicated by the certified copies of deeds on file in the General Land Office. The rights granted in the patent, if issued in a name other than the current owner, will inure to the benefit of the legal owner of the land covered by the patent. Source Note: The provisions of this §1.25 adopted to be effective January 1, 1976. 1 GENERAL LAND OFFICE 1 EXECUTIVE ADMINISTRATION C PROCEDURE FOR PATENTING LAND §1.25 Issuance of Patent https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=28464&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 28464 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=28464&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 28464 03/11/2026 The executed patent shall be mailed to the county clerk of the county in which the land is situated, together with the recording fee, with instructions to forward the patent, after it has been recorded, to the person remitting the payment for the land or the person designated by the remitter. Source Note: The provisions of this §1.26 adopted to be effective January 1, 1976. 1 GENERAL LAND OFFICE 1 EXECUTIVE ADMINISTRATION C PROCEDURE FOR PATENTING LAND §1.26 Recordation of Patent https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18491&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18491 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18491&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18491 03/11/2026 In cases where a patent has been issued and is afterward found to be in conflict with any older title, a corrected patent shall be issued upon receipt by the General Land Office of an affidavit of ownership from the landowner requesting that the old patent be cancelled and a new one issued. The original patent shall be returned to the land office for cancellation unless it has been lost or destroyed, in which case the affidavit should state the reason why the original patent cannot be returned for cancellation. Source Note: The provisions of this §1.27 adopted to be effective January 1, 1976. 1 GENERAL LAND OFFICE 1 EXECUTIVE ADMINISTRATION C PROCEDURE FOR PATENTING LAND §1.27 Application for Corrected Patent https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18492&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18492 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18492&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18492 03/11/2026 A new survey containing the correct description of the area, prepared by a licensed state land surveyor or by the county surveyor of the county in which the land is located, shall be furnished and must be sufficient to satisfy the General Land Office that the conflict actually does exist on the ground and that there is a senior survey which is superior. Source Note: The provisions of this §1.28 adopted to be effective January 1, 1976. 1 GENERAL LAND OFFICE 1 EXECUTIVE ADMINISTRATION C PROCEDURE FOR PATENTING LAND §1.28 Resurvey https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=124647&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 124647 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=124647&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 124647 03/11/2026 A patent fee and patent recording fee shall be paid in the amount set forth in §3.31 of this title. Source Note: The provisions of this §1.29 adopted to be effective January 1, 1976; amended to be effective May 25, 2006, 31 TexReg 4221. 1 GENERAL LAND OFFICE 1 EXECUTIVE ADMINISTRATION C PROCEDURE FOR PATENTING LAND §1.29 Patent Fee https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=124646&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 124646 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=124646&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 124646 03/11/2026 In cases where a scrivener's error is found in a patent, a corrected patent shall be issued upon receipt by the General Land Office of an affidavit of ownership by the landowner, requesting issuance of a corrected patent. The original patent shall be returned for cancellation or the affidavit must state the reason why it cannot be returned. No patent fee is required; however, a patent recording fee shall be paid in the amount set forth in §3.31 of this title. Source Note: The provisions of this §1.30 adopted to be effective January 1, 1976; amended to be effective May 25, 2006, 31 TexReg 4221. 1 GENERAL LAND OFFICE 1 EXECUTIVE ADMINISTRATION C PROCEDURE FOR PATENTING LAND §1.30 Scrivener's Error https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18493&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18493 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18493&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18493 03/11/2026 Any headright survey, homestead, donation, pre-emption, scrip, or other survey heretofore awarded or sold, which survey has been held and claimed in good faith by any party for a period of ten years prior to the date of application for patent and which survey cannot be patented under other existing laws, shall be patented when an affidavit of ownership is filed with the General Land Office, along with a chain of title consisting of certified copies of deeds from the original applicant down to and including the present owner, accompanied by a filing fee of $3.00 for each deed. Payment of the purchase price of the land as fixed by the School Land Board shall be made as provided by Texas Civil Statutes, Article 5421c-3, §4. Corrected field notes may be required to be filed at the discretion of the commissioner of the General Land Office. Source Note: The provisions of this §1.41 adopted to be effective January 1, 1976. 1 GENERAL LAND OFFICE 1 EXECUTIVE ADMINISTRATION D PATENTS TO LAND UNDER LAW §1.41 Lands Not Otherwise Patentable https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18494&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18494 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18494&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18494 03/11/2026 When it is revealed as a result of a resurvey that an area previously occupied as a part of one survey is actually in an adjoining survey, and if the occupied land is state land which has not been sold, the occupant may purchase the land within six months after discovery of the mistake. An affidavit of ownership and chain of title shall be filed, along with a filing fee of $3.00 for each deed filed. A surveyor's sketch and report of survey must be filed. The price at which the land may be purchased will be set by the School Land Board as provided in Texas Civil Statutes, Article 5421c-3, §4. Source Note: The provisions of this §1.42 adopted to be effective January 1, 1976. 1 GENERAL LAND OFFICE 1 EXECUTIVE ADMINISTRATION D PATENTS TO LAND UNDER LAW §1.42 Patents to Lands Occupied by Mistake https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=95097&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 95097 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=95097&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 95097 03/11/2026 (a) These sections are intended to provide orderly and efficient procedures for the General Land Office to determine whether a person applying for patenting to release all or a part of the state's interest in land, excluding mineral rights, substantially meets the criteria for issuance of a patent under §11.084 of the Natural Resources Code.(b) These procedures shall apply to the initiation, review, and determination of whether a person substantially meets the criteria for issuance of a patent under §11.084 of the Natural Resources Code. Source Note: The provisions of this §1.90 adopted to be effective June 30, 2002, 27 TexReg 5522. 1 GENERAL LAND OFFICE 1 EXECUTIVE ADMINISTRATION G PROCEDURE FOR SUBMITTING AND PROCESSING APPLICATIONS FOR APPROVAL OF PATENT LAND RELEASED BY THE STATE §1.90 Purpose and Scope https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=95098&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 95098 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=95098&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 95098 03/11/2026 The following words and phrases, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Appropriate County--The county or counties in which the tract of land claimed by the claimant is located.(2) Board--The School Land Board.(3) Claimant--A person who has filed an application with the General Land Office for a patent under §11.084 of the Natural Resources Code.(4) Chain of Title--Unbroken and successive written conveyances of record, or other written forms of alienation recognized under the laws of the state of Texas as sufficient to convey interests in land, affecting the tract or tracts of land claimed by the claimant, arranged consecutively, from on or before January 1, 1952, down to the present holder.(5) Color of Title--An unbroken chain of transfers of the claimed tract or tracts dating back at least as far as January 1, 1952(6) Commissioner--The Commissioner of the General Land Office.(7) Deed--A written instrument of conveyance, regular on its face, that conformed to the requirements of Texas Property Code or the laws of the state of Texas at the time of execution and that would have conveyed title, except for title being in the state of Texas.(8) Documents Necessary To Support the Claim--(A) A deed to claimant or claimant's predecessors in interest recorded in the county or counties in which the claimed tract or tracts is located,(B) all instruments of conveyance or other forms of alienation necessary to prove chain of title,(C) documentation the claimant deems necessary or assistive in explaining the deed or chain of title, and(D) such other documentation as the commissioner shall deem necessary to process the application.(9) Not Patentable Under the law in effect before January 1, 2002--Other than pursuant to the provisions of §11.084 and §11.085 of the Texas Natural Resources Code, claimant has no right to obtain a patent on the tract or tracts in the application.(10) Person--A natural person or persons or an entity or entities that are recognized by, and are in good standing with, the state of Texas at the time of the filing of the application.(11) Unanimously Approves--An approval of all members of the School Land Board, as opposed to approval of all members present and voting.(12) Actual Knowledge--The claimant or claimant's predecessors in interest possessing knowledge of a fact. Actual knowledge embraces facts which a reasonably diligent inquiry and exercise of the means of information at hand would disclose. Source Note: The provisions of this §1.91 adopted to be effective June 30, 2002, 27 TexReg 5522. 1 GENERAL LAND OFFICE 1 EXECUTIVE ADMINISTRATION G PROCEDURE FOR SUBMITTING AND PROCESSING APPLICATIONS FOR APPROVAL OF PATENT LAND RELEASED BY THE STATE §1.91 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=95099&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 95099 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=95099&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 95099 03/11/2026 (a) A person claiming title to land Under §11.084 of the Natural Resources Code may apply for a patent by filing with the commissioner:(1) an application on the form prescribed by the commissioner;(2) a notarized affidavit on the form prescribed by the Commissioner, which among other things, requires that the claimant swear that the claimant and, to the best of claimant's knowledge and belief, claimant's predecessors in interest, acquired the land without actual knowledge that title to the land was vested in the state of Texas; and(3) an attachment to the application which contains documents necessary to support the claim.(b) The attachment to the application shall include:(1) a certified copy of the claimant's deed, or deed of claimant's predecessors in interest, recorded in the appropriate county or counties;(2) a certified copy of the claimant's chain of title that originated on or before January 1, 1952;(3) a copy of any boundary survey or plat of survey, in the applicant's possession, which covers any of the deeded tract;(4) a sworn certificate from the tax assessors-collectors of the taxing jurisdictions in which the claimed tract is located stating that all taxes assessed on the claimed tract or tracts and any interest and penalties associated with any periods of tax delinquency have been paid In the event that public records concerning the tax payments on the claimed tract or tracts are unavailable for any period the tax assessors-collectors of the taxing jurisdictions in which the claimed tract is located shall provide the School Land Board with a sworn certificate stating that, to the best of their knowledge:(A) all taxes have been paid; and(B) there are no outstanding taxes nor interest or penalties currently due against the claimed tract or tracts; and(5) such other documentation as the applicant deems necessary or assistive in explaining the deed or chain of title.(c) A $25 non-refundable application fee and the appropriate filing fee for each document filed with the application shall be paid with the filing of the application.(d) The person filing the application for consideration by the School Land Board shall be solely responsible for the completeness of the application. Source Note: The provisions of this §1.92 adopted to be effective June 30, 2002, 27 TexReg 5522. 1 GENERAL LAND OFFICE 1 EXECUTIVE ADMINISTRATION G PROCEDURE FOR SUBMITTING AND PROCESSING APPLICATIONS FOR APPROVAL OF PATENT LAND RELEASED BY THE STATE §1.92 Application Requirements https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=95100&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 95100 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=95100&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 95100 03/11/2026 Filed applications shall not stay, delay or otherwise act in limitation of the authority of the Board to sell, convey or otherwise dispose of any surveyed, unsold, permanent school fund land under any other statutory authority; provided however, if a completed application is on file with the General Land Office prior to the time of the Board's final authorization of the sale, conveyance or other disposition of land covered by the application, the General Land Office will not seek the Board's authority to sell, convey or otherwise dispose of the land for a period of forty-five (45) days following the General Land Office's determination that the application is complete for consideration by the Board. Source Note: The provisions of this §1.93 adopted to be effective June 30, 2002, 27 TexReg 5522. 1 GENERAL LAND OFFICE 1 EXECUTIVE ADMINISTRATION G PROCEDURE FOR SUBMITTING AND PROCESSING APPLICATIONS FOR APPROVAL OF PATENT LAND RELEASED BY THE STATE §1.93 Limitation on Other Dispositions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=95101&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 95101 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=95101&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 95101 03/11/2026 (a) The General Land Office shall review applications to determine whether the claimant substantially meets the criteria for issuance of a patent under §11.084 of the Natural Resources Code.(b) Except as otherwise provided in §1.93. above, if the General Land Office determines that the application is complete for consideration by the Board, the Commissioner shall convene the Board to determine whether a patent is to be issued under §11.084 of the Natural Resources Code.(c) Applications determined by the General Land Office to not substantially meet the criteria for issuance of a patent may be rejected by the commissioner.(d) Applications which are not complete for consideration by the Board within six (6) months after filing with the commissioner may be rejected by the Commissioner.(e) Rejection of an application by the General Land Office, or the Board's failure to unanimously approve the tract for patenting, terminates all rights under the application. Source Note: The provisions of this §1.94 adopted to be effective June 30, 2002, 27 TexReg 5522. 1 GENERAL LAND OFFICE 1 EXECUTIVE ADMINISTRATION G PROCEDURE FOR SUBMITTING AND PROCESSING APPLICATIONS FOR APPROVAL OF PATENT LAND RELEASED BY THE STATE §1.94 Processing of Applications https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=95102&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 95102 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=95102&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 95102 03/11/2026 (a) If the Board unanimously approves the tract of land for patenting to release all or part of the state's interest in the land, the patent shall be issued by the General Land Office in accordance with the requirements of the statutory authority and rules and regulations of the General Land Office governing the issuance of patents generally.(b) Patents issued pursuant to §11.084 and §11.085 of the Natural Resources Code shall be issued in the name of the holder of record title of the tract or tracts or to the first titleholder common to multiple claimants. In the event of a multiple claim to the same tract, in which there is no common titleholder, no patent shall issue.(c) Patents issued pursuant to §11.084 and §11.085 of the Natural Resources Code shall exclude mineral rights, with the following to be stated on the patent: "PROVIDED HOWEVER, that there is reserved unto the State of Texas for the use and benefit of the Permanent School Fund and excluded from this grant, all oil, gas, coal, lignite, sulfur, and other mineral substances from which sulfur may be derived or produced, salt, potash, uranium, thorium, and all other minerals in and under the land described above wherever located and by whatever method recovered, as well as the right to lease such minerals and the right of ingress and egress to explore for and produce the same." Source Note: The provisions of this §1.95 adopted to be effective June 30, 2002, 27 TexReg 5522. 1 GENERAL LAND OFFICE 1 EXECUTIVE ADMINISTRATION G PROCEDURE FOR SUBMITTING AND PROCESSING APPLICATIONS FOR APPROVAL OF PATENT LAND RELEASED BY THE STATE §1.95 Patent Issuing Requirements https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=95103&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 95103 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=95103&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 95103 03/11/2026 Section 11.084 of the Natural Resource Code does not apply to:(1) beach land, submerged or filled land or islands; or(2) land that has been determined to be state-owned by judicial decree. Source Note: The provisions of this §1.96 adopted to be effective June 30, 2002, 27 TexReg 5522. 1 GENERAL LAND OFFICE 1 EXECUTIVE ADMINISTRATION G PROCEDURE FOR SUBMITTING AND PROCESSING APPLICATIONS FOR APPROVAL OF PATENT LAND RELEASED BY THE STATE §1.96 Nonapplicability https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=95104&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 95104 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=95104&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 95104 03/11/2026 Section 11.084 of the Natural Resource Code may not be used to:(1) resolve boundary disputes;(2) change the mineral reservation in an existing patent;(3) determine the existence of a vacancy; or(4) obtain a deed of acquittance to excess acreage. Source Note: The provisions of this §1.97 adopted to be effective June 30, 2002, 27 TexReg 5522. 1 GENERAL LAND OFFICE 1 EXECUTIVE ADMINISTRATION G PROCEDURE FOR SUBMITTING AND PROCESSING APPLICATIONS FOR APPROVAL OF PATENT LAND RELEASED BY THE STATE §1.97 Non-Use https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99204&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 99204 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99204&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 99204 03/11/2026 (a) This subchapter applies to contested case hearings before the General Land Office, including those referred to the State Office of Administrative Hearings, which are subject to the Administrative Procedures Act, Chapter 2001, Government Code.(b) These rules shall be construed to insure the fair and expeditious determination of every action.(c) These rules supplement the procedures required by the Administrative Procedure Act, Chapter 2001, Government Code.(d) The General Land Office may adopt special rules of practice and procedure to be applicable only to certain types of proceedings which are not accommodated by these rules. When a special rule is in conflict with these rules, the special rule shall control.(e) To the extent that any provisions of this chapter are in conflict with any statute or substantive rule of the General Land Office, the statute or substantive rule shall control.(f) Exceptions to the procedural provisions of this chapter may be granted by the hearings examiner, upon notice and opportunity for hearing, if the hearings examiner determines that such exceptions are in the interest of justice or the efficient administration of this chapter. Source Note: The provisions of this §2.1 adopted to be effective January 9, 2003, 28 TexReg 479. 1 GENERAL LAND OFFICE 2 RULES OF PRACTICE AND PROCEDURE A PROCEDURES FOR CONTESTED CASE HEARINGS §2.1 Applicability https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99205&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 99205 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99205&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 99205 03/11/2026 The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Administrative Law Judge--An individual designated by the State Office of Administrative Hearings or by the Commissioner to act as a hearings examiner in a contested case under the Administrative Procedures Act.(2) Administrative Hearings Clerk--An individual designated by the State Office of Administrative Hearings or by the Commissioner to administer case filings in contested case hearings.(3) Agency--The General Land Office.(4) APA--The Administrative Procedure Act (Government Code, Chapter 2001).(5) Authorized representative--An attorney authorized to practice law in the State of Texas or, where permitted by applicable law, a person designated by a party to represent the party.(6) Commissioner--The Commissioner of the General Land Office.(7) Contested case--Shall have the same meaning as such term is defined in the Administrative Procedure Act (Government Code, Chapter 2001).(8) Law--Applicable state and federal law.(9) Party--A person named, or admitted to participate, in a contested case before the General Land Office.(10) Person--Any individual, representative, corporation, or other entity, including any public or nonprofit corporation, or any agency or instrumentality of federal, state, or local government.(11) Proposal for decision--A proposed decision issued by the hearings examiner in accordance with APA, §2001.062.(12) SOAH--State Office of Administrative Hearings. Source Note: The provisions of this §2.2 adopted to be effective January 9, 2003, 28 TexReg 479. 1 GENERAL LAND OFFICE 2 RULES OF PRACTICE AND PROCEDURE A PROCEDURES FOR CONTESTED CASE HEARINGS §2.2 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99208&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 99208 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99208&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 99208 03/11/2026 (a) The administrative law judge acquires jurisdiction over a contested case when the legal services division of the agency, or any person authorized by statute, files a request to docket a case in the form prescribed by the administrative hearings clerk, and in accordance with §2.7 of this subchapter (relating to Filings).(b) A request to docket a case shall be considered filed when the request to docket is received and file-marked by the administrative hearings clerk.(c) A request to docket a case shall be submitted to the administrative hearings clerk, accompanied by legible copies of all pertinent documents (including, but not limited to, the original complaint, petition, or any other document describing agency action giving rise to a contested case, and a proper certificate of service).(d) Once a contested case is docketed by the administrative hearings clerk, any party may move for appropriate relief, including, but not limited to, discovery and evidentiary rulings, continuances, and settings.(e) The agency shall provide notice of hearing to a party, as required under the APA, §2001.051, and other applicable law.(f) Hearings shall be conducted at the site designated by the administrative law judge in accordance with applicable law. Source Note: The provisions of this §2.3 adopted to be effective January 9, 2003, 28 TexReg 479. 1 GENERAL LAND OFFICE 2 RULES OF PRACTICE AND PROCEDURE A PROCEDURES FOR CONTESTED CASE HEARINGS §2.3 Jurisdiction https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99209&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 99209 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99209&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 99209 03/11/2026 (a) The administrative law judge shall have the authority and duty to:(1) establish the jurisdiction of the agency;(2) conduct a full, fair, and impartial hearing;(3) take action to avoid unnecessary delay in the disposition of the proceeding; and(4) maintain order in the conduct of the hearing.(b) The administrative law judge shall have the power to regulate the course of the hearing and conduct of the parties and their authorized representatives, including the power to:(1) set hearing dates;(2) convene the hearing at the time and place specified in the notice of hearing;(3) examine and administer oaths to witnesses;(4) remove persons whose conduct impedes the orderly progress of the hearing;(5) restrict attendance as permitted by the Texas Rules of Civil Procedure;(6) take testimony;(7) designate and align parties;(8) rule on motions and on the admissibility of evidence and amendment of pleadings;(9) rule on discovery issues;(10) establish discovery deadlines, limit discovery methods, compel discovery and issue sanctions for discovery violations;(11) issue orders relating to hearing and prehearing matters, including orders imposing sanctions, if allowed by applicable law;(12) admit or deny party status;(13) limit irrelevant, immaterial, and unduly repetitious testimony and reasonably limit the time for presentations;(14) grant or deny a continuance;(15) request parties to submit legal memoranda, proposed findings of fact and conclusions of law;(16) issue subpoenas to compel the attendance of witnesses, or the production of papers or documents;(17) authorize the taking of depositions;(18) set prehearing conferences and issue prehearing orders;(19) ensure that information and testimony are introduced as conveniently and expeditiously as possible, including without limitation, limiting the time of argument and presentation of evidence and examination of witnesses without unfairly prejudicing the rights of parties to the proceedings;(20) limit testimony to matters under the commissioner's jurisdiction;(21) continue any hearing from time to time and from place to place;(22) reopen the record of a hearing, before a proposal for decision is issued, for additional evidence where necessary to ensure fairness;(23) issue proposals for decision pursuant to the APA, §2001.062.(24) dismiss a case for lack of prosecution; and(25) exercise any other appropriate powers necessary or convenient to ensure fairness, due process, and the interests of justice. Source Note: The provisions of this §2.4 adopted to be effective January 9, 2003, 28 TexReg 479. 1 GENERAL LAND OFFICE 2 RULES OF PRACTICE AND PROCEDURE A PROCEDURES FOR CONTESTED CASE HEARINGS §2.4 Powers and Duties of the Administrative Law Judge https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99210&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 99210 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99210&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 99210 03/11/2026 (a) If for any reason an administrative law judge is unable to continue presiding over a pending hearing, or issue a proposal for decision after the conclusion of the hearing, the Commissioner or SOAH may appoint another administrative law judge as a substitute, in accordance with law, without the necessity of duplicating any duty or function already performed by the previous administrative law judge.(b) The Commissioner or SOAH may, for good cause, assign a substitute or additional administrative law judge to a proceeding without the necessity of duplicating any duty or function already performed by the previous administrative law judge. Source Note: The provisions of this §2.5 adopted to be effective January 9, 2003, 28 TexReg 479. 1 GENERAL LAND OFFICE 2 RULES OF PRACTICE AND PROCEDURE A PROCEDURES FOR CONTESTED CASE HEARINGS §2.5 Substitution of Administrative Law Judge https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99211&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 99211 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99211&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 99211 03/11/2026 (a) A person may represent himself or herself.(b) A person may be represented by an attorney authorized to practice law in the State of Texas or other representative when authorized by law.(c) A party's representative shall enter his or her appearance in the case by filing a notice of appearance with the administrative hearings clerk.(d) A party's representative of record shall be copied on all notices, pleadings, and other correspondence.(e) A party's attorney of record remains the attorney of record in the absence of a formal withdrawal, and an order approving such withdrawal must be issued by the administrative law judge.(f) Not more than one representative for each party or aligned group of parties shall be heard on any question or in the hearing except upon leave of the administrative law judge.(g) Party representatives shall:(1) observe the letter and spirit of the Texas Lawyer's Creed, as adopted by the Texas Supreme Court, and the State Bar of Texas' Texas Disciplinary Rules of Professional Conduct, including those provisions concerning improper ex parte communications with the commissioner and the administrative law judge;(2) advise their clients and witnesses of applicable requirements of conduct and decorum; and(3) direct all objections, arguments, and other comments to the administrative law judge and not to other participants.(h) Conduct and Decorum:(1) Those who attend or participate in hearings should conduct themselves in a manner respectful of the conduct of public business, and conducive to orderly and polite discourse. All those in attendance shall comply with the administrative law judge's directions concerning the offer of public comment, and conduct and decorum.(2) In a hearing before the administrative law judge, the administrative law judge shall first warn a person violating this section to refrain from the specific conduct in violation. Upon further violation of this section by the same person, the administrative law judge may exclude that person from the proceeding for such time and under such conditions as necessary to correct the situation. Violation of this section shall also be sufficient cause for the administrative law judge to recess the hearing.(i) Consolidation and Severance of Issues and Parties:(1) Consolidation. Consistent with notices required by law, the administrative law judge may consolidate related cases or claims if consolidation will not prejudice any party and may save time and expense or otherwise benefit the public interest and welfare.(2) Severance. The administrative law judge may sever issues in a proceeding or hold special hearings on separate issues if doing so will not prejudice any party and may save time and expense or benefit the public interest and welfare. The administrative law judge may sever contested enforcement cases or claims involving any number of parties, upon motion by any party, where the party can show that the party would be unduly prejudiced if severance were not granted.(j) Ex Parte Communication:(1) No ex parte communication. Unless required for the disposition of an ex parte matter authorized by law, during the pendency of a contested case before the administrative law judge and the commissioner, no party, person, or their representatives shall communicate directly or indirectly with the administrative law judge or the commissioner concerning any issue of fact or law relative to the pending case, except on notice and opportunity for all parties to participate.(2) Utilizing special skills of the agency. The administrative law judge may seek the special skills or knowledge of agency staff in evaluating the evidence in a contested case. The administrative law judge shall follow the following procedure:(A) The administrative law judge shall issue an order, copied to all parties, asking the agency to assign a staff person with expertise who has not participated in the proceeding or in the processing of the matter being considered for potential consultation;(B) All communications between the designated staff expert and the administrative law judge shall be either recorded or in writing, and all such communications submitted to or considered by the administrative law judge shall be made available as public records when the proposal for decision is issued; and(C) During the pendency of the case before the administrative law judge and the commissioner, no party, person, or their representatives shall communicate directly or indirectly with the designated staff expert assigned to assist the administrative law judge concerning any issue of fact or law relative to the pending case, except on notice and opportunity for all parties to participate. Source Note: The provisions of this §2.6 adopted to be effective January 9, 2003, 28 TexReg 479. 1 GENERAL LAND OFFICE 2 RULES OF PRACTICE AND PROCEDURE A PROCEDURES FOR CONTESTED CASE HEARINGS §2.6 Appearance of Parties at Hearings; Representation https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99212&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 99212 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99212&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 99212 03/11/2026 (a) Original Materials.(1) All documents shall be filed with the administrative hearings clerk at SOAH or as designated by the Commissioner.(2) Submission of documents to be filed must include an original and two copies.(3) Faxed submissions of documents will be accepted for filing provided sufficient copies are provided. The party filing a faxed document shall retain the original document and become its custodian.(4) If the submitting party wishes a file stamped copy for the party's records, the party must provide one additional copy and a self-addressed stamped envelope.(5) All documents filed with the administrative hearings clerk shall have the agency's assigned docket number and style of the case, if any, and a certificate of service.(b) Discovery Materials.(1) Discovery documents shall be served upon other counsel or the parties, but shall not be filed with the administrative hearings clerk or served on the administrative law judge, except on special order of the administrative law judge. The party responsible for service of the discovery material shall retain a true and accurate copy of the original documents and become their custodian.(2) If relief is sought in a discovery dispute, copies of the portions of the material in dispute only shall be filed with the administrative hearings clerk as attached exhibits with any pertinent motion.(3) If discovery documents are to be used at trial or are necessary to a prehearing motion which might result in a final order on any issue, only the portions to be used along with a cover letter shall be supplied to the administrative hearings clerk.(4) Service on All Parties. Pursuant to §2.6(d) of this subchapter (relating to Appearance of Parties at Hearings; Representation), a copy of all filings shall be served on all parties.(5) Certificate of Service. The person filing the document shall include a certificate of service that certifies compliance with this rule. If a filing does not contain a certificate of service or otherwise show service on all other parties, and the administrative hearings clerk, if applicable, the administrative hearings clerk shall:(A) return the filing; or(B) send notice of noncompliance to all parties, stating the filing will not be considered until all parties have been served.(6) Time of Filing. The deadline for filing documents with the administrative hearings clerk shall be by 3:00 p.m. local time, Monday through Friday, on regular business days, unless otherwise ordered by the administrative law judge. Source Note: The provisions of this §2.7 adopted to be effective January 9, 2003, 28 TexReg 479. 1 GENERAL LAND OFFICE 2 RULES OF PRACTICE AND PROCEDURE A PROCEDURES FOR CONTESTED CASE HEARINGS §2.7 Filings https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99213&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 99213 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99213&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 99213 03/11/2026 (a) Parties to a contested case hearing shall have the discovery rights provided in the APA and applicable agency statutes and rules.(b) Requests for issuances of subpoenas or commission should be directed to the administrative hearings clerk.(c) All discovery requests should be initially directed to the party from which discovery is being sought.(d) All disputes with respect to any discovery matter shall be filed with the administrative hearings clerk and heard by the administrative law judge.(e) All parties will be afforded a reasonable opportunity to file objections or move for a protective order with respect to the issuance of a subpoena or commission.(f) Permissible forms of discovery by parties are:(1) oral depositions of a party or nonparty;(2) written interrogatories to a party;(3) requests of a party for admission of facts or the genuineness or identity of documents or things;(4) requests of a party for production, examination and copying of documents or other tangible materials; and(5) requests of a party for entry upon and examination of real or personal property, or both.(g) The scope of discovery shall be the same as provided by the Texas Rules of Civil Procedure and shall be subject to the constraints provided therein for privileges, objections, protective orders and duty to supplement as well as the constraints provided in APA, §14 and §14a.(h) Responses to discovery requests shall be made within a reasonable time period of not less than 14 days after service as directed by the party seeking discovery. The administrative law judge may shorten or lengthen such time periods as the interest of justice requires.(i) Except as otherwise provided, requests for admission shall be governed by the applicable provisions of the Texas Rules of Civil Procedure. Each matter for which an admission is requested shall be separately stated. The matter shall be deemed to be admitted unless, within the prescribed time for responding, the party to whom the request is directed serves upon the requesting party a written answer or objection addressed to the matter. A request for admission must clearly set forth this provision for deemed admissions, in bold print or by underlining, in a conspicuous location calculated to fairly inform the opposing party of the consequences of a failure to respond within the prescribed time. The administrative law judge may permit withdrawal, or amendment of responses and deemed admissions upon a showing of good cause, if necessary in the interest of justice.(j) The administrative law judge may issue protective orders and orders compelling discovery responses. Requests for discovery orders shall contain a statement under oath or affirmation that, after due diligence, the desired information cannot be obtained through informal means, and that good cause exists for requiring discovery. The administrative law judge may conduct in camera inspections of materials when requested by a party or when necessary to determine facts required to issue appropriate discovery orders. The request for a discovery order may be denied if the request is untimely or unduly burdensome in light of the complexity of the proceeding, if the requesting party has failed to exercise due diligence, if the discovery would result in undue cost to the parties or unnecessary delay in the proceeding, or for good cause in the interest of justice.(k) After notice and opportunity for hearing, an order imposing sanctions, as are just, may be issued by the administrative law judge for failure to comply with a discovery order or subpoena issued pursuant to a commission for deposition or production of books, records, papers or other objects. The order imposing sanctions may:(1) disallow any further discovery of any kind or of a particular kind by the non-complying party;(2) require the party, the party's representative or both to obey the discovery order;(3) require the party, the party's representative or both to pay reasonable expenses, including attorney fees, incurred by reason of the party's noncompliance;(4) direct that the matters regarding which the discovery order was made shall be deemed established in accordance with the claim of the party obtaining the order;(5) refuse to allow the non-complying party to support or oppose designated claims or defenses or prohibit the party from introducing designated matters in evidence;(6) strike pleadings or parts thereof or abate further proceedings until the order is obeyed; or(7) if entered by the commissioner, dismiss the action or proceeding or any part thereof or render a decision by default against the non-complying party. Source Note: The provisions of this §2.8 adopted to be effective January 9, 2003, 28 TexReg 479. 1 GENERAL LAND OFFICE 2 RULES OF PRACTICE AND PROCEDURE A PROCEDURES FOR CONTESTED CASE HEARINGS §2.8 Discovery https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99224&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 99224 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99224&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 99224 03/11/2026 (a) When appropriate, the administrative law judge may hold a prehearing conference to resolve matters preliminary to the hearing. At the discretion of the administrative law judge, a prehearing conference may be held by telephone.(b) A prehearing conference may be convened to address the following matters:(1) notice or jurisdiction;(2) scope or party status;(3) venue;(4) factual and legal issues;(5) motions;(6) issuance of subpoenas;(7) discovery disputes;(8) scheduling;(9) stipulations;(10) settlement conferences;(11) requests for official notice;(12) identification and exchange of documentary evidence;(13) admissibility of evidence;(14) identification and qualification of witnesses;(15) order of presentation; and(16) such other matters as will promote the orderly and prompt conduct of the hearing.(c) At the discretion of the administrative law judge, all or part of the prehearing conference may be recorded or transcribed. Source Note: The provisions of this §2.9 adopted to be effective January 9, 2003, 28 TexReg 479. 1 GENERAL LAND OFFICE 2 RULES OF PRACTICE AND PROCEDURE A PROCEDURES FOR CONTESTED CASE HEARINGS §2.9 Prehearing Conferences https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99225&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 99225 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99225&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 99225 03/11/2026 (a) The administrative law judge may issue an order to regulate the conduct of the proceedings.(b) The order shall be a part of the case record.(c) An order may address any matter, including the following:(1) the actions taken or to be taken at a prehearing conference;(2) any of the subjects listed in §2.9(b) of this subchapter (relating to Prehearing Conferences);(3) a requirement that the parties file prehearing statements of the case describing the parties' present positions on any matter including, but not limited to, the following:(A) the disputed issues or matters to be resolved, and a summary of the facts or arguments supporting the parties' positions in each disputed issue or matter;(B) a list of facts or exhibits to which a party will stipulate; and(C) a description of the discovery, if any, the party intends to engage in and an estimate of the time needed to complete discovery;(4) a requirement that the parties discuss the prospects of settlement or stipulations and, if applicable, that they be prepared to report thereon at a prehearing conference; and(5) any other filing requirement or deadline imposed by statute, rule or order. Source Note: The provisions of this §2.10 adopted to be effective January 9, 2003, 28 TexReg 479. 1 GENERAL LAND OFFICE 2 RULES OF PRACTICE AND PROCEDURE A PROCEDURES FOR CONTESTED CASE HEARINGS §2.10 Orders https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99226&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 99226 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99226&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 99226 03/11/2026 (a) Upon request of any party and approval by the administrative law judge, or at the administrative law judge's discretion, a conference may be held to address settlement possibilities.(b) Settlement discussions shall not be made a part of the case record. Source Note: The provisions of this §2.11 adopted to be effective January 9, 2003, 28 TexReg 479. 1 GENERAL LAND OFFICE 2 RULES OF PRACTICE AND PROCEDURE A PROCEDURES FOR CONTESTED CASE HEARINGS §2.11 Settlement Conferences https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99227&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 99227 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99227&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 99227 03/11/2026 (a) The parties, by stipulation, may agree to any substantive matter.(b) Stipulations related to procedural matters are not binding unless approved by the administrative law judge.(c) A stipulation may be filed with the administration hearings clerk in the record at the hearing. Source Note: The provisions of this §2.12 adopted to be effective January 9, 2003, 28 TexReg 479. 1 GENERAL LAND OFFICE 2 RULES OF PRACTICE AND PROCEDURE A PROCEDURES FOR CONTESTED CASE HEARINGS §2.12 Stipulations https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99228&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 99228 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99228&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 99228 03/11/2026 (a) All pleadings filed under this chapter should contain:(1) the name of the party;(2) the names of all other known parties;(3) a concise statement of the facts and the law relied upon;(4) a prayer stating the type of relief, action, or order desired;(5) any other matter required by statute;(6) a certificate of service; and(7) the signature of the party or the party's authorized representative.(b) All pleadings shall include the docket number assigned the case by the administrative hearings clerk. Source Note: The provisions of this §2.13 adopted to be effective January 9, 2003, 28 TexReg 479. 1 GENERAL LAND OFFICE 2 RULES OF PRACTICE AND PROCEDURE A PROCEDURES FOR CONTESTED CASE HEARINGS §2.13 Form of Pleadings https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99237&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 99237 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99237&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 99237 03/11/2026 (a) Motions for continuance shall:(1) be in writing, and shall set forth the specific grounds upon which the party seeks the continuance;(2) be filed no later than five days before the date of the hearing; except upon a showing of good cause, the administrative law judge may consider a motion filed subsequent to that time or presented orally at the hearing;(3) indicate that the movant has contacted the other party(ies) and whether there is opposition to the motion, or describe in detail the movant's attempts to contact the other party(ies);(4) if seeking a continuance to a date certain, include a proposed date or dates (preferably a range of dates) and must indicate whether the party(ies) contacted agree on the proposed new date(s); and(5) be served on the other party(ies) according to applicable filing and service requirements, except that a motion for continuance filed five days or fewer before the date of the hearing shall be served by hand or facsimile on the same date it is filed with the administrative hearings clerk, or by overnight delivery on the next day, unless the motion demonstrates such service is impracticable.(b) Responses to written motions for continuance shall be in writing, except responses to written motions for continuance filed on the date of the hearing may be presented orally at the hearing. Written responses to motions for continuance shall be filed on the earlier of:(1) three days after receipt of the motion; or(2) the date and time of the hearing.(c) All other motions shall:(1) be in writing;(2) be filed no later than seven days before the date of the hearing; except, upon a showing of good cause, the administrative law judge may consider a motion filed subsequent to that time or presented orally at a hearing;(3) state concisely the relief requested and be accompanied by any necessary supporting documentation; and(4) if seeking an extension of an established deadline shall:(A) include a proposed date; and(B) indicate that the movant has contacted the other party(ies) and whether there is opposition to the proposed date, or describe in detail the movant's attempts to contact the other party(ies).(d) Responses to written motions other than motions for continuance shall be in writing, except responses to written motions filed on the date of the hearing may be presented orally at the hearing. Written responses to motions shall be filed on the earlier of:(1) five days after receipt of the motion; or(2) the date and time of the hearing.(e) The filing or pendency of a motion does not alter or extend any time limit or deadline established by statute, rule or order.(f) The administrative law judge may modify the deadlines imposed in this rule as necessary. Source Note: The provisions of this §2.14 adopted to be effective January 9, 2003, 28 TexReg 479. 1 GENERAL LAND OFFICE 2 RULES OF PRACTICE AND PROCEDURE A PROCEDURES FOR CONTESTED CASE HEARINGS §2.14 Motions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99238&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 99238 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99238&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 99238 03/11/2026 (a) A party may waive the right to appear at the hearing unless prohibited by law.(b) A waiver shall be in writing and filed with the administrative hearings clerk.(c) A waiver may be withdrawn by a party no later than seven days before the scheduled hearing. The administrative law judge may permit withdrawal of a waiver subsequent to that time on a showing of good cause. Source Note: The provisions of this §2.15 adopted to be effective January 9, 2003, 28 TexReg 479. 1 GENERAL LAND OFFICE 2 RULES OF PRACTICE AND PROCEDURE A PROCEDURES FOR CONTESTED CASE HEARINGS §2.15 Waiver of Right to Appear https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99239&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 99239 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99239&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 99239 03/11/2026 (a) Each party may:(1) call witnesses;(2) offer evidence;(3) cross-examine any witness called by a party; and(4) make opening and closing statements.(b) Once the hearing commences, all proceedings including comments and arguments of counsel shall be part of the record. The parties may be off the record only with the permission of the administrative law judge. If the discussion off the record is relevant, then the administrative law judge will summarize the discussion for the record.(c) Objections shall be timely noted in the record.(d) The administrative law judge may continue a hearing from time to time and from place to place. If the time and place for the proceeding to reconvene are not announced at the hearing, a notice shall be mailed stating the time and place of the reconvening of the hearing.(e) The administrative law judge may question witnesses and/or direct the submission of supplemental data.(f) Sanctions. On the administrative law judge's own motion or on motion of a party and after notice and an opportunity for a hearing, the administrative law judge may impose sanctions against a party for:(1) filing a motion or pleading that is without legal merit, frivolous and brought:(2) in bad faith;(3) for the purpose of harassment; or(4) for any improper purpose, such as to cause unnecessary delay or needless increase in the cost of the proceeding. Source Note: The provisions of this §2.16 adopted to be effective January 9, 2003, 28 TexReg 479. 1 GENERAL LAND OFFICE 2 RULES OF PRACTICE AND PROCEDURE A PROCEDURES FOR CONTESTED CASE HEARINGS §2.16 Conduct of Hearings https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99240&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 99240 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99240&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 99240 03/11/2026 (a) The administrative law judge may, with consent of the parties, conduct all or part of the hearing by telephone, video, or other electronic means, if each participant in the hearing has an opportunity to participate in, hear, and, except when a telephone is used, see the entire proceeding.(b) All substantive and procedural rights apply to telephone hearings, subject only to the limitations of the physical arrangement.(c) Documentary Evidence. For a telephone hearing documentary evidence to be offered shall be mailed by the proponent to all parties and the administrative law judge at least five days before the hearing.(d) Default. For a telephone hearing, the following, at the discretion of the administrative law judge, may be considered a failure to appear and grounds for default, if the conditions exist after the scheduled time for hearing:(1) failure to answer the telephone;(2) failure to free the telephone for a hearing; or(3) failure to be ready to proceed with the hearing as scheduled. Source Note: The provisions of this §2.17 adopted to be effective January 9, 2003, 28 TexReg 479. 1 GENERAL LAND OFFICE 2 RULES OF PRACTICE AND PROCEDURE A PROCEDURES FOR CONTESTED CASE HEARINGS §2.17 Telephone Hearings https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99229&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 99229 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99229&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 99229 03/11/2026 (a) General. Evidence shall be admitted in accordance with the APA and the Texas Rules of Civil Evidence.(b) Exclusion of witnesses:(1) Upon request by any party, the administrative law judge may exclude witnesses other than parties from the hearing room, except when testifying.(2) The administrative law judge may order the witness, parties, attorneys and all other persons present in the hearing room not to disclose to any witness excluded under this section the nature, substance, or purpose of testimony, exhibits, or other evidence introduced during the witness' absence.(3) A party that is not a natural person may designate an individual to remain in the hearing room, even though the individual may be a witness.(c) Pre-filed Testimony. Pre-filed written testimony may be received pursuant to, and in accordance with, an order of the administrative law judge.(d) Official Notice. The administrative law judge may take official notice of a fact that is judicially noticeable in accordance with the APA.(e) The administrative law judge may limit testimony or any evidence which is irrelevant, immaterial, or unduly repetitious.(f) When any papers or records in the custody and control of the agency are lost or destroyed, the parties, with the approval of the administrative law judge, may agree in writing on a brief statement of the matter contained therein or any person may at any time supply such lost records or papers as follows:(1) Any person may make a written sworn motion before the administrative law judge stating the loss of destruction of such record or papers, accompanied by certified copies of the original, if obtainable, or by substantially correct copies.(2) If, upon hearing, the administrative law judge is satisfied that they are substantially correct copies of the original, an order will be entered substituting such copies for the missing originals.(3) Such substituted copies will be filed with and constitute a part of the record and have the force and effect of the originals. Source Note: The provisions of this §2.18 adopted to be effective January 9, 2003, 28 TexReg 479. 1 GENERAL LAND OFFICE 2 RULES OF PRACTICE AND PROCEDURE A PROCEDURES FOR CONTESTED CASE HEARINGS §2.18 Evidence https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99230&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 99230 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99230&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 99230 03/11/2026 (a) Contents of record. The record in a contested case includes:(1) all pleadings, motions, briefs, and interim orders;(2) evidence received or considered;(3) a statement of matters officially noticed;(4) questions and offers of proof, objections, and rulings on objections;(5) any decision, opinion, or report by the examiner presiding at the hearing;(6) all staff memoranda or data submitted to or considered by the administrative law judge or the commissioner;(7) proposed findings and exceptions;(8) any findings of fact or conclusions of law; and(9) the final order of the commissioner.(b) Findings of fact. Findings of fact shall be based exclusively on the evidence presented and on matters officially noticed. Source Note: The provisions of this §2.19 adopted to be effective January 9, 2003, 28 TexReg 479. 1 GENERAL LAND OFFICE 2 RULES OF PRACTICE AND PROCEDURE A PROCEDURES FOR CONTESTED CASE HEARINGS §2.19 The Record https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99231&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 99231 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99231&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 99231 03/11/2026 If the commissioner has not personally heard the evidence in the case or read the entire record, a decision adverse to a party other than the agency shall not be issued until after a proposal for decision has been prepared by the administrative law judge, served on all parties, and each party has been afforded the opportunity to file exceptions and present briefs to the commissioner. If any party files exceptions or presents briefs, an opportunity must be afforded to all other parties to file replies to the exceptions or briefs. A proposal for decision must contain a statement of the issues in dispute, the reasons for the proposed decision, and findings of fact and conclusions of law necessary to support the proposed decision. Such proposal for decision shall be prepared by the administrative law judge and served on all parties of record within 30 days after conclusion of the evidence in the case, unless the administrative law judge, after conclusion of the evidence in the case, specifies a longer period of time within which the proposal for decision may be issued. Source Note: The provisions of this §2.20 adopted to be effective January 9, 2003, 28 TexReg 479. 1 GENERAL LAND OFFICE 2 RULES OF PRACTICE AND PROCEDURE A PROCEDURES FOR CONTESTED CASE HEARINGS §2.20 Proposal for Decision https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99232&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 99232 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99232&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 99232 03/11/2026 (a) Any party of record may, within 10 days after service of the administrative law judge's proposal for decision, file with the commissioner exceptions to the proposal for decision. Replies to such exceptions shall be filed within seven days after the date of the filing of exceptions. The administrative law judge may extend the time for filing of exceptions and replies. A request for extension of time within which to file exceptions or replies shall be filed with the administrative law judge and shall be served on all parties of record prior to the expiration of the relevant filing period. The administrative law judge shall rule promptly on requests for extension of time and notify all parties of such ruling.(b) Exceptions and replies to exceptions shall concisely state, with particularity, the evidence, arguments, and legal authority relied upon.(c) Upon the expiration of the time for filing exceptions or replies to exceptions, or after such replies and exceptions have been filed and considered, the administrative law judge's proposal for decision shall be considered by the commissioner, who shall render a decision and issue an order. Source Note: The provisions of this §2.21 adopted to be effective January 9, 2003, 28 TexReg 479. 1 GENERAL LAND OFFICE 2 RULES OF PRACTICE AND PROCEDURE A PROCEDURES FOR CONTESTED CASE HEARINGS §2.21 Filing of Exceptions and Replies https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99233&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 99233 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99233&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 99233 03/11/2026 (a) All final orders shall be in writing and shall be signed and dated by the commissioner. A final decision must include findings of fact and conclusions of law, separately stated. Findings of fact, if set forth in statutory language, must be accompanied by a concise and explicit statement of the underlying facts supporting the findings. If a party submitted proposed findings of fact, the final order shall include a ruling on each proposed finding.(b) A party shall be notified either personally or by first class mail of any decision or order, unless otherwise provided by law. When the commissioner issues a final decision or order ruling on a motion for rehearing, the agency shall send a copy of that final decision or order by first class mail to the attorneys of record and shall keep an appropriate record of that mailing. If a party is not represented by an attorney of record, then the agency shall send a copy of a final decision or order ruling on a motion for rehearing by first class mail to that party, and the agency shall keep an appropriate record of that mailing. A party or attorney of record notified by mail of a final decision or order as required by this section shall be presumed to have been notified on the date such notice is mailed.(c) A final decision or order of the commissioner must be rendered within 60 days from the last date for filing of exceptions and replies to exceptions to the administrative law judge's proposal for decision, unless the administrative law judge, at the conclusion of the hearing, specifies a longer period of time within which the order may be issued. Source Note: The provisions of this §2.22 adopted to be effective January 9, 2003, 28 TexReg 479. 1 GENERAL LAND OFFICE 2 RULES OF PRACTICE AND PROCEDURE A PROCEDURES FOR CONTESTED CASE HEARINGS §2.22 Commissioner's Orders https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99234&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 99234 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99234&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 99234 03/11/2026 Except as provided in §2.27 of this subchapter (relating to Emergency Order), a timely motion for rehearing is a prerequisite to an appeal. A motion for rehearing must be filed by a party not later than the 20th day after the date the party or the attorney of record is notified of the final decision or order as required by §2.22 of this subchapter (relating to Commissioner's Orders). Replies to a motion for rehearing must be filed with the agency not later than the 30th day after the date that the party or the attorney of record is notified of the final decision or order as required by §2.22. If agency action is not taken within the 45-day period after the date the party or the party's attorney of record is notified of the final decision or order as required by §2.22, the motion for rehearing is overruled by operation of law 45 days after the date the party or the attorney of record is notified of the final decision or order required by §2.22. The commissioner may, by written order, extend the period of time for filing motions for rehearing and replies and for agency action on a motion for rehearing except that an extension may not extend the period for agency action beyond the 90th day after the date that the party or party's attorney of record is notified of the commissioner's order as required by §2.22. In the event of an extension, the motion for rehearing is overruled by operation of law on the date fixed by the order or in the absence of a fixed date, 90 days after the date the party or the party's attorney of record is notified of the final decision or order as required by §2.22. Source Note: The provisions of this §2.23 adopted to be effective January 9, 2003, 28 TexReg 479. 1 GENERAL LAND OFFICE 2 RULES OF PRACTICE AND PROCEDURE A PROCEDURES FOR CONTESTED CASE HEARINGS §2.23 Rehearing https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99235&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 99235 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99235&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 99235 03/11/2026 (a) Not later than the 30th day after the date on which the commissioner's order is final, an aggrieved party may file a petition for judicial review.(b) Judicial review of the order or decision of the commissioner shall be under the APA.(c) The party who appeals a final order of the commissioner shall pay the cost of preparation of the original or certified copy of the record of the proceeding that is required to be sent to the reviewing court. Source Note: The provisions of this §2.24 adopted to be effective January 9, 2003, 28 TexReg 479. 1 GENERAL LAND OFFICE 2 RULES OF PRACTICE AND PROCEDURE A PROCEDURES FOR CONTESTED CASE HEARINGS §2.24 Judicial Review https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99236&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 99236 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99236&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 99236 03/11/2026 Administrative action shall become final upon the occurrence of any of the following:(1) issuance by the commissioner of an order and failure to file a motion for rehearing in accordance with §2.23 of this subchapter (relating to Rehearing); or(2) issuance by the commissioner of an order and denial of a motion for rehearing, either expressly or by operation of law; or(3) issuance by the commissioner of an order which includes a statement that no motion for rehearing will be entertained because the threat of imminent peril to the public health, safety, or welfare requires immediate effect be given to such order. Source Note: The provisions of this §2.25 adopted to be effective January 9, 2003, 28 TexReg 479. 1 GENERAL LAND OFFICE 2 RULES OF PRACTICE AND PROCEDURE A PROCEDURES FOR CONTESTED CASE HEARINGS §2.25 Administrative Finality https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99217&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 99217 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99217&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 99217 03/11/2026 The effective date of an order, unless otherwise stated, is the date of its signing by the commissioner. Source Note: The provisions of this §2.26 adopted to be effective January 9, 2003, 28 TexReg 479. 1 GENERAL LAND OFFICE 2 RULES OF PRACTICE AND PROCEDURE A PROCEDURES FOR CONTESTED CASE HEARINGS §2.26 Effective Date of Order https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99216&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 99216 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99216&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 99216 03/11/2026 If the commissioner finds that an imminent peril to public health, safety, or welfare requires immediate effect of an order, such finding shall be stated in the order. The commissioner shall also state that such order is final and effective from and after the date signed. Such an order shall be final and appealable from and after the date signed and no motion for rehearing shall be required as a prerequisite for appeal. Source Note: The provisions of this §2.27 adopted to be effective January 9, 2003, 28 TexReg 479. 1 GENERAL LAND OFFICE 2 RULES OF PRACTICE AND PROCEDURE A PROCEDURES FOR CONTESTED CASE HEARINGS §2.27 Emergency Order https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99218&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 99218 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99218&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 99218 03/11/2026 Where permitted by law, the commissioner may, at any time after notice to all interested parties, cite any person or agency under the commissioner's jurisdiction to appear at a public hearing and require such person or agency to show cause why it should not comply with any applicable statute, rule, regulation, or general order of the agency, with which it is allegedly in noncompliance or why the agency should not take a particular action permitted by law. All such show cause hearings shall be conducted in accordance with the provisions of this chapter. Source Note: The provisions of this §2.28 adopted to be effective January 9, 2003, 28 TexReg 479. 1 GENERAL LAND OFFICE 2 RULES OF PRACTICE AND PROCEDURE A PROCEDURES FOR CONTESTED CASE HEARINGS §2.28 Show Cause for Contested Case Hearings https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99219&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 99219 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99219&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 99219 03/11/2026 This subchapter applies to the following proceedings:(1) hearings before the General Land Office as provided under Texas Natural Resources Code §31.1611 relating to hearings for public comment on development plans under Texas Natural Resource Code §31.161;(2) hearings before boards for lease as provided under Texas Natural Resources Code §34.0135 relating to hearings regarding the lease of land owned by the Texas Parks and Wildlife Department and the Texas Department of Corrections; and(3) hearings before the Special Board of Review as provided under Texas Natural Resources Code §31.166(b) relating to hearings regarding the proposed development plans before the board. Source Note: The provisions of this §2.31 adopted to be effective January 9, 2003, 28 TexReg 479. 1 GENERAL LAND OFFICE 2 RULES OF PRACTICE AND PROCEDURE B PROCEDURES FOR NON-CONTESTED CASE HEARINGS §2.31 Applicability https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99220&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 99220 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99220&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 99220 03/11/2026 The following words and terms, when used in this subchapter shall have the following meanings, unless context clearly indicates otherwise.(1) Board: The School Land Board, any other board for lease of state land or the Special Board of Review.(2) Chairman: The chairman of the School Land Board, the board for lease or the Special Board of Review(3) Official Order: Any final order issued by the General Land Office or any board under its jurisdiction pursuant to any law, rule or regulation. Source Note: The provisions of this §2.32 adopted to be effective January 9, 2003, 28 TexReg 479. 1 GENERAL LAND OFFICE 2 RULES OF PRACTICE AND PROCEDURE B PROCEDURES FOR NON-CONTESTED CASE HEARINGS §2.32 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99221&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 99221 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99221&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 99221 03/11/2026 The following shall apply to any hearing before the School Land Board, board for lease or Special Board of Review:(1) hearings shall comply with the Texas Opens Meeting Act, Texas Government Code, Chapter 551.(2) Hearings shall be recorded in a manner at the discretion of the chairman. The board will determine the fees for the hearing transcript. Source Note: The provisions of this §2.33 adopted to be effective January 9, 2003, 28 TexReg 479. 1 GENERAL LAND OFFICE 2 RULES OF PRACTICE AND PROCEDURE B PROCEDURES FOR NON-CONTESTED CASE HEARINGS §2.33 Hearings https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99222&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 99222 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99222&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 99222 03/11/2026 (a) Persons attending or participating in the hearings shall conduct themselves in a respectful manner that allows for orderly and polite discourse. The chairman may take appropriate actions to ensure an orderly meeting may be conducted.(b) Any person may be represented by an attorney or other person authorized to speak on their behalf. Source Note: The provisions of this §2.34 adopted to be effective January 9, 2003, 28 TexReg 479. 1 GENERAL LAND OFFICE 2 RULES OF PRACTICE AND PROCEDURE B PROCEDURES FOR NON-CONTESTED CASE HEARINGS §2.34 Public Decorum and Participation https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99223&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 99223 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99223&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 99223 03/11/2026 (a) Notice shall be given in accordance with the Texas Open Meetings Act, Texas Government Code, Chapter 551 and the hearing will be conducted although some or all persons who wish to participate, their attorney or person authorized to speak on their behalf may fail to attend.(b) Failure to attend the hearing or meeting will not invalidate the proceedings or any official act or order approved therein. Source Note: The provisions of this §2.35 adopted to be effective January 9, 2003, 28 TexReg 479. 1 GENERAL LAND OFFICE 2 RULES OF PRACTICE AND PROCEDURE B PROCEDURES FOR NON-CONTESTED CASE HEARINGS §2.35 Effect of Notice https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99214&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 99214 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99214&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 99214 03/11/2026 (a) The chairman shall briefly state the nature of the hearing or meeting. The chairman will allow for the submission of documents, studies or other materials relevant to the hearing. The chairman will determine the order of the proceedings. The board may limit the number of participants and may set the time limits for each presentation.(b) All submissions shall be the standard 8 1/2 by 11 inches except for maps, surveys and photographs. The board may limit the number of submissions. Source Note: The provisions of this §2.36 adopted to be effective January 9, 2003, 28 TexReg 479. 1 GENERAL LAND OFFICE 2 RULES OF PRACTICE AND PROCEDURE B PROCEDURES FOR NON-CONTESTED CASE HEARINGS §2.36 Order of Proceedings and Submissions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99215&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 99215 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99215&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 99215 03/11/2026 These rules shall govern the procedures for conducting public hearings before the Special Board of Review, as defined in §2.41 of this subchapter (relating to Definitions.) Source Note: The provisions of this §2.40 adopted to be effective January 9, 2003, 28 TexReg 479. 1 GENERAL LAND OFFICE 2 RULES OF PRACTICE AND PROCEDURE C PROCEDURES FOR SPECIAL BOARD OF REVIEW HEARINGS §2.40 Applicability https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150829&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 150829 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150829&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 150829 03/11/2026 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, chaired by the Commissioner of the General Land Office, consisting of the members of the School Land Board; the chairperson of the governing board of the agency or institution possessing the property; 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; and the county judge of the county within which the property is located. If the property is owned by the permanent school fund, the board shall consist of the members of the School Land Board and the local officials, with the commissioner of the General Land Office serving as chairperson. After issuance of an order establishing a development plan for real property that is not a part of the permanent school fund or in which the permanent school fund does not have a financial interest, the composition of any future special board of review called to consider revision of that order must consist of members as specified in Texas Natural Resources Code §31.167(d).(2) Development plan--A plan, promulgated by a political subdivision (as defined in this section) or by the division (as defined in this section) in accordance with Texas Natural Resources Code, §31.161, 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. A development plan may include or address, without limitation, subdivision, site planning, zoning, and other land use regulations.(3) Division--The Asset Management Division of the Texas General Land Office.(4) Emergency or urgent public necessity--Circumstances in which immediate board action is required because of an imminent threat to public health or safety, or a reasonably unforeseeable situation.(5) Order--Official action by the board with regard to a development plan.(6) Political subdivision--A county, municipality, public school district, or special-purpose district or authority with jurisdiction over the property (as defined in this section).(7) Property--Real property, owned or held in trust by the state, for which a development plan has been proposed or promulgated.(8) Rezoning--Changing the existing zoning or land use regulation(s) applicable to the property.(9) Substantial amendment--Amendment of an existing development plan and/or rezoning which results in one or more of the following:(A) more intense land use not permitted by the existing development plan and/or existing zoning;(B) change of a site development regulation or requirement set forth in the existing development plan and/or existing zoning; or(C) change of any condition of approval of the initial zoning and/or development plan. Source Note: The provisions of this §2.41 adopted to be effective January 9, 2003, 28 TexReg 479; amended to be effective February 22, 2011, 36 TexReg 1153. 1 GENERAL LAND OFFICE 2 RULES OF PRACTICE AND PROCEDURE C PROCEDURES FOR SPECIAL BOARD OF REVIEW HEARINGS §2.41 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99207&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 99207 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99207&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 99207 03/11/2026 (a) The provisions of any rule referring to the board shall be construed to apply to the members of the board (including the chairperson) if the matter is within the jurisdiction of the board. Unless otherwise provided by law, a board member or the chairperson may delegate any duty imposed under Texas Natural Resources Code, §31.161, or this subchapter to the duly authorized representative of the member or chairperson. In such case, the provisions of any statute or rule referring to the board member(s) or the chairperson shall be construed to also apply to the duly authorized representative(s).(b) Except as set forth in §2.43(d) of this subchapter (relating to Request for Board Hearings) the provisions of any rule referring to a development plan shall be construed to apply to any revision or modification of a development plan. Source Note: The provisions of this §2.42 adopted to be effective January 9, 2003, 28 TexReg 479. 1 GENERAL LAND OFFICE 2 RULES OF PRACTICE AND PROCEDURE C PROCEDURES FOR SPECIAL BOARD OF REVIEW HEARINGS §2.42 Applicability of Rules https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99195&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 99195 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99195&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 99195 03/11/2026 (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.(b) A person shall submit a hearing request in writing to the board chairperson and shall include in that request:(1) the name, address, and telephone number of the party filing the hearing request and the name(s), address(es), and telephone number(s) of representatives (such as the name of legal counsel, agents, corporate representatives, etcetera) and/or other interested parties, if known;(2) a concise statement of the facts and circumstances upon which board review is requested;(3) a concise statement of the specific relief sought; and(4) a brief description of any exigent or emergency circumstances requiring an emergency hearing, as provided for in the Texas Open Meetings Act, Government Code, Chapter 551, §551.045.(c) Within ten days following receipt of such request, the board chairperson shall send copies of such request to all other board members. Except as provided in subsection (d) of this section, if, after receiving such request, three or more board members request a hearing by notice in writing to the board chairperson, a hearing shall be scheduled within 60 days following the date the board members' hearing requests were received by the board chairperson.(d) If such request involves a substantial amendment, the board may not schedule a hearing until the following has occurred.(1) The division shall submit the request for a substantial amendment to the political subdivision.(2) The political subdivision shall evaluate the proposed substantial amendment and either accept or reject it, in writing, within four months after submission of the request by the division. If the political subdivision fails to accept or reject the substantial amendment within the four month period, the board shall immediately upon the expiration of such period have jurisdiction to consider the request and may, pursuant to the terms of this subchapter schedule a hearing.(3) The political subdivision may reject the proposed substantial amendment only on grounds that it does not comply with one or more local ordinances.(4) If the proposed substantial amendment is rejected, the political subdivision shall specifically identify, in writing, any ordinance with which the substantial amendment conflicts and propose specific modifications that will bring the proposed substantial amendment into compliance with the local ordinance(s).(5) After a proposed substantial amendment is rejected, the division may modify the proposed substantial amendment to conform to the ordinances specifically identified or apply to the board for rezoning, variance or other relief. Source Note: The provisions of this §2.43 adopted to be effective January 9, 2003, 28 TexReg 479. 1 GENERAL LAND OFFICE 2 RULES OF PRACTICE AND PROCEDURE C PROCEDURES FOR SPECIAL BOARD OF REVIEW HEARINGS §2.43 Requests for Board Hearings https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99196&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 99196 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99196&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 99196 03/11/2026 The division shall submit an initial development plan or a proposed substantial amendment to the political subdivision. The political subdivision shall review and comment on the initial development plan or proposed substantial amendment in accordance with Texas Natural Resources Code, §31.162, and this subchapter. Source Note: The provisions of this §2.44 adopted to be effective January 9, 2003, 28 TexReg 479. 1 GENERAL LAND OFFICE 2 RULES OF PRACTICE AND PROCEDURE C PROCEDURES FOR SPECIAL BOARD OF REVIEW HEARINGS §2.44 Political Subdivision Authority https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99197&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 99197 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99197&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 99197 03/11/2026 (a) The board shall provide notice of each hearing in accordance with the Texas Open Meetings Act, Government Code, Chapter 551.(b) The board shall provide written notice to a political subdivision at least 14 days prior to a board hearing. Source Note: The provisions of this §2.45 adopted to be effective January 9, 2003, 28 TexReg 479. 1 GENERAL LAND OFFICE 2 RULES OF PRACTICE AND PROCEDURE C PROCEDURES FOR SPECIAL BOARD OF REVIEW HEARINGS §2.45 Notice https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99198&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 99198 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99198&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 99198 03/11/2026 (a) The board shall conduct one or more public hearings for any purpose set forth in §2.43(a) of this subchapter (relating to Requests for Board Hearings). If the property is located in more than one city or town, the hearing(s) on any single tract of land may be combined. At least one hearing shall be conducted in the county where the property is located. Any board hearing shall be open to the public in accordance with the Texas Open Meetings Act, Government Code, Chapter 551, §§551.001 et seq, and the board shall conduct all hearings in accordance with §§2.31-2.36 of this chapter.(b) Hearings of the board are not a contested case proceedings under the Administrative Procedure Act, Government Code, Chapter 2001, §§2001.001 et seq, and shall not be subject to appeal thereunder. Source Note: The provisions of this §2.46 adopted to be effective January 9, 2003, 28 TexReg 479. 1 GENERAL LAND OFFICE 2 RULES OF PRACTICE AND PROCEDURE C PROCEDURES FOR SPECIAL BOARD OF REVIEW HEARINGS §2.46 Hearings https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99199&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 99199 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99199&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 99199 03/11/2026 A simple majority of the board members constitutes a quorum with power to act in all cases. Source Note: The provisions of this §2.47 adopted to be effective January 9, 2003, 28 TexReg 479. 1 GENERAL LAND OFFICE 2 RULES OF PRACTICE AND PROCEDURE C PROCEDURES FOR SPECIAL BOARD OF REVIEW HEARINGS §2.47 Quorum https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99200&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 99200 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99200&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 99200 03/11/2026 The board shall issue an order adopting or revising a development plan and/or, if applicable, rezoning the property or granting variances or other necessary relief from ordinances of a political subdivision, if, after the hearing(s), the board determines that local ordinances, rules, zoning or land use regulations, and/or an existing development plan are detrimental to the best interests of the state. The board shall issue its order in writing within 15 days following the final hearing. Final orders, minutes of the hearing, and material submitted to the board for consideration shall be open to the public in accordance with the Open Records Act, Government Code, Chapter 552, §§552.001 et seq. Source Note: The provisions of this §2.48 adopted to be effective January 9, 2003, 28 TexReg 479. 1 GENERAL LAND OFFICE 2 RULES OF PRACTICE AND PROCEDURE C PROCEDURES FOR SPECIAL BOARD OF REVIEW HEARINGS §2.48 Orders https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150830&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 150830 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150830&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 150830 03/11/2026 (a) A development plan adopted by board order, or otherwise accepted by a political subdivision, shall be:(1) final and binding on the state, its lessees, successors in interest and assigns, and affected political subdivisions, unless subsequently revised by the board, except as provided in Texas Natural Resources Code §31.167(c); and(2) filed in the deed records of the county in which the property is located.(b) No person shall revise or modify a development plan adopted by board order, or otherwise accepted by a political subdivision, without specific approval by the board, except as provided in Texas Natural Resources Code §31.167(c). Source Note: The provisions of this §2.49 adopted to be effective January 9, 2003, 28 TexReg 479; amended to be effective February 22, 2011, 36 TexReg 1153. 1 GENERAL LAND OFFICE 2 RULES OF PRACTICE AND PROCEDURE C PROCEDURES FOR SPECIAL BOARD OF REVIEW HEARINGS §2.49 Binding Effect of Orders and Development Plans https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99202&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 99202 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99202&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 99202 03/11/2026 Unless otherwise expressed by the provisions of this subchapter, all time periods shall be calculated from the date on which a development plan or hearing request is filed with the political subdivision. Source Note: The provisions of this §2.50 adopted to be effective January 9, 2003, 28 TexReg 479. 1 GENERAL LAND OFFICE 2 RULES OF PRACTICE AND PROCEDURE C PROCEDURES FOR SPECIAL BOARD OF REVIEW HEARINGS §2.50 Time Periods https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=171447&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 171447 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=171447&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 171447 03/11/2026 These rules shall govern the procedures for conducting public hearings before the Special Board of Review, as defined in §2.52 of this subchapter (relating to Definitions), for projects to be developed under §2267 of the Texas Government Code. Source Note: The provisions of this §2.51 adopted to be effective February 12, 2015, 40 TexReg 608. 1 GENERAL LAND OFFICE 2 RULES OF PRACTICE AND PROCEDURE D PROCEDURES FOR SPECIAL BOARD FOR REVIEW HEARINGS UNDER SECTION 2267 OF THE TEXAS GOVERNMENT CODE §2.51 Applicability https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=171448&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 171448 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=171448&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 171448 03/11/2026 The following words, terms and phrases, when used in this subchapter shall have the following meanings, unless the context clearly indicates otherwise.(1) Board--The special board of review consisting of the Commissioner of the General Land Office sitting as presiding officer; the mayor of the city or town within the corporate boundaries or extraterritorial jurisdiction of which the property is located, if the property is located within a city or town; the county judge of the county within which the property is located; the executive director of the state entity that proposes to develop or operate the qualifying project; and a member appointed by the Governor.(2) Development plan--A plan, promulgated by a state entity (as defined in this section) in accordance with Texas Government Code, §2267.006, to conserve and enhance the value of land belonging to the state, taking into consideration the preservation of the health, safety, and general welfare of the communities in which the property is situated.(3) Order--Official action by the Board with regard to a development plan.(4) Property--Real property for which a development plan has been promulgated or adopted by a state entity (as defined in this section).(5) Rezoning--Changing the existing zoning or land use regulation(s) applicable to the property.(6) State Entity--The state entity that has promulgated or adopted a development plan in accordance with Texas Government Code, §2267.006. Source Note: The provisions of this §2.52 adopted to be effective February 12, 2015, 40 TexReg 608. 1 GENERAL LAND OFFICE 2 RULES OF PRACTICE AND PROCEDURE D PROCEDURES FOR SPECIAL BOARD FOR REVIEW HEARINGS UNDER SECTION 2267 OF THE TEXAS GOVERNMENT CODE §2.52 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=171451&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 171451 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=171451&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 171451 03/11/2026 (a) The provisions of any rule referring to the Board shall be construed to apply to the members of the Board (including the presiding officer) if the matter is within the jurisdiction of the Board. Unless otherwise provided by law, a Board member or the presiding officer may delegate any duty imposed under Texas Government Code, §2267, or this subchapter to the duly authorized representative of the member or presiding officer. In such case, the provisions of any statute or rule referring to the Board member(s) or the presiding officer shall be construed to also apply to the duly authorized representative(s).(b) The provisions of any rule referring to a development plan shall be construed to apply to any revision or modification of a development plan. Source Note: The provisions of this §2.53 adopted to be effective February 12, 2015, 40 TexReg 608. 1 GENERAL LAND OFFICE 2 RULES OF PRACTICE AND PROCEDURE D PROCEDURES FOR SPECIAL BOARD FOR REVIEW HEARINGS UNDER SECTION 2267 OF THE TEXAS GOVERNMENT CODE §2.53 Applicability of Rules https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=171449&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 171449 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=171449&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 171449 03/11/2026 (a) A state entity may request a Board hearing to:(1) appeal the denial by a political subdivision of a request for rezoning, variance, or other relief in the state entity's development plan; and/or(2) request the Board to adopt or revise a development plan.(b) The state entity shall submit a hearing request in writing to the Board presiding officer and shall include in that request:(1) the name, address, and telephone number of the presiding officer or executive director of the state entity making the hearing request;(2) a concise statement of the facts and circumstances upon which Board review is requested;(3) a concise statement of the specific relief sought; and(4) a brief description of any emergency or urgent public necessity circumstances requiring an emergency hearing, as provided for in the Texas Open Meetings Act, Government Code, Chapter 551, §551.045.(c) Within ten business days following receipt of such request, the Board presiding officer shall send copies of such request to all other Board members. Except as provided in subsection (d) of this section, if, after receiving such request, two or more Board members request a hearing by notice in writing to the Board presiding officer, a hearing shall be scheduled within 60 calendar days following the date the Board members' hearing requests were received by the Board presiding officer. Source Note: The provisions of this §2.54 adopted to be effective February 12, 2015, 40 TexReg 608. 1 GENERAL LAND OFFICE 2 RULES OF PRACTICE AND PROCEDURE D PROCEDURES FOR SPECIAL BOARD FOR REVIEW HEARINGS UNDER SECTION 2267 OF THE TEXAS GOVERNMENT CODE §2.54 Requests for Board Hearings https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=171450&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 171450 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=171450&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 171450 03/11/2026 (a) The Board shall provide notice of each hearing in accordance with the Texas Open Meetings Act, Government Code, Chapter 551, §551.045.(b) At least 14 calendar days prior to a Board hearing, the Board shall provide written notice to all political subdivisions in which the property in question is located and to the appropriate central appraisal district. Source Note: The provisions of this §2.55 adopted to be effective February 12, 2015, 40 TexReg 608. 1 GENERAL LAND OFFICE 2 RULES OF PRACTICE AND PROCEDURE D PROCEDURES FOR SPECIAL BOARD FOR REVIEW HEARINGS UNDER SECTION 2267 OF THE TEXAS GOVERNMENT CODE §2.55 Notice https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=171452&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 171452 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=171452&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 171452 03/11/2026 (a) The Board shall conduct one or more public hearings for any purpose set forth in §2.54(a) of this subchapter (relating to Requests for Board Hearings). If the property is located in more than one city or town, the hearing(s) on any single tract of land may be combined. At least one hearing shall be conducted in the county where the property is located. Any Board hearing shall be open to the public in accordance with the Texas Open Meetings Act, Government Code, Chapter 551, §551.045, and the Board shall conduct all hearings in accordance with this subchapter.(b) Hearings of the Board are not contested case proceedings under the Administrative Procedure Act, Texas Government Code, Chapter 2001, and shall not be subject to appeal under that chapter. Source Note: The provisions of this §2.56 adopted to be effective February 12, 2015, 40 TexReg 608. 1 GENERAL LAND OFFICE 2 RULES OF PRACTICE AND PROCEDURE D PROCEDURES FOR SPECIAL BOARD FOR REVIEW HEARINGS UNDER SECTION 2267 OF THE TEXAS GOVERNMENT CODE §2.56 Hearings https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=171453&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 171453 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=171453&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 171453 03/11/2026 A simple majority of the Board members constitutes a quorum with power to act in all cases. Source Note: The provisions of this §2.57 adopted to be effective February 12, 2015, 40 TexReg 608. 1 GENERAL LAND OFFICE 2 RULES OF PRACTICE AND PROCEDURE D PROCEDURES FOR SPECIAL BOARD FOR REVIEW HEARINGS UNDER SECTION 2267 OF THE TEXAS GOVERNMENT CODE §2.57 Quorum https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=171454&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 171454 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=171454&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 171454 03/11/2026 If, after the hearing(s), the Board determines that local zoning requirements are detrimental to the best interest(s) of the State, the Board shall issue an order establishing a development plan to govern the use of the real property as provided in §2267 of the Texas Government Code. The Board may, in its order establishing a development plan, rezone the property and/or grant variances or other necessary relief from any rules, regulations, order or ordinances of a political subdivision. The Board shall issue its order in writing within 30 calendar days following the final hearing. Final orders, minutes of the hearing, and material submitted to the Board for consideration shall be open to the public in accordance with the Open Records Act, Government Code, Chapter 551, §551.045. Source Note: The provisions of this §2.58 adopted to be effective February 12, 2015, 40 TexReg 608. 1 GENERAL LAND OFFICE 2 RULES OF PRACTICE AND PROCEDURE D PROCEDURES FOR SPECIAL BOARD FOR REVIEW HEARINGS UNDER SECTION 2267 OF THE TEXAS GOVERNMENT CODE §2.58 Orders of the Board https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=171456&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 171456 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=171456&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 171456 03/11/2026 (a) A development plan adopted by Board order shall be:(1) final and binding on the State, its lessees, successors in interest and assigns, and affected local governments or political subdivisions, unless subsequently revised by the Board or as specifically provided in Texas Government Code, §2267.0067(c).(2) filed in the deed records of the county in which the property is located.(b) If the state entity does not receive a bid or auction solicitation for the property subject to the development plan, the state entity, at the direction of its executive director, may petition the Board to revise the development plan to conserve and enhance the value and marketability of the property.(c) No local government, political subdivision, owner, builder, developer or any other person may revise or modify a development plan adopted by Board order, without specific approval by the Board, except as specifically provided in Texas Government Code, §2267.0067(c). Source Note: The provisions of this §2.59 adopted to be effective February 12, 2015, 40 TexReg 608. 1 GENERAL LAND OFFICE 2 RULES OF PRACTICE AND PROCEDURE D PROCEDURES FOR SPECIAL BOARD FOR REVIEW HEARINGS UNDER SECTION 2267 OF THE TEXAS GOVERNMENT CODE §2.59 Binding Effect of Orders and Development Plans https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=171455&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 171455 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=171455&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 171455 03/11/2026 Unless otherwise expressed by the provisions of this subchapter, all time periods shall be calculated from the date on which a development plan or hearing request is filed with the political subdivision. Source Note: The provisions of this §2.60 adopted to be effective February 12, 2015, 40 TexReg 608. 1 GENERAL LAND OFFICE 2 RULES OF PRACTICE AND PROCEDURE D PROCEDURES FOR SPECIAL BOARD FOR REVIEW HEARINGS UNDER SECTION 2267 OF THE TEXAS GOVERNMENT CODE §2.60 Time Periods https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=88248&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 88248 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=88248&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 88248 03/11/2026 (a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.(1) GLO--The General Land Office of Texas.(2) Commissioner--The Commissioner of the General Land Office of Texas or the Commissioner's designee not below the level of division director.(b) Motor pool. Each GLO vehicle, with the exception of a vehicle assigned to a field employee, will be assigned to the GLO's motor pool and be available for checkout.(c) Regular vehicle assignment. The GLO may assign a vehicle to an individual administrative or executive employee on a regular or everyday basis only if the Commissioner makes a documented finding that the assignment is critical to the needs and mission of the department. Source Note: The provisions of this §3.1 adopted to be effective August 1, 2001, 26 TexReg 5663. 1 GENERAL LAND OFFICE 3 GENERAL PROVISIONS A PROPERTY ACCOUNTABILITY §3.1 Restrictions on Assignment of Vehicles https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=151226&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 151226 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=151226&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 151226 03/11/2026 (a) The General Land Office shall make available to its employees funds for training and education in accordance with the Employee Training Act, Government Code §§656.041 - 656.049.(b) The General Land Office may provide training or education to its employees that is related to the duties or prospective duties of the employees. All General Land Office employees are eligible to receive training and education, subject to the requirements of agency policy, managerial discretion and availability of funds.(c) An employee who completes training and education to obtain a degree or certification for which the General Land Office has provided all or part of the required fees must agree in writing to fully repay the General Land Office any amounts paid for educational assistance if the employee voluntarily terminates employment with the agency within one year after the course or courses are completed.(d) Approval to participate in a training and education program, including an agency-sponsored training, seminar or conference shall not in any way affect an employee's at-will status. The approval of a training and education program is not a guarantee or indication that approval will be granted for subsequent training and education programs. Approval to participate in a training and education program shall in no way constitute a guarantee or indication of continued employment, nor shall it constitute a guarantee or indication of future employment in a current or prospective position. Source Note: The provisions of this §3.21 adopted to be effective August 1, 2001, 26 TexReg 5663; amended to be effective March 30, 2011, 36 TexReg 1992. 1 GENERAL LAND OFFICE 3 GENERAL PROVISIONS B TRAINING AND EDUCATION OF EMPLOYEES §3.21 Training and Education https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185705&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 185705 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185705&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 185705 03/11/2026 In accordance with Texas Government Code, §2161.003, the General Land Office adopts by reference the Comptroller of Public Accounts' rules found at Texas Administrative Code, Title 34, Part 1, Chapter 20, Subchapter D, Division 1, relating to Historically Underutilized Businesses. Source Note: The provisions of this §3.30 adopted to be effective June 30, 2002, 27 TexReg 5523; amended to be effective March 30, 2011, 36 TexReg 1992; amended to be effective September 20, 2017, 42 TexReg 4818. 1 GENERAL LAND OFFICE 3 GENERAL PROVISIONS C SERVICES AND PRODUCTS §3.30 Historically Underutilized Businesses https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=172119&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 172119 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=172119&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 172119 03/11/2026 (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.(b) General Land Office fees. The commissioner is authorized and required to collect the following fees where applicable.(1) Cost of land title documents.(A) Preparation of each patent or deed of acquittance: $100.(B) Filing fee, original field notes: $25.(C) Filing fee, corrected field notes: no charge.(D) Filing fee, other instruments required by law to be filed with the General Land Office or accepted for filing by the General Land Office: $25 per instrument.(E) recording fee per document, per county: the greater of $25 or the actual amount charged by the county clerk.(2) Certificates of fact:(A) Narrative certificates of fact consisting of all data from the inception of chain of title to the date of perfection of title and mineral history in paragraph form, supplemental or limited certificates of fact (consisting of specific information or start date for history of a specific tract land): $100 per file.(B) Spanish documents: $75 per document.(3) Certified and non-certified classification letters:(A) Certified classification letter: $50 per file;(B) Non-certified classification letter: $10 per file.(4) Preparation of working sketch: $40 per hour ($60 minimum).(5) Duplication fees - archival records: For purposes of this section the term archival records is defined as records maintained in the Archives and Records Division of the Texas General Land Office. The Archives and Records Division reserves the right to deny duplication of any document or map considered too fragile or brittle to safely copy. In addition, the Archives and Records Division reserves the right to specify what method(s) of reproduction may be used. Archival records for all original records affecting land titles, including original land grant files, Spanish Collection materials, school land and scrap files and maps, sketches and plats:(A) Black and white photocopies and microfilm copies, per page:(i) 8.5 inch by 11 inch: $1.00;(ii) 8.5 inch by 14 inch: $1.00;(iii) 11 inch by 17 inch: $2.00.(B) Color photocopies, per page:(i) 8.5 inch by 11 inch: $2.00;(ii) 8.5 inch by 14 inch: $2.00;(iii) 11 inch by 17 inch: $3.00.(C) Patent or Deed of Acquittance, includes certification: $5.00.(D) Official county maps: $15 per map.(E) Sketches (large format digital copies); per linear foot: $2.00.(F) Digitally reproduced archival map collection on special printer paper.(i) 48 inches or less: $20 per map plus $8.00 shipping and handling;(ii) greater than 48 inches: $40 per map plus $8.00 shipping and handling.(G) Digital Media for Archival Image Digital Duplication or Transfer.(i) Digital Media of File Transfer Service, including: CD, DVD, Flash Drive, or transfer over the internet: $16 per order;(ii) cost per image: $50;(iii) digitization of unscanned map, sketch or file: $25.(6) Certification:(A) Individual instruments or maps: $2.00.(B) Contents of complete files, each file: $25.(C) Copy of official Spanish translations, each: $25.(7) Spanish translations:(A) Original translations: $.15 per word.(B) Copies of previously translated Spanish or Mexican titles: $2.00 per page.(8) Rush Fee: At General Land Office staff discretion, expedited preparation of photocopies, GIS products, maps and items scanned may be provided for a fee. Payment of the rush fee does not guarantee that requested services will be completed by a specific time. Payment of the rush fee will allow the rush order to be completed ahead of non-rush items: per order $50.(9) Digital mapping (GIS):(A) GIS maps printed on special printer paper:(i) Plotting standard products:(I) Small maps: Labor, paper and supplies: $15 per map;(II) 18 inch by 24 inch: Labor, paper and supplies: $20 per map;(III) 24 inch by 36 inch: Labor, paper and supplies: $25 per map;(IV) 36 inch by 48 inch: Labor, paper and supplies: $30 per map;(V) Large maps: Labor, paper and supplies: $40 per map.(ii) Plotting custom products:(I) Labor: $50 per hour (one hour minimum);(II) Paper and Supplies: $10 per map.(B) Digital GIS data placed on CD-ROM: Each CD: $11, DVD: $16 - plus labor at $40 per hour (prorated at 15 minute intervals).(10) Vacancies:(A) Application fee: $150.(B) Filing fee for original field notes: $25.(C) Affidavit Filing Fee: $25.(D) Each deed, title opinion, or other document needed to satisfy the commissioner of claimant's status. Filing fee for each document submitted as required: $25.(E) Petition For Disqualification of Surveyor costs associated including hearing, mailing copies, other expenses, non-refundable: $250.(F) Copying Fees, related to vacancy application only:(i) Black and white photocopies, per page:(I) 8.5 inch by 11 inch: $.10.(II) 8.5 inch by 14 inch: $.10.(III) 11 inch by 17 inch: $.25.(ii) Color photocopies, per page:(I) 8.5 inch by 11 inch: $.25.(II) 8.5 inch by 14 inch: $.25.(III) 11 inch by 17 inch: $.50.(iii) Sketches, plats and survey maps (larger than 11 inch by 17 inch): $2.00 per linear foot.(11) Appraisal fees. Appraisal fees are charged for appraisals required to be paid by the applicant for the purchase of excess acreage and vacancies: For each appraisal: $500.(12) Recorded media:(A) VHS videotape, each $10, other video formats $20 per 30 minutes, $30 per 60 minutes;(B) Audio cassettes, each: $7.50, audio transfer fee, $25 per hour, 1/2 hour minimum;(C) Video Transfer Fee, 1/2 hour - $25, 1/2 hour minimum;(D) Recorded media placed on CD/DVD: CD $11, DVD: $16 - plus labor at $40 per hour (prorated at 15 minute intervals);(E) Video/Audio encoding fee: 1/2 hour - $25, 1/2 hour minimum.(13) Records research, research of official records of the General Land Office, per hour $50 (minimum 1/2 hour).(A) Genealogy search, per name: $20.(B) Other research of official records, i.e., field notes, sketches, maps: per hour $50, minimum 1/2 hour.(14) Mailing fees:(A) Mailing tubes, each $3.(B) Handling and preparation for mailing, each item: $15 per package (optional).(C) Postage and handling: $15 per package.(D) Registered mail, each item: $11.50 or current United States Postal Service rate.(E) Certified mail, each item: $5.10 or current United States Postal Service rate plus current USPS rate for postage.(15) Publications:(A) Abstract volume (digital on CD): $11.(B) Abstract volume supplement (digital on CD): $11.(C) Spanish Collection Catalogue (Part I): $15.(D) Spanish Collection Catalogue (Part II): $15.(E) New Guide to Spanish and Mexican Land Grants in South Texas: $15.(16) Publication or Broadcast Fee (Image Use Fee): For use of a GLO archival image (map or document) in a book, magazine, motion picture, television broadcast, video, website, reproduction for resale, or other promotional advertising use:(A) Non-profit organizations, college or university presses, governmental entities, news media, private individuals: no charge.(B) For profit organizations: $50 per image per use.(17) Geophysical and geochemical exploration:(A) Non-Relinquishment Act lands:(i) permit application filing fee: $100.(ii) exploration and surface/bottom damage fees for unleased tracts in bays, other tideland areas, and the Gulf of Mexico.(I) high velocity energy sources:(-a-) $5.00 per acre in bays and other tideland areas;(-b-) $2.00 per acre in the Gulf of Mexico;(II) low velocity energy sources:(-a-) $2.50 per acre in bays and other tideland areas;(-b-) $1.00 per acre in the Gulf of Mexico;(III) other exploration techniques: negotiable;(iii) surface damage fees for unleased uplands:(I) vibroseis: $2.50 per acre;(II) high velocity energy sources: $5.00 per acre;(III) gravity meter and/or magnetometer: fair market value, but not less than $2.50 per acre;(iv) other exploration techniques: negotiable.(B) Relinquishment Act lands:(i) permit application filing fee: $100;(ii) all fees for actual surface damages to personal property, improvements, livestock, and crops on unleased Relinquishment Act lands, if any, are to be negotiated with the surface owner. Any fees in excess of those attributable to the types of surface damages listed in this paragraph must be shared equally with the state.(18) Miscellaneous services, products and fees:(A) In-kind contract maintenance fee. Processing and accounting for in-kind oil, gas, and other related product contracts, from purchaser of state-owned products unless deemed unnecessary by the Commissioner: per barrel delivered: $.05; per MMBTU delivered: $.03.(B) Relinquishment Act lease processing fee: $100.(C) Highway right-of-way lease processing fee, including preparation of lease: $500.(D) Pooling application processing fee, including preparation and filing of pooling agreements: $500.(E) Oil, gas, and mineral lease application and filing fee, including processing, lease preparation, and filing of any oil, gas, or mineral lease not subject to other processing or nomination fees: $100.(F) Tract nomination fee, oil, gas, or mineral sealed bid lease sale fee: $100.(G) Prospect permit filing fee: $50.(H) Insufficient check fee (for each check returned): $25.(I) The Fees for any other services or products not listed herein shall be collected as posted on the public web site of the General Land Office. Source Note: The provisions of this §3.31 adopted to be effective January 24, 2002, 27 TexReg 479; amended to be effective September 10, 2002, 27 TexReg 8596; amended to be effective December 14, 2003, 28 TexReg 10947; amended to be effective May 9, 2004, 29 TexReg 4228; amended to be effective September 20, 2004, 29 TexReg 9011; amended to be effective November 27, 2005, 30 TexReg 7744; amended to be effective May 25, 2006, 31 TexReg 4221; amended to be effective December 24, 2006, 31 TexReg 10339; amended to be effective April 11, 2007, 32 TexReg 2011; amended to be effective March 30, 2011, 36 TexReg 1992; amended to be effective July 28, 2011, 36 TexReg 4667; amended to be effectiveMarch 10, 2014, 39 TexReg 1723; amended to be effective April 19, 2015, 40 TexReg 2095. 1 GENERAL LAND OFFICE 3 GENERAL PROVISIONS C SERVICES AND PRODUCTS §3.31 Fees https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99203&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 99203 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99203&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 99203 03/11/2026 (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.(d) The commissioner may solicit written responses to the protest from other interested parties or any other party the commissioner determines could provide relevant information.(e) If the protest is not resolved by mutual agreement, the commissioner will issue a final written determination on the protest.(1) If the commissioner determines that no violation of rules or statutes has occurred, he shall so inform the protesting party and other interested parties by letter which sets forth the reasons for the determination.(2) If the commissioner determines that a violation of the rules or statutes has occurred in a case where a contract has not been awarded, he shall so inform the protesting party and other interested parties by letter which sets forth the reasons for the determination and the appropriate remedial action.(3) If the commissioner determines that a violation of the rules or statutes has occurred in a case where a contract has been awarded, he shall so inform the protesting party and other interested parties by letter which sets forth the reasons for the determination, which may include determining that the contract is void.(f) All documents collected by the General Land Office as part of a solicitation, evaluation, and/or award of a contract shall be kept on file at the General Land Office for a period of at least two years from the date of the solicitation.(g) Protests that do not satisfy the requirements of this section may be dismissed by the General Land Office administratively and without written notice of dismissal. Source Note: The provisions of this §3.50 adopted to be effective January 9, 2003, 28 TexReg 481. 1 GENERAL LAND OFFICE 3 GENERAL PROVISIONS E PURCHASING §3.50 Purchasing https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=177274&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 177274 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=177274&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 177274 03/11/2026 (a) The General Land Office (GLO) shall identify contracts that require enhanced monitoring.(b) In determining which contracts require enhanced monitoring, the GLO shall consider factors including:(1) contract amount;(2) risk;(3) special circumstances of project; and(4) scope of goods or services provided.(c) The GLO shall adopt procedures to administer the enhanced contract monitoring program.(d) Enhanced contract monitoring reports shall be regularly provided to the commissioner, chief clerk, and when applicable, to the School Land Board or the Veterans Land Board. Source Note: The provisions of this §3.51 adopted to be effective April 24, 2016, 41 TexReg 2771. 1 GENERAL LAND OFFICE 3 GENERAL PROVISIONS E PURCHASING §3.51 Enhanced Contract Monitoring Program https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197121&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 197121 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197121&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 197121 03/11/2026 (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. Source Note: The provisions of this §3.60 adopted to be effective November 25, 2019, 44 TexReg 7186. 1 GENERAL LAND OFFICE 3 GENERAL PROVISIONS F NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES §3.60 Purpose and Application https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197122&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 197122 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197122&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 197122 03/11/2026 (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 -- the Chief Clerk of the Land Office or his or her designee.(2) Commissioner -- the 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 -- the 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 -- the 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.(b) Words or terms not defined in this subchapter have the meanings defined in Texas Government Code, Chapter 2260, or, if no meaning is defined therein, shall be read in context and construed according to the rules of grammar and common usage. Source Note: The provisions of this §3.61 adopted to be effective November 25, 2019, 44 TexReg 7186. 1 GENERAL LAND OFFICE 3 GENERAL PROVISIONS F NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES §3.61 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197123&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 197123 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197123&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 197123 03/11/2026 The procedures in this subchapter are exclusive and required prerequisites to suit under the Civil Practice & Remedies Code, Chapter 107, and Texas Government Code, Chapter 2260. Source Note: The provisions of this §3.62 adopted to be effective November 25, 2019, 44 TexReg 7186. 1 GENERAL LAND OFFICE 3 GENERAL PROVISIONS F NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES §3.62 Prerequisites to Suit https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197124&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 197124 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197124&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 197124 03/11/2026 This subchapter does not waive the Land Office's sovereign immunity to suit or liability. Source Note: The provisions of this §3.63 adopted to be effective November 25, 2019, 44 TexReg 7186. 1 GENERAL LAND OFFICE 3 GENERAL PROVISIONS F NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES §3.63 Sovereign Immunity https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197125&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 197125 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197125&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 197125 03/11/2026 (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.(c) With its notice of claim, the contractor may submit supporting documentation or other tangible evidence to facilitate the Land Office's evaluation of the contractor's claim.(d) Contractor must deliver the notice of claim no later than 180 days after the date of the act or omission upon which contractor's claim is based. Source Note: The provisions of this §3.64 adopted to be effective November 25, 2019, 44 TexReg 7186. 1 GENERAL LAND OFFICE 3 GENERAL PROVISIONS F NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES §3.64 Notice of Claim of Breach of Contract https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197126&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 197126 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197126&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 197126 03/11/2026 (a) If the Land Office asserts a counterclaim under Texas Government Code, Chapter 2260, it must file notice of the counterclaim as provided by this section.(b) The notice of counterclaim must:(1) be in writing;(2) be delivered by hand, certified mail return receipt requested, or other verifiable delivery service to the contractor or representative of the contractor who signed the notice of claim of breach of contract; and(3) state in detail:(A) the nature of the counterclaim;(B) a description of damages or offsets sought, including the amount and method used to calculate those damages or offsets; and(C) the legal theory supporting the counterclaim.(c) With its notice of counterclaim, the Land Office may submit supporting documentation or other tangible evidence to facilitate the contractor's evaluation of the Land Office's counterclaim.(d) The Land Office must deliver the notice of counterclaim to the contractor no later than 60 days after the Land Office's receipt of the contractor's notice of claim.(e) Nothing herein precludes the Land Office from initiating a lawsuit for damages against the contractor in a court of competent jurisdiction. Source Note: The provisions of this §3.65 adopted to be effective November 25, 2019, 44 TexReg 7186. 1 GENERAL LAND OFFICE 3 GENERAL PROVISIONS F NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES §3.65 Counterclaim https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197127&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 197127 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197127&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 197127 03/11/2026 The parties must negotiate in accordance with the timetable set forth in §3.67 of this subchapter (relating to Timetable) to attempt to resolve all claims and counterclaims filed under this subchapter. No party is obligated to settle with the other party as a result of the negotiation. Source Note: The provisions of this §3.66 adopted to be effective November 25, 2019, 44 TexReg 7186. 1 GENERAL LAND OFFICE 3 GENERAL PROVISIONS F NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES §3.66 Duty to Negotiate https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197128&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 197128 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197128&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 197128 03/11/2026 (a) Following receipt of a contractor's notice of claim, the chief administrative officer must review the contractor's claim and the Land Office's counterclaim, if any, and initiate negotiations with the contractor to attempt to resolve the claim and counterclaim.(b) Subject to subsection (c) of this section, the parties must begin negotiations within a reasonable period of time, not to exceed 60 days following the later of:(1) the date of termination of the contract.(2) the completion date, or substantial completion date in the case of construction projects, in the original contract; or.(3) the date the Land Office receives the contractor's notice of claim.(c) The Land Office may delay negotiations until after the 180th day after the date of the act or omission giving rise to the claim of breach of contract by:(1) delivering written notice to the contractor that the commencement of negotiations will be delayed; and(2) delivering written notice to the contractor when the Land Office is ready to begin negotiations.(d) The parties may conduct negotiations according to an agreed schedule as long as they begin negotiations no later than the applicable deadlines set forth in subsections (b) or (c) of this section, whichever is applicable.(e) Subject to subsection (f) of this section, the parties must complete the negotiations that are required by this subchapter as a prerequisite to a contractor's request for contested case hearing no later than 270 days after the Land Office receives the contractor's notice of claim.(f) The parties may agree in writing to extend the time for negotiations on or before the 270th day after the Land Office receives the contractor's notice of claim. The agreement must be signed by the authorized representatives of the parties. The parties may enter into multiple consecutive agreements to extend the time for negotiations.(g) The contractor may request a contested case hearing before SOAH pursuant to §3.72 of this subchapter (relating to Request for Contested Case Hearing) after the 270th day after the Land Office receives the contractor's notice of claim, or the expiration of any extension agreed to under subsection (f) of this section.(h) The parties may agree to mediate the dispute at any time before the 270th day after the Land Office receives the contractor's notice of claim or before the expiration of any extension agreed to by the parties pursuant to subsection (f) of this section. The mediation shall be governed by §§3.73-80 of this subchapter.(i) Nothing in this section is intended to prevent the parties from commencing negotiations earlier than the deadlines established in subsections (b) and (c) of this section, or from continuing or resuming negotiations after the contractor requests a contested case hearing before SOAH. Source Note: The provisions of this §3.67 adopted to be effective November 25, 2019, 44 TexReg 7186. 1 GENERAL LAND OFFICE 3 GENERAL PROVISIONS F NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES §3.67 Timetable https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197129&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 197129 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197129&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 197129 03/11/2026 (a) Negotiation is a consensual bargaining process in which the parties attempt to resolve a claim and counterclaim. The parties may conduct a negotiation under this subchapter by any means authorized under the contract or agreed upon by the parties. The parties may conduct negotiations with the assistance of one or more neutral third parties. The parties may agree to mediate their dispute in accordance with §§3.73-80 of this subchapter or may agree to use an assisted negotiation process other than mediation.(b) To facilitate meaningful evaluation and negotiation of the claims and any counterclaims, the parties may exchange relevant documents supporting their respective claims, defenses, counterclaims, or positions. To the extent possible, the parties must select representatives who know the subject matter of the dispute, are in a position to reach agreement, and can credibly recommend approval of an agreement. Source Note: The provisions of this §3.68 adopted to be effective November 25, 2019, 44 TexReg 7186. 1 GENERAL LAND OFFICE 3 GENERAL PROVISIONS F NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES §3.68 Conduct of Negotiation https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197130&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 197130 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197130&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 197130 03/11/2026 (a) The parties must disclose their settlement approval procedures before, or at the beginning of, a negotiation or mediation.(b) A settlement agreement pertaining to a claim based on a contract of the Veterans Land Board or School Land Board must be approved by the Veterans Land Board or School Land Board, respectively, in a public meeting convened in accordance with Texas Government Code, Chapter 551. Source Note: The provisions of this §3.69 adopted to be effective November 25, 2019, 44 TexReg 7186. 1 GENERAL LAND OFFICE 3 GENERAL PROVISIONS F NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES §3.69 Settlement Approval Procedures for Negotiation and Mediation https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197131&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 197131 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197131&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 197131 03/11/2026 (a) The parties may, at any time during a negotiation or mediation conducted pursuant to this subchapter, reach a settlement agreement to resolve an entire claim or any designated and severable portion of a claim. A settlement agreement must identify any unresolved portion of the claim.(b) To be enforceable, a settlement agreement must be in writing and signed by representatives of the contractor and the Land Office authorized to bind each respective party.(c) A partial settlement does not waive a contractor's rights under Texas Government Code, Chapter 2260, as to unresolved parts of the claim. Source Note: The provisions of this §3.70 adopted to be effective November 25, 2019, 44 TexReg 7186. 1 GENERAL LAND OFFICE 3 GENERAL PROVISIONS F NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES §3.70 Settlement Agreement https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197132&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 197132 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197132&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 197132 03/11/2026 Unless the parties agree otherwise, each party shall be responsible for its own negotiation costs, including, without limitation, fees of attorneys, consultants, and experts. Source Note: The provisions of this §3.71 adopted to be effective November 25, 2019, 44 TexReg 7186. 1 GENERAL LAND OFFICE 3 GENERAL PROVISIONS F NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES §3.71 Costs of Negotiation https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197114&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 197114 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197114&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 197114 03/11/2026 (a) If the parties do not resolve a claim of breach of contract in its entirety through negotiation or mediation in accordance with this subchapter on or before the 270th day after the Land Office receives the notice of claim, or after the expiration of any extension agreed to by the parties pursuant to §3.67(f) of this subchapter (relating to Timetable), the contractor may file a request with the Land Office for a contested case hearing before SOAH.(b) A request for a contested case hearing must.(1) state the legal and factual basis for the claim.(2) be delivered to the chief administrative officer within a reasonable time after the 270th day after the Land Office receives the notice of claim or the expiration of any written extension agreed to pursuant to §3.67(f) of this subchapter; and(3) request that the claim be referred to SOAH for a contested case hearing.(c) The Land Office must, within a reasonable period of time not to exceed thirty days after receipt of the request, refer the claim to SOAH for a contested case hearing under Chapter 2001, Texas Government Code, as to the issues raised in the request.(d) The parties may agree to submit the case to the SOAH before the 270th day after the notice of claim is received by the Land Office if they have achieved a partial resolution of the claim or if they have reached an impasse in the negotiations and proceeding to a contested case hearing would serve the interests of justice. Source Note: The provisions of this §3.72 adopted to be effective November 25, 2019, 44 TexReg 7186. 1 GENERAL LAND OFFICE 3 GENERAL PROVISIONS F NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES §3.72 Request for Contested Case Hearing https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197115&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 197115 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197115&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 197115 03/11/2026 (a) The parties may agree to mediate a claim through an impartial third party at any time. For purposes of this subchapter, "mediation" has the meaning set forth in the Civil Practice and Remedies Code, §154.023. The mediation is subject to the provisions of the Governmental Dispute Resolution Act, Texas Government Code, Chapter 2009. The parties may be assisted in the mediation by legal counsel or other individual.(b) Mediation is a consensual process in which an impartial third party, the mediator, facilitates communication between the parties to promote reconciliation, settlement, or understanding among them. A mediator may not impose his or her own judgment on the issues for that of the parties. The mediator must be acceptable to both parties.(c) To facilitate a meaningful opportunity for mediated settlement, the parties shall, to the extent possible, select representatives who know the subject matter of the dispute, are in a position to reach agreement, and can credibly recommend approval of an agreement. Source Note: The provisions of this §3.73 adopted to be effective November 25, 2019, 44 TexReg 7186. 1 GENERAL LAND OFFICE 3 GENERAL PROVISIONS F NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES §3.73 Agreement to Mediate; Conduct of Mediation https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197116&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 197116 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197116&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 197116 03/11/2026 The mediator must possess the qualifications required under the Civil Practice and Remedies Code, §154.052, be subject to the standards and duties prescribed by the Civil Practice and Remedies Code, §154.053 and have the qualified immunity prescribed by the Civil Practice and Remedies Code, §154.055, if applicable. Source Note: The provisions of this §3.74 adopted to be effective November 25, 2019, 44 TexReg 7186. 1 GENERAL LAND OFFICE 3 GENERAL PROVISIONS F NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES §3.74 Qualifications and Immunity of the Mediator https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197117&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 197117 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197117&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 197117 03/11/2026 (a) A mediation conducted under this subchapter is confidential in accordance with Texas Government Code, §2009.054.(b) The confidentiality of a final settlement agreement to which the Land Office is a party is governed by the Public Information Act, Texas Government Code, Chapter 552. Source Note: The provisions of this §3.75 adopted to be effective November 25, 2019, 44 TexReg 7186. 1 GENERAL LAND OFFICE 3 GENERAL PROVISIONS F NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES §3.75 Confidentiality of Mediation and Final Settlement Agreement https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197118&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 197118 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197118&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 197118 03/11/2026 Unless the parties agree otherwise in writing, each party is responsible for its own mediation costs, including without limitation, document reproduction costs and fees of attorney, consultants, or experts. The mediator's fees and associated costs shall be divided equally between the parties. Source Note: The provisions of this §3.76 adopted to be effective November 25, 2019, 44 TexReg 7186. 1 GENERAL LAND OFFICE 3 GENERAL PROVISIONS F NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES §3.76 Costs of Mediation https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197119&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 197119 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197119&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 197119 03/11/2026 Any settlement agreement reached during a mediation must be signed by the Parties' authorized representatives and must describe any procedures the parties must follow to obtain final and binding approval of the agreement. Source Note: The provisions of this §3.77 adopted to be effective November 25, 2019, 44 TexReg 7186. 1 GENERAL LAND OFFICE 3 GENERAL PROVISIONS F NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES §3.77 Initial Settlement Agreement https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197120&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 197120 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197120&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 197120 03/11/2026 A final settlement agreement reached during or through mediation that resolves an entire claim or counterclaim, or any designated and severable portion of a claim or counterclaim, must comply with §3.70 of this subchapter (relating to Settlement Agreement). Source Note: The provisions of this §3.78 adopted to be effective November 25, 2019, 44 TexReg 7186. 1 GENERAL LAND OFFICE 3 GENERAL PROVISIONS F NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES §3.78 Final Settlement Agreement https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150916&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 150916 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150916&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 150916 03/11/2026 The Surveying Division of the General Land Office will furnish a surveyor with the correct form for Field Notes or Corrected Field Notes in paper and/or electronic format. Source Note: The provisions of this §7.1 adopted to be effective March 6, 2011, 36 TexReg 1337. 1 GENERAL LAND OFFICE 7 SURVEYING §7.1 Forms https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150917&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 150917 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150917&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 150917 03/11/2026 (a) The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (1) Buildup--Dry land that is created as a result of man-made or unnatural structures or events. (2) Coastal Boundary Survey--A survey conducted to locate a littoral boundary. (3) Fill--Material placed on submerged land or in the waters covering submerged land where the material has the effect of: (A) replacing any portion of submerged land with dry land; or (B) changing the bottom elevation of any submerged land. Examples of fill include, but are not limited to: dredge material, rock, sand, soil, clay, shells, plastics, construction debris, wood chips, overburden from mining or other excavation activities, and materials used to create any structure or infrastructure on submerged land or in the waters covering submerged land. (4) Littoral boundary--The boundary between state-owned submerged land and privately-owned littoral property. (5) Littoral property--Dry land bordering on or contiguous to submerged land. (6) Natural (original) littoral boundary--The location of the natural shoreline as it existed prior to the placement of fill or buildup. (7) Submerged Land--Any land lying below mean high water or mean higher high water, as applicable, and within the tidewater limits, including any buildup or fill on such land. (b) Coastal boundary surveys must satisfy the following conditions: (1) The survey work must be done by or under the direct control and supervision of a licensed state land surveyor or the county surveyor of the county in which the land is located, and the surveyor shall certify: (A) that the survey is correct and in accordance with Texas Natural Resources Code §21.042; and (B) that the survey work was done by or under the surveyor's direct control and supervision. (2) A surveyor, before performing a coastal boundary survey, shall discuss with the Surveying Division of the General Land Office as to the appropriate surveying method to be used to determine the littoral boundary. The surveyor should submit to the Surveying Division of the General Land Office relevant facts regarding the elevation of mean high water, mean higher high water, and/or other information that may be necessary to the determination of the littoral boundary. (3) The surveyor must certify on the survey plat and report that he or she has located the littoral boundary in accordance with methodology for the project approved by the Surveying Division of the General Land Office and that to the best of the surveyor's knowledge no fill or buildup is located within the area surveyed. The plat must indicate the name and address of the adjacent littoral property owner or owners whose property is affected by the coastal boundary survey. (4) Where the littoral boundary is located along a contour line, the beginning and ending points on the contour line must be established with X and Y coordinates utilizing the Texas Coordinate System of 1927 or 1983. Each end of the contour line must reference an N.G.S. Station. (5) In cases where fill or buildup exists, the surveyor must locate and survey both the natural (original) littoral boundary and the boundary of the area of fill or buildup. Prior to surveying the natural (original) littoral boundary of the property, the surveyor must obtain approval from the Surveying Division of the General Land Office as to the method to be used to locate the natural (original) littoral boundary. The surveyor must submit a separate report to the Surveying Division of the General Land Office describing in detail the nature and source of the fill or buildup, and certifying that he or she has relocated the natural (original) littoral boundary in accordance with the methodology approved by the Surveying Division of the General Land Office. The surveyor must also submit a separate field note description and survey plat of the area of fill or buildup. (6) The surveyor must determine to the best of his or her knowledge whether or not any retaining walls or other structural modifications have been placed on or along the littoral boundary. Any such modifications identified by the surveyor shall be reflected on the survey plat. (c) In addition to the requirements of subsection (b) of this section, a coastal boundary survey conducted pursuant to Texas Natural Resources Code §33.136, relating to an erosion response activity must meet the following criteria: (1) The survey plat must briefly describe the nature of the erosion response activity. The description must reference a General Land Office file number for a General Land Office lease or other instrument authorizing the placement of a structure on coastal public land; a project number of an erosion response project conducted pursuant to Texas Natural Resources Code §33.603; or a General Land Office file number for a dune protection permit or beachfront construction certificate subject to the goals and policies of the Coastal Management Program under Texas Natural Resources Code §33.2053(i); (2) The survey plat must contain the statement required by Texas Natural Resources Code §33.136(b); (3) A preliminary version of the survey plat must be submitted to the Surveying Division of the General Land Office for review, prior to finalizing the survey report; and (4) Upon approval of the survey plat by the Surveying Division of the General Land Office, a final, signed and sealed survey plat must be filed in the county surveyor's office (or county clerk's office if there is no county surveyor) in the county in which the land is located, then submitted to the Surveying Division of the General Land Office for filing in the Archives and Records Division of the General Land Office. (d) A survey that does not include all information and certifications required under this section and Texas Natural Resources Code §33.136 shall be deemed administratively incomplete. The Surveying Division of the General Land Office shall inform the surveyor in writing of the information required to complete the survey. If the survey remains administratively incomplete and inactive ninety (90) days from the date such notification was sent to the surveyor, the General Land Office may return all submitted materials to the surveyor without approval. (e) Upon approval of a coastal boundary survey conducted pursuant to Texas Natural Resources Code §33.136, relating to an erosion response activity, the Surveying Division of the General Land Office shall inform the surveyor of the approval in writing. The General Land Office shall also provide notice of approval within 30 days after approval by: (1) publication in the Texas Register; and (2) publication for two consecutive weeks in a newspaper of general circulation in the county or counties in which the land depicted in the survey is located, provided that publications costs must be paid directly to the newspaper by the littoral property owner or his or her representative or the erosion response project sponsor, as applicable; and (3) filing a copy of the approval in Archives and Records Division of the General Land Office. (f) A coastal boundary survey conducted pursuant to this section is required for an erosion response activity that is subject to the goals and policies of the Coastal Management Program under Texas Natural Resources Code §33.2053(a) or (i)(3). For the purposes of this section, it is presumed that a dune restoration activity below the threshold listed in Texas Natural Resources Code §33.2053(i)(3) will not cause or contribute to shoreline alteration and therefore does not require a coastal boundary survey. Source Note: The provisions of this §7.2 adopted to be effective March 6, 2011, 36 TexReg 1337. 1 GENERAL LAND OFFICE 7 SURVEYING §7.2 Coastal Lands https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150918&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 150918 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150918&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 150918 03/11/2026 (a) Field note filing for a deed of acquittance for uplands:(1) Before corrected field notes of a survey can be approved for the issuance of deed of acquittance under the provisions of Texas Natural Resources Code §51.246, the surveyor must furnish satisfactory evidence to the Surveying Division of the General Land Office that he or she has located the patented boundaries of the survey.(2) The surveyor must submit a plat, corrected field notes, and a report to the Surveying Division of the General Land Office for filing in the Archives and Records Division of the General Land Office.(b) Field note filing for a deed of acquittance when the survey is crossed by a navigable stream:(1) If a resurvey reveals excess acreage, and it is determined that the survey crosses a navigable stream, then, under the provisions of Texas Civil Statutes, Article 5414a, commonly referred to as the "Small Bill", the owner is entitled to the acreage for which the survey is patented, even though a part or all of the stream bed may be included in this acreage. However, if more than the patented acreage lies outside of the stream bed, the state will hold title to all of the stream bed and the land owner may make application to purchase such excess not included in the stream bed.(2) Under the conditions outlined in paragraph (1) of this subsection, the surveyor must first locate the patented boundaries of the survey, then survey the gradient boundary of both banks of the navigable stream within the survey. The corrected field notes must follow the meanders of the stream excluding the stream bed from the survey.(3) The surveyor must submit a plat, corrected field notes, and a report to the Surveying Division of the General Land Office for filing in the Archives and Records Division of the General Land Office.(4) In surveys where the state retains only a part of the stream bed acreage, the state's part of the stream bed will be taken from the entire length of the stream bed, using the thread of the stream bed as the center of the state's acreage. Source Note: The provisions of this §7.3 adopted to be effective March 6, 2011, 36 TexReg 1337. 1 GENERAL LAND OFFICE 7 SURVEYING §7.3 Deeds of Acquittance https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150919&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 150919 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150919&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 150919 03/11/2026 Except for correcting a scrivener's error, corrected patents will not be issued unless the following conditions are satisfied:(1) Sufficient surveying must be performed on the ground in order to identify the original boundaries of the subject survey and the survey or surveys with which it conflicts.(2) The survey work must be done by or under the direct control and supervision of a licensed state land surveyor or the county surveyor of the county in which the land is located, and the surveyor shall certify:(A) that the survey is correct and in accordance with Texas Natural Resources Code §21.042; and(B) that the survey work was done by or under the surveyor's direct control and supervision.(3) The corrected field notes shall describe the area actually clear of conflict with any senior surveys.(4) The surveyor must submit a plat, corrected field notes and the surveyor's report with the Surveying Division of the General Land Office for filing in the Archives and Records Division of the General Land Office. Source Note: The provisions of this §7.4 adopted to be effective March 6, 2011, 36 TexReg 1337. 1 GENERAL LAND OFFICE 7 SURVEYING §7.4 Corrected Patents https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18576&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18576 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18576&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18576 03/11/2026 The order of dignity of calls in a survey is as follows:(1) Natural objects (rivers, etc.).(2) Artificial objects (marked trees, stone mounds, adjoinder calls, etc.).(3) Courses (bearings).(4) Distances.(5) Acreage. Source Note: The provisions of this §7.5 adopted to be effective January 1, 1976. 1 GENERAL LAND OFFICE 7 SURVEYING §7.5 Dignity of Calls https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150920&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 150920 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150920&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 150920 03/11/2026 (a) A surveyor must submit plats with:(1) all field notes furnished in connection with vacancy filings or with applications to purchase excess acreage;(2) with other field notes if the sketch does not appear on the face of the field notes; and(3) when multiple surveys are involved and it is necessary to file a report to explain the survey.(b) The plat must:(1) have a suitable heading and legend;(2) give the date(s) of the survey; and(3) show the surveyor's certificate with signature and with seal affixed.(c) All plats are to be the original and should be made in ink on mylar or the equivalent. A copy of the plat shall be filed in the county surveyor's records of each county affected, with the original being sent to the General Land Office bearing the required recording certificate showing the filing in the county records. In the event an affected county has no county surveyor, a copy of the survey shall be filed in the county clerk's records of that county. Source Note: The provisions of this §7.6 adopted to be effective March 6, 2011, 36 TexReg 1337. 1 GENERAL LAND OFFICE 7 SURVEYING §7.6 Surveyor's Plats https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150921&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 150921 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150921&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 150921 03/11/2026 (a) A written surveyor's report is required for all surveys made in connection with vacancy filings and for surveys made in connection with applications to purchase excess acreage.(b) The commissioner may also require surveyor's reports in connection with any survey to be filed in the General Land Office where it is considered necessary to clarify the surveyor's plat or field notes.(c) The surveyor's report must be written in such a manner so that the construction of the surveys covered in the report can be fully comprehended by any one familiar with the statutes and/or case law pertaining to the construction of surveys.(d) In general, the surveyor's report will consist of the following:(1) History of the surveys involved.(2) Explanation of the actual survey on the ground with descriptions of corners, marked lines, natural objects, etc., located in the survey. The description of corners should be related to the accompanying plat.(3) Analysis of the survey. The surveyor should explain his or her construction of the surveys on his or her plat, based upon the history of the area and his or her findings on the ground, applying the statutes and/or case law pertaining to surveying.(4) A summary.(5) The report shall be dated and signed, with the appropriate seal affixed. Source Note: The provisions of this §7.7 adopted to be effective March 6, 2011, 36 TexReg 1337. 1 GENERAL LAND OFFICE 7 SURVEYING §7.7 Surveyor's Reports, General https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=27220&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 27220 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=27220&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 27220 03/11/2026 (a) Definition. Working sketches are plats of original surveys showing the field notes that are on file in the General Land Office. The field notes are shown by platting course and distance and, by symbol and/or writing, showing the other calls in the field notes. Generally, unless otherwise requested, the working sketches are made by using the patented field notes or the deed of acquittance field notes.(b) Cost. The cost of preparing such sketches is based on an hourly rate as set by the legislature. Source Note: The provisions of this §7.8 adopted to be effective January 1, 1976. 1 GENERAL LAND OFFICE 7 SURVEYING §7.8 Working Sketches, General https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=122409&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 122409 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=122409&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 122409 03/11/2026 These rules shall govern the procedure for the review and approval of any contract for the acquisition of natural gas used in the production of energy by a state agency. For purposes of this chapter, state agency includes all of the entities described under Texas Government Code §2001.006. Source Note: The provisions of this §8.1 adopted to be effective September 30, 1992, 17 TexReg 6450; amended to be effective December 19, 2005, 30 TexReg 8439. 1 GENERAL LAND OFFICE 8 GAS MARKETING PROGRAM §8.1 Scope of Rules https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=122410&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 122410 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=122410&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 122410 03/11/2026 The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Comptroller--The Comptroller of Public Accounts.(2) Contract--Any new or existing contract, agreement, tariff, rate, or other arrangement for the acquisition, sale, supply, or transportation of natural gas.(A) New contract--(i) a contract that was not executed by all the necessary parties prior to September 1, 1991; or(ii) the renewal of an existing contract, whether or not affirmative action required for such renewal.(B) Existing contract--A contract that was executed by all the necessary parties prior to September 1, 1991.(3) General Land Office or GLO--The General Land Office, 1700 North Congress Avenue, Austin, Texas 78701-1495.(4) Mcf--Thousand cubic feet.(5) MMBtu equivalent--That volume of gas, measured in British thermal units, that is equivalent to one Mcf.(6) Production of energy--Includes, but is not limited to, the production of heat or electricity through the direct burning of natural gas or its use as fuel in generators or boilers.(7) State gas--Natural gas produced from land leased from:(A) the School Land Board;(B) a board for lease other than the Board for Lease of University Lands; or(C) the owner of the soil of lands subject to the Relinquishment Act of 1919 (Texas Natural Resources Code, §§52.171 - 52.190); or(D) other gas acquired by GLO for resale.(8) State gas price--The price offered or obtained by GLO in its sales contracts. Source Note: The provisions of this §8.2 adopted to be effective September 30, 1992, 17 TexReg 6450; amended to be effective December 19, 2005, 30 TexReg 8439. 1 GENERAL LAND OFFICE 8 GAS MARKETING PROGRAM §8.2 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=122411&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 122411 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=122411&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 122411 03/11/2026 All contracts and requests for proposal submitted for review should be submitted to; Director - State Energy Marketing Program, Texas General Land Office, Stephen F. Austin Building, 1700 North Congress Avenue, Austin, Texas, 78701-1495, Post Office Box 12873, Austin, Texas 78711-2873. All contracts submitted to GLO for review must show the approval of an executive officer and of the agency submitting the contract who has authority to enter into such contracts and the approval of the submitting agency's counsel. Source Note: The provisions of this §8.3 adopted to be effective September 30, 1992, 17 TexReg 6450; amended to be effective December 19, 2005, 30 TexReg 8439. 1 GENERAL LAND OFFICE 8 GAS MARKETING PROGRAM §8.3 Contract Submission Requirements https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=122412&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 122412 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=122412&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 122412 03/11/2026 GLO will review all new and existing contracts entered into by a state agency for the acquisition of an average volume of 100 Mcf (or the MMBtu equivalent thereof) or more per day of natural gas, calculated on an annual basis, to ensure that the agency is using natural gas produced from state lands for the production of energy to the greatest extent practical.(1) GLO will not approve a contract using non-state gas if it determines that it can provide gas at the same, or a lower price.(A) The cost of transporting state gas from the point of production to the agency's service address (or other mutually agreed point) shall be considered part of the cost of state gas.(B) The amortized cost of constructing a pipeline or installing other equipment in order to deliver state gas shall be part of the cost of gas.(C) Where applicable, the cost of dehydrating, compressing, processing, and/or treating shall be part of the cost of state gas.(D) Any applicable filing fees payable to federal regulatory agencies shall be part of the cost of state gas.(2) GLO will not approve a contract if it determines that the purchasing agency leases land for mineral development through a board for lease authorized by the Natural Resources Code, Chapter 34, and such agency is not using, to the greatest extent practical, resources produced from land owned by the agency to meet its energy requirements.(3) The final decision regarding the practicality of using gas provided by GLO to meet the agency's energy requirements will be with GLO. Source Note: The provisions of this §8.4 adopted to be effective September 30, 1992, 17 TexReg 6450; amended to be effective December 19, 2005, 30 TexReg 8439. 1 GENERAL LAND OFFICE 8 GAS MARKETING PROGRAM §8.4 Review Criteria for All Contracts https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18584&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18584 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18584&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18584 03/11/2026 (a) If GLO does not approve the contract, it will offer the agency a state gas contract on comparable terms.(b) If the agency declines GLO's contract it may make application for a waiver under §8.7 of this title (relating to Waivers for Contracts for the Acquisition of Non-State Gas).(c) If the agency either is not granted a waiver under §8.7 of this title (relating to Waivers for Contracts for the Acquisition of Non-State Gas), or fails to submit a contract for approval, GLO will monitor the price difference between the contract for which application for waiver was made and declined or between any unsubmitted contract and the state gas contract that was offered or could have been offered and report the potential savings, if any, as provided under §8.10 of this title (relating to Reporting Contract Savings). Source Note: The provisions of this §8.5 adopted to be effective September 30, 1992, 17 TexReg 6450. 1 GENERAL LAND OFFICE 8 GAS MARKETING PROGRAM §8.5 Unapproved Contracts; Requests for Waiver https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18586&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18586 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18586&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18586 03/11/2026 (a) Existing contracts with termination provisions.(1) If an agency is currently purchasing gas under an existing contract which makes provision for termination and GLO can provide the agency with state gas at a comparable or better price, GLO may offer the agency a state gas contract.(2) If the agency declines GLO's contract it may make application for a waiver under §8.7 of this title (relating to Waivers for Contracts for the Acquisition of Non-State Gas).(3) If the agency is not granted a waiver under §8.7 of this title (relating to Waivers for Contracts for the Acquisition of Non-State Gas), GLO will monitor the price difference and report the potential savings, if any, as provided under §8.10 of this title (relating to Reporting Contract Savings).(b) Existing contracts without termination provisions.(1) GLO shall issue a waiver under §8.7 of this title (relating to Waivers for Contracts for the Acquisition of Non-State Gas), with respect to existing contracts for which GLO could substitute a state gas contract to provide gas at a comparable or lower price and that do not have a provision for termination upon a showing by the agency that:(A) the contract does not contain a termination provision; and(B) the current provider will not agree to terminate the contract.(2) If the agency is unable to provide reasonable documentation of the conditions for waiver under this paragraph, the provisions of subsection (a) of this section will apply to the existing contract. Source Note: The provisions of this §8.6 adopted to be effective September 30, 1992, 17 TexReg 6450. 1 GENERAL LAND OFFICE 8 GAS MARKETING PROGRAM §8.6 Review of Existing Contracts https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=31070&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 31070 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=31070&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 31070 03/11/2026 (a) An agency requesting a waiver of approval for a contract for the purchase of non-state gas must make a written request to GLO for such waiver and provide the following information:(1) a letter from the agency requesting the waiver and stating the grounds justifying such waiver, including, without limitation, any ground for waiver set out in this chapter;(2) copies of the existing or proposed gas purchase agreement and any related transportation agreements;(3) in the case of a state agency desiring a contract to purchase natural gas on a month-to-month basis, a list of spot-prices for at least the immediate past six-month period;(4) additional price lists during September and February; and(5) any additional information required in the other sections of this chapter or other information requested by GLO.(b) Waivers may be obtained any time during the fiscal year (September 1 through August 31). Waivers shall be effective for a period of six months. However, a waiver obtained any time during the months of September through February automatically expires on the last day of February, and a waiver obtained any time during the months of March through August automatically expires on the last day of August. Waivers will not be extended.(c) Unless determined otherwise, GLO will grant approval upon written application of the agency under the following circumstances:(1) if GLO can provide state gas at the same or a lower price, but neither the agency nor GLO can arrange transportation at a price which, when added to the cost of state gas, is the same or less than the cost of gas and transportation under the proposed contract for non-state gas; or(2) if, in its sole determination, GLO does not have sufficient state gas available to meet the agency's needs. Source Note: The provisions of this §8.7 adopted to be effective September 30, 1992, 17 TexReg 6450. 1 GENERAL LAND OFFICE 8 GAS MARKETING PROGRAM §8.7 Waivers for Contracts for the Acquisition of Non-State Gas https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=122413&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 122413 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=122413&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 122413 03/11/2026 (a) Each agency will submit a gas usage data form to GLO by July 31 of each year.(b) Any state agency that does not have a current gas usage data form on file with GLO will complete one and file it with GLO on or before July 31 of each year. Source Note: The provisions of this §8.8 adopted to be effective September 30, 1992, 17 TexReg 6450; amended to be effective December 19, 2005, 30 TexReg 8439. 1 GENERAL LAND OFFICE 8 GAS MARKETING PROGRAM §8.8 Gas Usage Data Form https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18587&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18587 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18587&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18587 03/11/2026 (a) Any state agency making a request for proposals for the supply and/or transportation of natural gas, shall submit such request in writing to GLO for review and approval prior to its release or publication.(b) All such requests for proposal must state:(1) that the proposal is subject to:(A) the Act of July 30, 1991, 72nd Legislature, First Called Session, Chapter 3, 1991 Texas Session Law Service 4, 71 (to be codified at Texas Natural Resources Code, §31.401 and §31.402); and(B) review by GLO prior to acceptance or rejection; and(C) GLO evaluation based upon GLO's then current pricing mechanism;(2) that if GLO finds, under the proposal, the agency will not be using natural gas produced from state lands to the greatest extent practical, then the resulting contract will not be approved by GLO.(c) Any request for proposal that does not contain such provisions shall be deemed to contain such provisions.(d) No such proposal shall be effective until approved by GLO. Source Note: The provisions of this §8.9 adopted to be effective September 30, 1992, 17 TexReg 6450. 1 GENERAL LAND OFFICE 8 GAS MARKETING PROGRAM §8.9 Requests for Proposals https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18583&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18583 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18583&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18583 03/11/2026 (a) Each month, GLO will determine the savings achieved by calculating the difference between the price that would have been paid under the agency's previous non-state gas contract and the price paid under the state gas contract.(b) Each month, GLO will report all savings achieved to the comptroller and to the state agencies receiving state-owned gas. Source Note: The provisions of this §8.10 adopted to be effective September 30, 1992, 17 TexReg 6450. 1 GENERAL LAND OFFICE 8 GAS MARKETING PROGRAM §8.10 Reporting Contract Savings https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=120107&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 120107 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=120107&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 120107 03/11/2026 The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Assignment--A transfer of an interest in an oil and gas lease.(2) Commissioner--Commissioner of the General Land Office.(3) Counterparts--Instruments executed by different parties and recorded as separate instruments or fully executed instruments recorded in different counties.(4) Exploration--Geological, geophysical, geochemical, and other surveys and investigations conducted for the purposes of discovering and locating oil and gas.(5) Forfeiture--The cancellation or dissolution of an oil and gas lease by the commissioner when lessee fails to satisfy or breaches certain lease provisions, statutes or rules.(6) Free royalty lands--Lands sold by the state in which the state reserved a free royalty interest but did not retain any leasing or executive rights. (See, e.g., Texas Natural Resources Code, §51.054).(7) GLO--General Land Office.(8) GLO Lease Number--Synonymous with mineral file number.(9) Lessee--The initial holder of the leasehold interest or a successor, assignee, devisee, heir, or any other person who acquires that interest or any portion thereof.(10) Mineral file number--The identification assigned by the GLO to the GLO jacket in which lease records are kept.(11) Oil and gas--Crude oil, crude petroleum oil, crude petroleum, natural gas, and associated hydrocarbons, including, without limitation, casinghead gas, condensate, distillate, and liquids extracted from natural gas.(12) Operator--A person that explores for, develops, or produces oil and gas from a particular lease, field, or area; also any employee, agent, servant, contractor, subcontractor, trustee, or receiver of an operator, or any other agent in control of any or all of the leasehold interest.(13) Person--Any individual, partnership, corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, association, or other legal entity.(14) Premises--Any state property subject to an oil and gas lease.(15) PSF--Permanent School Fund.(16) Release--A statement by a lessee indicating that all or part of an oil and gas lease has terminated or expired or has been surrendered or forfeited.(17) Relinquishment Act lands--Any public free school or asylum lands, whether surveyed or unsurveyed, sold with a mineral classification or reservation between September 1, 1895, and May 29, 1931, encompassing any other lands, including vacancy lands, patented with all minerals reserved to the state and expressly made subject to the leasing terms and procedures governing Relinquishment Act lands.(18) Relinquishment Act leases--Leases issued under Texas Natural Resources Code, Chapter 52, Subchapter F, and §9.22(2) and (3) of this title, (relating to Leasing Procedures).(19) RRC--Texas Railroad Commission.(20) SLB--School Land Board.(21) Submerged lands--Islands, salt water lakes, bays, inlets, marshes, and reefs within tidewater limits and that portion of the Gulf of Mexico within the jurisdiction of the State of Texas.(22) Surface owner--Owner of the soil under the Relinquishment Act that acts as the state's agent in leasing Relinquishment Act property.(23) TDCJ--Texas Department of Criminal Justice.(24) Termination--The automatic, nondiscretionary expiration of all or part of an oil and gas lease under its own terms.(25) TPWD--Texas Parks and Wildlife Department Source Note: The provisions of this §9.1 adopted to be effective January 7, 1999, 24 TexReg 146. 1 GENERAL LAND OFFICE 9 EXPLORATION AND LEASING OF STATE OIL AND GAS A GENERAL PROVISIONS §9.1 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=120106&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 120106 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=120106&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 120106 03/11/2026 (a) Scope of this chapter. Unless expressly limited or expanded elsewhere in this chapter, this chapter shall apply to all lands specified in §9.21(1) - (5) of this title, (relating to Leasing Guide). Those lands specified in §9.21(6) are governed by the statutes and rules referenced in that paragraph of §9.21.(b) Other applicable rules and statutes. Operations on state lands are subject to all applicable state and federal laws and regulations. The provisions of this chapter do not alter, amend, or replace such state and federal laws and regulations, and compliance with the requirements of this chapter does not relieve the operator of the duty to comply with such laws and regulations. The requirements of this chapter are in addition to the requirements of any other applicable state or federal law or regulation.(c) Existing Contracts. These rules shall not be construed to unlawfully impair any existing contract.(d) Compliance. Lessee shall comply with the provisions of its lease, applicable statutes and this chapter. Nothing in this chapter shall be construed as relieving a lessee of these duties or as impairing any remedies available to the state, including forfeiture of a lease. If a lessee, operator or any party acting on lessee's behalf fails to comply with the lease, applicable statutes or this chapter, the state may seek any remedy allowed by law, including forfeiture of the lease. Lessee shall be liable for the damages caused by such failure and any costs and expenses incurred while enforcing this chapter and cleaning areas affected by any pollution or discharged waste. A lessee is responsible and liable for the actions or omissions of its operator and its employees, agents, servants, contractors, subcontractors, trustees, receivers, any other agent in control of any or all of the leasehold interest and any other party acting on lessee's behalf.(e) Exceptions to this chapter. The commissioner may, if authorized by law and upon proper written request, grant exceptions to the provisions of this chapter if the commissioner deems the exceptions to be in the best interest of the state. No such exception shall be effective until a written request by the lessee and a written explanation, signed by the commissioner, is placed in the appropriate mineral file or other GLO file.(f) Partial termination. Nothing in this chapter can limit the automatic termination of specified acreage and/or depths under a retained acreage clause (as defined in §9.31(b) of this title, relating to Definitions Applicable to this Subchapter) if a lease contains this kind of clause.(g) Consistency with Coastal Management Program. 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 GLO or SLB 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 can not be harmonized with certain provisions of Chapter 16, such conflicting provisions of Chapter 16 will control. Source Note: The provisions of this §9.2 adopted to be effective January 7, 1999, 24 TexReg 146. 1 GENERAL LAND OFFICE 9 EXPLORATION AND LEASING OF STATE OIL AND GAS A GENERAL PROVISIONS §9.2 Scope and Applicability https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=141623&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 141623 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=141623&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 141623 03/11/2026 (a) General rule of application. The rules in this section shall apply to lands described in §9.21(1)(2)(3)(a) and (4) of this title (relating to Leasing Guide).(b) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.(1) Applicant. A person seeking a permit under this section.(2) Geochemical exploration. A survey or investigation conducted to discover or locate oil and gas prospects by means of soil sampling, analysis, or other accepted techniques.(3) Geophysical exploration. A survey or investigation conducted to discover or locate oil and gas prospects using magnetic, gravity, seismic, and/or electric techniques.(4) High velocity energy source. Energy sources which generate a sharp-peaked energy pulse including, but not limited to, dynamite, pentalite, seismogel, and ammonium nitrate.(5) Low velocity energy source. Energy sources that generate a bell shaped energy pulse including, but not limited to, pneumatic, acoustic, and vibrating devices.(6) Oyster lease. An area leased from the state for the production of oysters and marked according to the requirements of TPWD.(7) Oyster reef. Natural or artificial formations located in intertidal or subtidal areas that are composed of oyster shell, live oysters, and other organisms that are discrete, contiguous, and clearly distinguishable from scattered oyster shells, live oysters, and other organisms.(8) Permit. License issued by the commissioner authorizing geophysical and/or geochemical exploration on public school land.(9) Permittee. The holder of a permit, who shall be the person responsible for conducting geophysical or geochemical exploration.(10) Recreational beaches. Any shoreline frequently utilized by the general public for recreational activities.(11) Resource management codes. Abbreviations for recommended environmental guidelines adopted by state and federal resource agencies and applicable to state-owned tracts.(12) Shot. Any action resulting in the generation of an energy pulse from which geophysical data is obtained, including both high and low velocity energy sources.(13) Shrimping fleet. A group of five or more boats trawling for shrimp in an area not more than one mile in diameter.(14) Structure. Any man-made improvement placed on or affixed to state-owned lands.(c) Permit applications and procedures.(1) Geophysical or geochemical exploration for mineral resources may not be conducted on unleased state-owned uplands or on unleased state-owned submerged lands without a permit issued by the commissioner.(2) Permits are issued at the discretion of the commissioner. The commissioner's decision shall be based upon a consideration of the following factors (no one factor alone shall be determinative):(A) the date of receipt by the GLO of an applicant's completed application;(B) applicant's past record of compliance with permit conditions and all other applicable statutes and regulations;(C) frequency of seismic exploration in the area to be surveyed;(D) impact on natural resources;(E) scope and nature of applicant's and contractor's proposed operations;(F) number of permits currently held by the applicant as well as number of currently pending applications filed by the applicant;(G) consideration of any comments on the permit application made by the following state and federal resource agencies: Texas Parks and Wildlife Department, United States Fish & Wildlife Service, National Marine Fisheries Service, United States Army Corps of Engineers, Texas Historical Commission, and any other appropriate entities;(H) any other factors relevant to a particular application.(3) Geophysical exploration on bay tracts, as depicted on maps on file at the GLO, shall occur only once every three years, unless this provision is waived in writing by the commissioner.(4) A permit application shall be made upon forms furnished by GLO, and shall include:(A) the names, addresses, phone numbers, and taxpayer ID numbers of the applicant. If an applicant is a corporation, it shall include the names of the corporate representatives authorized to execute legal documents;(B) maps showing the location of shot lines in relation to state lease tracts, including x and y coordinates of the beginning and end points of each line as designated by the Texas Coordinate System, the Texas Natural Resources Code, §21.071, (for submerged lands only);(C) any resource management code information available regarding the tracts on which the exploration activity will be conducted; and(D) a complete description of the number and spacing of shots, shot lines, and recording devices, the size of charge per shot, and a description of the energy source to be used during exploration activities.(5) A complete application must be received by the GLO at least 20 business days for submerged lands and at least 10 business days for uplands before proposed commencement of operations. The application-processing period may extend beyond this time period. No operations, including any surveying of the area, may begin until the applicant receives approval from the GLO and is assigned a permit number(6) The application shall be accompanied by the application fee. All other appropriate fees, as specified in §3.31 of this title (relating to Fees), are due and shall be paid to the GLO prior to the permit's issuance.(7) Permits are issued subject to any lease or rights granted to a surface or mineral lessee on tracts to be explored.(8) Prior to the issuance of a permit, applicant may be required to submit additional information.(d) Insurance. Prior to the issuance of a permit, applicant shall file with the GLO, on behalf of themselves as well as for any persons or organizations operating under a permit, proof of current liability insurance, in an amount to be not less than one million dollars, from a company approved by the Texas Board of Insurance or alternatively such other evidence as may reasonably be required by the GLO to establish the applicant's financial ability to self-insure against potential liability.(e) Geophysical or geochemical operational guidelines.(1) The following provisions shall apply to all geophysical or geochemical operations conducted on state-owned lands.(A) Permits shall be granted for a minimum of three days and a maximum of 90 days. A permit may be extended for multiple periods of 30 days at the discretion of the commissioner and upon payment of an additional application fee.(B) Failure to comply with any conditions included in the permit which pertain to GLO or any other state or federal regulatory agency shall be considered a violation as specified in subsection (h) of this section.(C) The GLO will assign a permit number and give written notice of its issuance to the permittee. The permittee shall give verbal notice to the GLO prior to commencement of operations.(D) Permits shall not be transferred or assigned without the written consent of the commissioner.(E) Geophysical crews operating on state-owned lands shall have the following items in their possession and available for inspection at the permittee's field office by the commissioner or a designated representative, upon request:(i) a copy of the seismic permit, including any conditions, and the authorized permit number;(ii) a copy of GLO rules governing geophysical and geochemical exploration;(iii) detailed maps showing the approved shot lines and shot points covered by the permit; and(iv) a copy of the resource management codes and definitions as provided by the GLO for those tracts on which operations will be conducted (applicable to submerged lands only).(F) No high velocity energy sources in excess of 20 pounds may be used on state lands without the written permission of the commissioner. Applicants wishing to utilize shots in excess of these limitations shall submit written documentation to the commissioner explaining the necessity for the size shot proposed, the number of shots to be utilized, the location of all shot holes, the depth of the charge, the time interval that will pass between placement of the charge and the actual detonation of the charge, the proposed date that operations will commence, and the expected operations period. After evaluation, the request will be approved or denied, at the commissioner's discretion.(G) With the exception of low velocity energy sources used in the Gulf of Mexico, no shots shall be discharged other than in daylight hours except by written permission of the commissioner.(H) No shots shall be detonated within three miles of a recreational beach between May 1st and September 10th.(I) Pollution, and other impacts to natural resources shall be governed by these guidelines:(i) All geophysical and geochemical exploration shall be conducted in compliance with all applicable state and federal statutes and regulations relating to pollution of land and water;(ii) Any physical modification of the surface including, but not limited to, mounding, cratering, or vehicle tracks shall be remedied upon completion of the work, or sooner, if the commissioner determines that immediate restoration is practical and is necessary to minimize impacts to natural resources. Such surface restoration shall be coordinated with and approved by GLO;(iii) Persons using wheeled or tracked vehicles on state-owned lands shall use reasonable efforts to avoid impact to the area;(iv) No person operating a vessel, vehicle, or equipment operating under permit shall discharge solid waste or garbage into state waters or state-owned lands. Solid waste includes, but is not limited to, nonbiodegradable containers, rubbish, or refuse. A sign, with letters no smaller than one inch in height, shall be displayed in a high traffic area of any vessel or equipment operating in state waters under permit, stating, "Discharge of any solid waste or garbage into state waters is strictly prohibited and may result in revocation of the state permit authorizing exploration operations".(v) The GLO will ensure compliance with this subsection through permit conditions designed to: avoid adverse impacts to natural resources, minimize unavoidable impacts, and to compensate for those significant and adverse impacts that may occur during the permitted activity.(J) Prior to conducting any operations, permittees shall coordinate with the appropriate regulatory agencies regarding any operations that could potentially impact state or federally protected species.(K) No geophysical surveying or shooting shall be performed within 1,000 feet of a known bird rookery island, as depicted on maps maintained by GLO, between February 15th and September 1st.(L) Any person conducting geophysical or geochemical activities under this section must immediately advise the commissioner of the following, which presently exist or can reasonably be anticipated:(i) the location and type of any dangerous condition which may constitute a threat to human health or safety, if such condition is the result of the geochemical or geological activities; or(ii) activities or situations, caused by permittee's activities which may adversely affect the environment, aquatic life or wildlife, cultural resources, or other uses of the area in which the exploration activity is conducted.(M) Any pollution, fish or wildlife kill, or loss of property shall be immediately reported to the commissioner.(N) In accordance with Texas Parks and Wildlife Code, §12.301, a permittee or contractor is liable to the state for the value of fish or wildlife taken, killed, or inured by work under a permit.(O) The commissioner may require biological monitors during geophysical or geochemical exploration.(2) In addition to the provisions of paragraph (1) of this subsection, the following provisions shall apply to geophysical operations conducted on submerged lands.(A) Each person applying to perform geophysical exploration on state-owned submerged lands shall file with the GLO a unique symbol, number, or series of characters which will be used to identify all equipment and materials used in the geophysical and/or geochemical exploration.(B) All equipment used in connection with geophysical survey work which is placed on submerged lands shall be:(i) distinctly marked with permittee's unique symbol, number, or series of characters clearly identifying the company performing the geophysical operations;(ii) in compliance with rules governing size, design, lighting, flagging, and marking, as promulgated by the United States Coast Guard and the United States Army Corps of Engineers, and;(iii) removed immediately upon completion of geophysical work.(C) Staging areas must be approved by the GLO, and shall not be established in vegetated areas of tidal sand or mud flats, submerged aquatic vegetation, or coastal wetlands, as those terms are defined in §16.1 of this title (relating to Definitions and Scope), or vegetated dune areas.(D) No high velocity energy source shall be detonated within one-half mile of a shrimping fleet operating in good faith in the area.(E) Shot holes shall be at least 120 feet below the mudline on submerged lands, unless otherwise authorized in writing by the commissioner.(F) Suspended high velocity energy sources shall not be used without express written authorization from the commissioner. Requests for the use of such explosives shall be in writing, giving the size of charges to be used, the depth at which they are to be detonated, and the specific precautionary methods proposed for the protection of fish, oysters, shrimp, other aquatic life, wildlife, or other natural resources. After evaluation, the request will be approved or denied, at the commissioner's discretion.(G) Air boats may be required, at the discretion of the GLO, for operations in waters less than three feet deep as measured from mean low water.(H) No low velocity energy shot shall be discharged within 500 feet and no high velocity energy shot shall be discharged within 1,000 feet of any boat operating in good faith and not involved in the permitted operations.(I) No high velocity energy source shall be discharged within 500 feet of any oyster reef, marked oyster lease, marked artificial reef, or marked red snapper bank, or within 500 feet of any dredged channel, dock, pier, causeway, or other structure. Assistance in locating oyster reefs and leases is available from TPWD.(J) Buried shots shall not be left overnight in water less than four feet deep as measured at low tide, or within 1,500 feet of any shoreline unless the shots are properly buried and anchored, all wires are properly shunted to prevent accidental discharge, and all shot holes are properly marked and lighted.(K) No shot in excess of 20 pounds shall be discharged within one mile of any pass, jetty, mouth of a river, or other entrance to the Gulf of Mexico from inland waters.(L) A permittee's representative shall be present on the recording vessel whenever the operator is discharging a high velocity energy source.(3) In addition to the provisions of paragraph (1) of this subsection, the following provisions shall apply to geophysical operations conducted on state-owned uplands.(A) A surface lessee shall be notified prior to any entry by permittee onto permitted land, and shall be notified upon permittee's departure.(B) Permittee shall be held liable for any damages to livestock on state-owned lands caused by geophysical or geochemical exploration.(C) Permittee may not negotiate with the surface lessee regarding payment of surface damages. The permittee shall be liable to the state for any damages caused by geophysical or geochemical exploration.(D) Fences shall not be damaged or permanently removed. Any fence which is disturbed to permit passage shall be replaced and restored to its pre-existing condition. All gates shall remain closed and locked when not in use.(E) Permittee may not use stock tank water located on the tract, except as directed by GLO or in case of emergencies.(F) In areas where geophysical operations have adversely affected the terrain so as to allow or exacerbate erosion, a permittee or contractor shall construct terraces and restore vegetation, as directed by guidelines and instructions provided by GLO.(f) Inspection. All operations shall be subject to inspection by the commissioner or the commissioner's representatives at any time. Upon reasonable notice, the permittee shall furnish the commissioner or the commissioner's representatives with transportation over submerged lands from the normal staging site to and from the operations site, along with any meals and living quarters necessary while the inspection is being conducted. If TPWD assigns a representative to the exploration party, the representative shall be furnished with similar accommodations.(g) Reporting after expiration of permit. Within 30 days of the expiration date of the permit, the permittee shall file with the commissioner an affidavit prescribed by the GLO, summarizing activities conducted under the permit, which:(1) identifies each tract worked each day during which exploration operations were conducted, including surveying of the area;(2) provides maps showing any deviation in shot line or shot point location from the maps which were submitted with the permit application.(h) Violations.(1) A permittee that violates or fails to comply with any provision of the Texas Natural Resources Code, this chapter, or their permit, is subject to immediate revocation of the permit and may be prohibited from further exploration on state-owned lands, except upon such additional terms, conditions, and safeguards as the commissioner may expressly stipulate. Permittees and any and all parties conducting operations under a permit will be liable for any costs incurred from any damage resulting from a violation of that permit, as well as for any applicable fines.(2) Upon discovery of any violations, the commissioner or a designated representative may order temporary discontinuance of seismic operations until completely reviewed by the commissioner.(i) Other records. At any time or from time to time GLO may require any additional records relating to any aspect of exploration operations, excluding interpretive data. These records shall be maintained by the permittee for a minimum period of five years.(j) General limitations. These rules shall not be construed to enlarge or restrict the rights of any owner of a state mineral or surface lease. Source Note: The provisions of this §9.11 adopted to be effective January 10, 1999, 24 TexReg 154; amended to be effective August 9, 2009, 34 TexReg 5379. 1 GENERAL LAND OFFICE 9 EXPLORATION AND LEASING OF STATE OIL AND GAS B ISSUING EXPLORATION PERMITS AND OIL AND GAS LEASES §9.11 Geophysical and Geochemical Exploration Permits https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=62888&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 62888 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=62888&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 62888 03/11/2026 For exploration and development of minerals other than oil and gas, see Chapter 10 of this title, (relating to Exploration and Development of State Minerals Other than Oil and Gas).Oil and gas underlying state lands are leased in the following ways, depending on the type of land.(1) PSF uplands, submerged lands, riverbeds and channels. PSF uplands submerged lands, riverbeds and channels are leased by the SLB under sealed bid procedures. For SLB sealed bid procedures see Texas Natural Resources Code, Chapter 32, Subchapters D and E, Chapter 52, Subchapter B, §9.22(1) of this title, (relating to Leasing Procedures), and Chapter 151 of this title, (relating to General Rules of Practice and Procedure). For only riverbeds and channels, also see Texas Natural Resources Code, Chapter 52, Subchapter C.(2) PSF oil and gas interests owned with associated mineral leasing rights. Generally, whenever the PSF owns mineral interests coupled with leasing rights, oil and gas leases are issued by the SLB under the sealed bid procedures of paragraph (1) of this subsection. (For examples of these types of PSF mineral interests, see Texas Natural Resources Code, §51.054(a), §32.061 (see especially historical legislative note), §33.001(g), or §51.052(h).)(3) PSF oil and gas interests owned without associated mineral leasing rights.(A) Relinquishment Act lands. Leases are generally negotiated by surface owners as agents for the state. See Texas Natural Resources Code, Chapter 52, Subchapter F, and §9.22(2), and §9.22(3). Note: Relinquishment Act lands owned by a department, board, or agency of the state, including TDCJ land, TPWD land, and highway rights-of-way land, are leased under the sealed bid procedures of paragraph (1) of this subsection. See Texas Natural Resources Code, §32.002(d) and §34.002(b).(B) Free royalty lands. Leases are issued by the executive right holders as the state's agents. See §9.22(4).(4) Certain state agency lands. Lands owned by the state or held in trust for the use and benefit of the state or a department, board, or agency of the state, except TPWD, TDCJ, University of Texas System, A&M University System, or Relinquishment Act lands, are leased by the SLB under the sealed bid procedures of paragraph (1) of this subsection. See Texas Natural Resources Code, §§32.001(4)(D), 32.002 (a)(1), (2), (6), and (7), and 32.002(d).(5) Texas Highway Department rights-of-way. Land owned by the state to construct or maintain a highway, road, street, or alley, except those subject to the Relinquishment Act, are leased through a preferential leasing system administered by the SLB. See Texas Natural Resources Code, §32.002(a)(4) and (5), §32.002(b), (c), and (d), Chapter 32, Subchapter F, and §9.22(5).(6) TDCJ and TPWD lands, except for Relinquishment Act lands. Leases are issued by the appropriate board for lease through sealed bid procedures. See Texas Natural Resources Code, Chapter 34, and Chapter 201 of this title, (relating to Operations of the Texas Parks and Wildlife Department and Texas Department of Criminal Justice Boards for Lease). Source Note: The provisions of this §9.21 adopted to be effective January 7, 1999, 24 TexReg 146. 1 GENERAL LAND OFFICE 9 EXPLORATION AND LEASING OF STATE OIL AND GAS B ISSUING EXPLORATION PERMITS AND OIL AND GAS LEASES §9.21 Leasing Guide https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=141624&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 141624 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=141624&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 141624 03/11/2026 State property will be leased for the exploration and development of oil and gas under these procedures.(1) Sealed bid leasing by the SLB.(A) Lands affected. See §9.21 of this title, (relating to Leasing Guide) to determine which lands are leased by sealed bid. Generally, this includes all lands owned in fee by either the PSF or state agencies, except TPWD or TDCJ lands, and certain other lands in which the PSF owns a mineral interest.(B) Nominations, advertising, and awarding leases. The SLB, GLO staff, or persons interested in leasing a specific tract may nominate a tract for lease. Nominated tracts will be evaluated by GLO geologists. The SLB will set the terms and conditions upon which tracts will be offered for lease. These terms will be advertised and bids taken. The SLB shall accept the best bid meeting the minimum requirements set by the SLB or by law, or, reject all bids. See Chapter 151 of this title, (relating to Operations of the School Land Board) for more details on the leasing procedure.(2) Leasing of Relinquishment Act lands by surface owner as the state's agent.(A) Lands affected. The leasing procedures as set out in this paragraph apply only to the leasing of Relinquishment Act lands.(B) Identity of the state's agent. The surface owner of Relinquishment Act land acts as the state's leasing agent. A minor or a person of unsound mind, as these terms are defined in the Texas Probate Code, cannot act as the state's agent. However, a person authorized by law to act on such a person's behalf may do so. An agent of the surface owner, including an attorney-in-fact, cannot execute a Relinquishment Act lease, unless a power of attorney expressly authorizes the attorney-in-fact to execute Relinquishment Act leases. Said power of attorney shall be submitted to the GLO concurrently with the lease. Both the surface owner and attorney-in-fact shall owe the state the full fiduciary duty discussed in paragraph (2)(C) of this subsection, and as otherwise provided by law. If the surface owner is a corporation, a Relinquishment Act lease may be executed by any duly authorized officer or agent of the corporation.(C) Authority and fiduciary duty of agent.(i) Authority. The surface owner is authorized to execute oil and gas leases on behalf of the state, unless a surface owner's agency rights have been forfeited or waived. The surface owner may not enter into a seismic option or any other contract to execute a Relinquishment Act lease. As the state's agent, a surface owner owes the state a fiduciary duty and the duty of utmost good faith. A surface owner must fully disclose to the commissioner any facts affecting the state's interest and must act in the best interest of the state. Any conflict of interest must be resolved by putting the interests of the state before the interests of the surface owner. In addition to these duties, the surface owner owes the state all the common law duties of a holder of executive rights.(ii) Consequences of a breach of the surface owner's fiduciary duty or a violation of the prohibition against self-dealing. When a surface owner engages in self-dealing by acquiring an assignment in a lease executed by that surface owner, such lease is void as of the time of assignment and the commissioner may forfeit the surface owner's agency rights. When a surface owner breaches any duty or obligation owed to the state, the commissioner may request that the attorney general file suit. A suit to enforce the surface owner's duties and obligations or to forfeit the surface owner's agency rights shall be filed in a district court in Travis County. See Texas Natural Resources Code, §52.188 and §52.189.(iii) Penalty assessment for breach of the surface owner's fiduciary duty. A penalty of 10% shall be imposed on any sums due the state because a surface owner breaches a fiduciary duty. The imposition of this penalty does not limit the right of the state to obtain punitive damages, exemplary damages, or interest. Any punitive damages or exemplary damages assessed by a court shall be offset by the 10% penalty imposed by this paragraph.(D) Prohibition against self-dealing. A surface owner as the state's agent may not engage in self-dealing either directly or indirectly. Except as provided in Texas Natural Resources Code, §52.188(a)(b) and (d) and §52.189(a)(3)(4), a surface owner will be considered to have engaged in self-dealing if the surface owner, either directly or indirectly, leases or assigns a lease executed by that surface owner to themselves or to any of the following persons:(i) a nominee;(ii) any corporation or subsidiary in which the surface owner is a principal stockholder or an employee of such a corporation or subsidiary;(iii) a partnership in which the surface owner is a partner or an employee of such a partnership;(iv) if the surface owner is a corporation or a partnership, a principal stockholder of the corporation or a partner of the partnership, or any employee of the corporation or partnership;(v) a fiduciary representing the surface owner, including, but not limited to, a guardian, trustee, executor, administrator, receiver, or conservator; or(vi) a person related to the surface owner within and including the second degree of consanguinity or affinity, including a person related by adoption, or;(I) to a corporation or subsidiary in which that related person is a principal stockholder, or;(II) to a partnership in which that related person is a partner, or;(III) to an employee of such a corporation or subsidiary or partnership.(E) Lease negotiation procedure.(i) Subject to the limitations against self-dealing, the surface owner is authorized to act as the state's leasing agent with any person desiring to develop or explore for the oil and gas.(ii) The lease shall be on the GLO lease form in use on the date of execution. This form will be prepared and furnished by the GLO.(iii) All of the negotiated terms must be included in the lease instrument. No lease term or provision may be included in a collateral contract or agreement.(iv) The proposed lease shall be submitted to the GLO for approval prior to recording the lease in the county records. The proposed lease shall be accompanied by the processing fee required by §3.31 of this title, (relating to Fees).(F) State approval and filing of lease.(i) Any additions, modifications, deletions, or changes to the GLO lease form must be approved by the commissioner.(ii) A lease must adequately reflect the actual consideration paid or promised for the lease. The state and the surface owner must share equally in all consideration paid under the lease. However, the surface owner may waive or defer his or her share of the bonus. At any time after preapproval and before filing with the GLO, the adequacy of the consideration may be reassessed by the commissioner.(iii) The commissioner may reject and refuse to file any lease deemed contrary to the best interests of the state. If the commissioner rejects a lease that has been recorded prior to submission to the commissioner, a release of the lease must be filed in the appropriate county or counties and a certified copy sent to the GLO.(iv) If the commissioner rejects a proposed lease, the prospective lessee will be notified of the reasons for the rejection and any changes, deletions, or additions which would render the lease acceptable. The prospective lessee may request reconsideration of a rejection. This request shall be made to the commissioner.(v) A Relinquishment Act lease may not provide for a primary term of more than five years.(vi) A Relinquishment Act lease may not encompass more than four full sections or 2,560 acres. A "mother hubbard" or "coverall" clause in the lease is not acceptable.(vii) Private land and Relinquishment Act land may not be included in the same lease.(viii) A lease may encompass several smaller tracts if they are contiguous or within 1/2 mile of each other.(ix) A Relinquishment Act lease must provide the state with a royalty of at least 1/16th and a delay rental during the primary term of at least $.10 per acre per year to the state, or, on paid up leases, a paid up payment of at least $.10 per acre per year in the primary term.(x) When a proposed lease covering an undivided interest in Relinquishment Act land is submitted for approval, the person submitting the lease shall inform the GLO of all remaining undivided interest owners of that land. See also Texas Natural Resources Code, §52.190(k) and (l).(xi) Upon approval, the lease shall be recorded in each county in which the land is located. Leases are not effective until approved by the commissioner, and until a certified copy of the lease, from each county in which it is recorded, has been filed with the GLO. Such filing and approval of leases shall not limit, waive, or affect any lawful claim or remedy available to the state. After a lease is properly filed, the term of the lease shall be treated as beginning on the effective date stated in the lease.(xii) The state's share of the bonus payment and the filing fee prescribed by §3.31 of this title, (relating to Fees) shall be submitted along with the certified copy or copies of the lease.(3) State as sole lessor of Relinquishment Act lands.(A) Leasing procedure when surface owner's rights (including the right to receive any part of the bonus, royalty and other consideration relating to the lease) have been waived. A surface owner may lease Relinquishment Act land from the state by complying with Texas Natural Resources Code, §52.190, and any other relevant laws or regulations.(B) Leasing procedure when surface owner cannot be located. If a potential lessee cannot locate a surface owner, the procedures set out in Texas Natural Resources Code, §52.186, shall be followed. The land will then be leased by sealed bid as provided in paragraph (1) of this subsection. The state will receive all the consideration paid under such a lease except as provided in Texas Natural Resources Code, §52.186(b)(4), which concerns certain rights available to surface owners (and to owner's of an undivided interest therein) who appear within two years after a lease has been executed on their land and who are able to satisfy the conditions of the statute.(C) Leasing procedure when surface owner's agency rights are forfeited.(i) When a surface owner's agency rights have been forfeited, the land shall be subject to lease by sealed bid as provided in paragraph (1) of this subsection. The surface owner shall not be entitled to share in the proceeds of such lease. Upon expiration or termination of such lease, the surface owner's agency rights will be ipso facto reinstated.(ii) If no lease is executed within one year of forfeiture, the surface owner's agency rights may be reinstated at the commissioner's discretion.(4) Leasing the state's free royalty interests.(A) Lands affected. These leasing procedures apply to free royalty lands.(B) Leasing by executive right holder on behalf of the state. The holder of the executive or leasing rights on free royalty land shall act as the state's agent in executing oil and gas leases covering the state's free royalty interest. In executing this lease, the executive right holder owes the state a duty of good faith and any other common-law duties which an executive right holder owes to a nonexecutive mineral interest owner. A free royalty interest bears no costs of production, including the costs of sale, treatment, transportation, gathering, compression, or delivery.(C) Filing with the GLO. Leases covering the state's free royalty interest are not effective until a certified copy is filed with the GLO.(5) Leasing of highway rights-of-way by the SLB.(A) Definitions. As used in this paragraph, the terms "adjacent mineral owner", "highway right-of-way" and "tract", have the following meanings unless the context clearly indicates otherwise.(i) Adjacent mineral owner: a person that owns the right to explore for, develop, and produce oil and gas from a tract of land adjoining a highway right-of-way.(ii) Highway right-of-way: a tract of land owned by the state that was or may be acquired to construct or maintain a highway, road, street, alley, or other right-of-way.(iii) tract: a highway right-of-way subject to lease under this paragraph.(B) Lands affected.(i) A tract may be leased if the state owns the minerals under it and if the tract is not within 2,500 feet of a well which was capable of producing oil or gas in paying quantities as of January 1, 1985. A tract may also be leased if the state owns the minerals under it and if the oil or gas is leased to facilitate the drilling of a horizontal well.(ii) In its discretion, the SLB may establish the size and the outer boundaries of each tract to be leased; however, the lease extends only to the center of the width of the particular highway right-of-way adjacent to the property in which the lessee is the mineral owner.(iii) The SLB may refuse to lease a particular tract, either on its own or upon the request of the highway department.(iv) Tracts subject to the Relinquishment Act shall be leased by sealed bid under paragraph (1) of this subsection.(C) Preliminary leasing procedures.(i) The SLB may initiate the leasing of tracts by providing notice to adjacent mineral owners in accordance with paragraph (6)(C)(iv) of this subsection.(ii) Any outside party, including the adjacent mineral owner, may apply to lease a tract by sending the following materials to the GLO:(I) a written description of the tract sufficient for it to be located on the ground and a map showing the tract's boundaries and dimensions;(II) the names and addresses of all adjacent mineral owners, as reflected in the tax assessor-collector's records and county clerk's records in the county or counties where the tract is located;(III) an affidavit stating either that there was no well capable of producing oil or gas in paying quantities within 2,500 feet of the tract as of January 1, 1985, or that the lease is necessary to facilitate the drilling of a horizontal well; and(IV) the processing fee required by §3.31 of this title, (relating to Fees).(iii) An applicant who is also an adjacent mineral owner must also submit the following:(I) a written waiver of the notice to which the applicant as an adjacent mineral owner is entitled; and(II) if the applicant is a lessee of the adjacent tract,(-a-) certified copy or a reproduction of a certified copy of any recorded lease or leases on the land adjacent to the tract. If the lease has not been recorded, an applicant must submit a copy of the lease along with an affidavit stating that it is a true and correct copy of the lease on the adjacent land; and(-b-) a notarized affidavit stating the consideration paid for any lease or leases on the adjacent land.(iv) The GLO shall notify each adjacent mineral owner, by registered mail, of the proposed leasing of the tract. An adjacent mineral owner may waive this notice by providing a written waiver to the GLO. If the person who initiates the leasing process cannot determine the identity or address of an adjacent mineral owner from the county records, notice shall be by publication as provided in Texas Natural Resources Code, §32.201(d).(D) Preferential leasing right of adjacent mineral owners.(i) General rule. Each adjacent mineral owner is entitled to lease to the center of the tract in the same proportion as his or her ownership in the adjoining land. The preferential right to lease under this paragraph must be exercised by the adjacent mineral owner within 120 days of the actual notice (as defined by Texas Natural Resources Code, §32.201(d)) of the intention to lease, or such right is forfeited.(ii) Examples.(I) if the adjacent mineral owners on opposite sides of a tract differ, each is entitled to preferentially lease to the center of the tract, thereby leasing one-half of the tract.(II) if the adjacent mineral owner on both sides of a tract is the same person, he or she may lease the entire tract.(III) when the mineral ownership of leased or unleased land adjoining one side of a tract is owned in cotenancy among several adjacent mineral owners, each shall have a preferential right to lease to the center of the tract in proportion to his or her interest in the adjoining land.(iii) Lease terms. Each lease issued on a tract shall grant the lessee the authority to pool the acreage in accordance with Texas Natural Resources Code, §32.202. A certified copy of the unit designation or the pooling agreement must be filed with the GLO. Each lease shall also provide for the payment of compensatory royalty in accordance with Texas Natural Resources Code, §32.203. The additional terms of a lease depend on whether lands adjacent to the tract are leased. If the adjacent land is unleased, the SLB shall set the terms of the lease. If the adjacent land is leased, the tract shall be leased upon terms at least as favorable to the state as those of the most favorable lease held on the adjoining land.(iv) Lease approval and payments. A lease will not be issued until the SLB approves the lease and receives the bonus payment and the 1.5% sales fee provided by Texas Natural Resources Code, §32.110. If the adjacent mineral owner does not tender such sums within 120 days of receipt of notice under paragraph (4)(C)(i) of this subsection, the preferential right to lease is forfeited.(v) Waiver. Any adjacent mineral owner may waive the preferential right to lease by filing with the GLO a written waiver executed and acknowledged by the mineral owner or their duly authorized agent.(E) Leasing after forfeiture or waiver of preferential leasing right.(i) Generally. Within 18 months of the forfeiture or waiver of the preferential right, the SLB may lease the tract directly to an adjacent mineral owner prior to a public offering to the highest bidder under a sealed bid sale.(ii) Lease to adjacent mineral owners and applicants.(I) If the adjoining land on one side of the tract is owned by several adjacent mineral owners in cotenancy, and one or more of these adjacent mineral owners forfeits or waives his or her preferential right, the SLB shall lease in equitable proportions to the remaining cotenants who have applied to lease the tract.(II) If the adjacent mineral owners on one side of a tract waive or forfeit their preferential rights to lease, the SLB shall lease in equitable proportions to the adjacent mineral owners on the other side of the tract who have applied to lease such tract.(III) If all or part of a tract is not leased to an adjacent mineral owner, the SLB shall lease all or part of the unleased tract to the first person who submitted an application to lease it.(IV) The terms and conditions of a lease issued under this subparagraph will be the same as those found in leases issued to adjacent mineral owners. The SLB shall not lease to an applicant at a price or terms which are less than those offered to the adjacent mineral owner.(V) A lease will not be issued until the SLB approves the lease and receives the bonus payment and the 1.5% sales fee provided by Texas Natural Resources Code, §32.110.(iii) Lease by sealed bid. If all or part of the tract is not leased to an adjacent mineral owner or to an applicant, the SLB shall offer all or part of the unleased tract for lease by sealed bid under paragraph (1) of this subsection. Source Note: The provisions of this §9.22 adopted to be effective January 7, 1999, 24 TexReg 146; amended to be effective August 9, 2009, 34 TexReg 5379. 1 GENERAL LAND OFFICE 9 EXPLORATION AND LEASING OF STATE OIL AND GAS B ISSUING EXPLORATION PERMITS AND OIL AND GAS LEASES §9.22 Leasing Procedures https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=141557&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 141557 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=141557&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 141557 03/11/2026 (a) Applicability of this Subchapter.(1) Section 9.32 of this title, (relating to General Responsibilities of State Lessees) applies to all state leases covering lands described in §9.21(1)-(5) of this title, (relating to Leasing Guide).(2) Those rule provisions in this subchapter that create procedures for coordinating with the GLO staff for a specific purpose would also generally apply to any state lease that authorizes such purpose. Some examples include the rules relating to tendering delay rentals and shut-in royalties to the state, to pooling state property and to suspending state leases.(b) Definitions Applicable to this Subchapter. The following terms shall have the following meanings unless the context or express language in a rule clearly indicates a contrary meaning.(1) Dry Hole. A dry hole is a completed well not capable of producing in paying quantities.(2) Drilling Operation. One drilling operation consists of all the activities designed and conducted in an effort to obtain initial production from a well. As long as the actual spud date of the well occurs within a reasonable time, a drilling operation begins when a RRC drilling permit has been obtained and preliminary work, such as grading roads, moving equipment, digging pits or staking locations, has started. A drilling operation continues as long as operations progress in a diligent manner toward the completion of that well. One drilling operation ends when lessee obtains production in paying quantities or when lessee abandons efforts to obtain such production. Notwithstanding the foregoing, drilling operations cease the day the well is completed or the date the completion rig is released.(3) Effective Shut-In Date. If lessee has completed a shut-in well during the primary term of a lease and holds the lease in the secondary term by paying a shut-in royalty, the effective shut-in date is the expiration of the primary term. If lessee completes a shut-in well after the primary term expires, the effective shut-in date is the first day of the month following the month when the well was shut in.(4) Encroaching well. This term has been created under these rules to characterize any well which triggers the offset well obligation under state leases or statutes. An encroaching well is one which: produces in paying quantities; has been completed on either private acreage or on state land leased at a lesser royalty; and is within 1,000 feet of state land or is actually draining such state land. For a multiple-completion well, each separate formation or productive zone will be treated as a separate encroaching well. (See definition of "well.") For purposes of construing lease provisions relating only to shut-in wells, an encroaching well must meet all criteria set above, but it must also be completed in the same producing reservoir as the shut-in well.(5) Producing (or production). When used in this subchapter, the term "producing" shall mean "producing in paying quantities" (defined as follows).(6) Producing (or production) in paying quantities. When a lease specifically defines this term, that definition applies. If a lease contains no such definition, the following definition shall apply: a lease or a well produces in paying quantities when receipts from the sale of oil and/or gas produced from the lease or well exceeds the lease's or well's total operating expenses (including all overhead, general and administration costs traceable to the expense of operating and marketing production from said lease or well) and a reasonably prudent operator would continue to operate the well or the lease in the same manner for the purpose of making a profit and not merely for speculation. Minimum royalty payments are not revenue from actual production and will not be treated as revenue when calculating whether a lease or a well is capable of producing in paying quantities.(7) Retained Acreage Clause. Any lease provision, regardless of its title, generally designed to limit the acreage and/or depths held by lease operations in the secondary term of a lease. The specific language in these kinds of clauses determines what acreage and/or depths remain held by lease production or operations, what acreage and/or depths terminate under the lease, and exactly when in the secondary term of the lease the clauses become effective.(8) Reworking Operation. One reworking operation consists of all the activities designed and conducted on a well in an effort to restore or to enhance production in paying quantities from an existing well. One reworking operation continues as long as lessee diligently pursues the production or enhanced production. One reworking operation ends when lessee restores or enhances production within a reasonable time or when lessee abandons efforts to restore or to enhance such production. The production or enhanced production must be in paying quantities.(9) Shut-In Well. A well capable of producing oil or gas in paying quantities but which is not being produced for reasons set forth in the shut-in provision of a lease. Such reasons may include lack of suitable production facilities or lack of a suitable market. For a multiple-completion well, each separate formation or productive zone will be treated as a separate shut-in well. See definition of "well."(10) Well Completion Date. The well completion date is the completion date reflected on the completion report filed with RRC unless this report is inaccurate.(11) Well. For a multiple completion well, "well" shall refer to each separate formation or productive zone which is capable of producing hydrocarbons and which has been given a unique RRC identification number. Source Note: The provisions of this §9.31 adopted to be effective January 7, 1999, 24 TexReg 146; amended to be effective August 9, 2009, 34 TexReg 5379. 1 GENERAL LAND OFFICE 9 EXPLORATION AND LEASING OF STATE OIL AND GAS C MAINTAINING A STATE OIL AND GAS LEASE §9.31 General Provisions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=62891&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 62891 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=62891&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 62891 03/11/2026 (a) Purpose and Scope. This section sets out some of the general responsibilities which lessees on properties leased under this chapter owe the state. Operations on state lands are subject to all applicable state and federal laws and regulations. The provisions of this chapter do not alter, amend, or replace such state and federal laws and regulations, and compliance with the requirements of this chapter does not relieve the operator of the duty to comply with such laws and regulations. The requirements of this chapter are in addition to the requirements of any other applicable state or federal law or regulation.(b) Minimum Standards of Lessee Conduct.(1) As expressly required in state leases, lessee shall use the highest degree of care in conducting operations on state leases and shall take all proper safeguards to prevent pollution. To satisfy these requirements, lessee must conduct operations as a reasonably prudent operator using standard industry practices and procedures, must satisfy all other express lease provisions, must satisfy implied lease obligations, and must comply with all valid, applicable federal and state laws, regulations and rules.(2) Operations or activities requiring such care and safeguards shall include, but are not limited to, the following:(A) Drilling, reworking, testing, producing, and maintaining a well;(B) Designing, constructing, treating, testing, maintaining and repairing pipelines;(C) Producing, storing, transporting or otherwise handling hydrocarbons;(D) Containing and recapturing discharged hydrocarbons, pollutants, or other hazardous substances and restoring public and private property damaged by such discharges;(E) Transporting and disposing of solid waste, pollutants or hazardous substances, including all materials associated with drilling and producing hydrocarbons;(F) Plugging abandoned well sites, removing structures and equipment and restoring the surface after operations have ceased. See also §9.91(c)(5) of this title, (relating to General Provisions);(G) Installing, testing and maintaining signal lights at or near wells and structures that are located on submerged state tracts;(H) Conducting any activities that could be destructive to marine life or its habitat on submerged state tracts;(I) Conducting activities on upland tracts so as to prevent damage to livestock, crops and the surface, including adequately fencing or enclosing equipment and pits.(J) Installing all necessary equipment, seals, locks or other protective devices to prevent theft of hydrocarbons and personal injury; and(3) No provision in a state lease or in these rules shall relieve a lessee of the obligation to act as a reasonably prudent operator would under the circumstances. This obligation includes, but is not limited to, the drilling of such additional well or wells as may be reasonably necessary for the proper development of a state lease after a lease well capable of producing in paying quantities has been completed.(4) No discharge of garbage or solid waste in violation of MARPOL Protocol, Title 33, Chapter 33 of the United States Code or Title 33, Part 151 of the Code of Federal Regulations shall be allowed into state waters from any drilling or support vessel, production platform, crew or supply boat, barge, jack-up rig, or other equipment located on state submerged tracts.(c) Required Activities/Lessee Responsibilities:(1) Posting Signs and Identifying State Wells.(A) Any well drilled on property leased under §9.21(1)(2)(3)(a) and (4) of this title, (relating to Leasing Guide) shall be identified as a state well in RRC records by using "State" as the first word in its designated RRC name.(B) All well locations and other structures, including drilling barges and platforms on submerged lands, shall be legibly marked and maintained to identify the state tract number, RRC well name, well number and the name of the company operating the lease.(C) In a prominent location on each vessel and manned platform on a submerged state tract, lessee must display and maintain a sign as required in an express state lease provision.(2) Allowing access to leased state tracts. The commissioner of the GLO, the attorney general, and the governor or their representatives shall at all times have access to property leased under this chapter to make inspections for any reason deemed necessary to protect the state's property or minerals, including, but not limited to, any exploration, drilling, producing, gathering, and processing activities or any other operations on the state tract. This provision does not impair or limit the authority of any other state or federal agency to perform inspections of property leased under this chapter.(3) Providing materials, records, reports and other information or items relating to lease operations.(A) General Reporting Requirements. Unless otherwise indicated, lessee shall mail all materials, records, reports and other information or items required to be submitted to the GLO under this section to the following address: Texas General Land Office; Attention: Minerals Leasing; 1700 North Congress, Room 640; Austin, Texas, 78701-1495. Materials, records, reports and other information or items may also be simultaneously faxed to (512)475-1543 (Attention: Minerals Leasing) to insure that the GLO receives them by the due date as long as they are legible to the GLO staff. All materials, records, reports and other information or items submitted to the GLO must include the state mineral file number assigned to the affected state lease, a plat or description which shows the location of the affected state well or wells, and all appropriate attachments. Incomplete filings will not be recognized as received by the GLO.(B) Timely Filing of Information or Items.(i) Due Dates. This section sets out the due dates when certain information or items relating to lease operations and activities must be received by the GLO. Whenever GLO staff requests additional information or items, it must receive such information or items within the due date set in the request or if the request does not establish a due date, within 60 days of the date of the request. GLO staff may grant a written extension of a due date.(ii) Evidence of Date of Receipt. Under the standard business practices and/or procedures of the GLO, the date that the GLO stamps, punches, or otherwise marks on the delay rental payment, check, draft, stub, or envelope establishes the date of actual receipt by the GLO.(iii) Penalties for untimely filing. If the GLO does not receive appropriate materials, records, reports or other information or items by the due date set in this section or the due date set in a written extension, lessee shall be subjected to a penalty of $25 per day for every day that each material, record, report or other information or item is not filed at the GLO. Assessing this penalty does not prevent the state from pursuing any of its other remedies, including lease forfeiture.(C) Routine Reports and Data Relating to Lease Operations and Activities. The following materials, records, reports, or other information or items shall be submitted to the GLO by the due dates as set forth:(i) Information relating to drilling.(I) RRC W-1 and RRC W-1A (if applicable) with plat and any other supporting documentation: due at least 5 days before spudding a well;(II) RRC P-12 (if applicable) with plat and any other supporting documentation: due at least 5 days before spudding a well; and(III) any applicable Corps of Engineers permits: due at least 5 days before spudding a well.(ii) Information relating to well completion, recompletion or testing.(I) RRC W-2 (if oil well) with any other supporting documentation: due on the date it is submitted to or due at the RRC (whichever is earlier); or(II) RRC G-1 (if gas well) and RRC G-5 and Back Pressure Curve (if applicable) with any other supporting documentation: due on the date it is submitted to or due at the RRC (whichever is earlier); and(III) RRC W-12 with any other supporting documentation, an as-drilled plat and a directional survey (if applicable): due on the date it is submitted to or due at the RRC (whichever is earlier);(IV) Potential Offset Well. If lessee completes a well within 1,000 feet of another state tract or tracts, on the date the RRC W-2 or RRC G-1 is submitted to or due at the RRC (whichever is earlier), lessee shall mail to the lessee or lessees of the adjacent state tract or tracts the following: a RRC W-2 or a RRC G-l (with any other supporting documentation), a RRC W-12 (with any other supporting documentation and a directional survey, if applicable), and a letter stating that the newly completed well may be a potential offset. A copy of this letter must be mailed to the GLO at the same time.(V) RRC P-4 with any other supporting documentation: due on the date it is submitted to or due at the RRC (whichever is earlier);(VI) RRC P-12 (if applicable and not filed before spudding a well) with any other supporting documentation: due on the date it is submitted to or due at the RRC (whichever is earlier);(VII) RRC P-15 with plat (if applicable) and any other supporting documentation: due on the date it is submitted to or due at the RRC (whichever is earlier);(VIII) All logs from any type of survey on the bore-hole section (from base of surface casing to total well depth) for each well on a state lease: due within 15 days of completing the survey.(iii) Information required routinely upon production.(I) RRC G-10: due on the date it is submitted to or due at the RRC (whichever is earlier); or(II) RRC W-10: due on the date it is submitted to or due at the RRC (whichever is earlier); and(III) RRC P-17 (if applicable): due on the date it is submitted to or due at the RRC (whichever is earlier). See also §9.35(a)(3) of this title, (relating to Producing the State Lease) for requirement to obtain state's permission before commingling state production.(IV) Division Orders. For any well in which the state owns an interest, including a free royalty interest created under Texas Natural Resources Code, §51.054, a division order showing all ownership in such well is due at the GLO within 60 days of obtaining initial production from any such well and subsequent division orders are due thereafter within 30 days of any change in any ownership interest. (Note, however, that GLO employees are not authorized to execute such division orders on behalf of the state and that a GLO employee's acts, errors, or omissions in handling a division order cannot bind the state to any terms contained within it.)(iv) Information required when production ceases (even if temporarily). If a well on a state lease has not produced for a 60-day period, written notice of this fact is due at the GLO within 70 days of cessation of production.(v) Information required for dry holes or inactive wells.(I) RRC W-1X with any other supporting documentation: due on the date it is submitted to or due at the RRC (whichever is earlier);(II) RRC W-3A: due at least five days prior to plugging the well; and(III) RRC W-3, with any other supporting documentation: due on the date it is submitted to or due at the RRC (whichever is earlier).(vi) Information related to violations of state and/or federal law. If a violation of state and/or federal law impacts leased state property or the resources found on or under such property or if a requested exemption from state and/or federal law may impact leased state property or the resources found on or under such property, notice of the facts surrounding such violation or exemption is due at the GLO within 24 hours of the violation or the request for an exemption..(D) Additional Reports and Data Relating to Lease Operations or Activities. The GLO retains the authority to require any additional records, data, information, records, memoranda, materials, or other information or items relating to any aspect of lease operations or activities. The following is a list of the type of information or items the GLO may typically request:(i) an affidavit detailing all activities involved in any drilling or reworking operation conducted on any state well and the date of such activities;(ii) any and all documentation necessary to assess whether production is in paying quantities; and(iii) annual estimates of oil and gas reserves underlying a state lease. Source Note: The provisions of this §9.32 adopted to be effective January 7, 1999, 24 TexReg 146. 1 GENERAL LAND OFFICE 9 EXPLORATION AND LEASING OF STATE OIL AND GAS C MAINTAINING A STATE OIL AND GAS LEASE §9.32 General Responsibilities of State Lessees https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=62892&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 62892 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=62892&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 62892 03/11/2026 (a) Effect of payment/non-payment of delay rentals. When delay rentals are properly paid on or before a lease anniversary date, lessee shall retain the rights granted under the lease and may postpone the commencement of drilling operations or production of oil or gas for a period of one year from such anniversary date. During the primary term, a lease shall terminate automatically on a lease anniversary date unless lessee either properly pays delay rentals or maintains the lease in force and effect under other lease provisions.(b) Full payment of delay rental. Each lease specifically sets the amount of the delay rental. The delay rental payment is indivisible and may not be reduced for any reason unless a lease, or a pooling agreement covering a lease, expressly allows its proportionate reduction. If a lease has several working interest owners and any of such owners fails to pay timely its share of the full delay rental amount set in the lease, then the entire lease will terminate. The full delay rental amount must be timely paid to all proper delay rental payees to maintain the lease.(c) Timeliness of delay rental payment to the state.(1) For a lessee to maintain a lease by paying delay rentals, the GLO must receive such payments on or before each lease anniversary date during the primary term.(2) If a lessee has temporarily held a lease during the primary term by other means, then see §9.34(b) of this title, (relating to Drilling and Reworking Operations) or §9.35(c)(1)(2) of this title, (relating to Producing the State Lease) to determine on which lease anniversary date delay rental payments may be resumed to hold a lease.(3) If a lease anniversary date should fall on a Saturday, Sunday or a legal state or federal holiday, delay rentals may be timely received on the next calendar day which is not a Saturday, Sunday or such a holiday.(4) Under the standard business practices and/or procedures of the GLO, the date that the GLO stamps, punches, or otherwise marks on the delay rental payment, check, draft, stub, or envelope establishes the date of actual receipt by the GLO.(5) Payment of a delay rental to the GLO shall be considered timely, irrespective of the date of actual receipt, if lessee notifies the GLO in writing of its claim that its lease has been maintained under this subparagraph and then establishes that:(A) payment was dispatched to the address found in §9.32(c)(3)(A) of this title, (relating to General Responsibilities of State Lessees) by certified or registered mail or equivalent proof;(B) an acceptance form was initialed by an employee of the United States Post Office, a common carrier, or its equivalent and the date stamped by the United States Post Office, a common carrier, or its equivalent (not including private postal meters) showing the letter was received and accepted at least 14 days before the lease anniversary date;(C) payment is actually received by the GLO no later than 30 days after the lease anniversary date; and(D) no intervening third party has acquired any of the oil and gas interests originally leased by lessee.(d) No ratification or revivor. If a lessee fails to pay or improperly pays delay rentals, no action by any delay rental payee, including the state or an owner of the soil on Relinquishment Act property, may ratify, re-grant or revive the terminated lease or may estop the state from asserting lease termination. Source Note: The provisions of this §9.33 adopted to be effective January 7, 1999, 24 TexReg 146. 1 GENERAL LAND OFFICE 9 EXPLORATION AND LEASING OF STATE OIL AND GAS C MAINTAINING A STATE OIL AND GAS LEASE §9.33 Delay Rental Payments https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=62893&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 62893 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=62893&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 62893 03/11/2026 (a) Requirement of Diligence. Any drilling operation or reworking operation will be conducted with reasonable diligence, in good faith and in a prudent, workmanlike manner.(b) Drilling to well completion during the primary term.(1) If a dry hole or shut-in well is completed within 60 days of a lease anniversary date during the primary term, the lease is maintained until the next anniversary date without payment of delay rentals. If a dry hole or shut-in well is completed more than 60 days before a lease anniversary date during the primary term, a delay rental must be timely paid on or before such anniversary date to maintain the lease by delay rentals.(2) If a dry hole or a shut-in well is completed during the last year of the primary term or within the 60 days immediately preceding it, the lease is maintained until the end of the primary term.(3) If a well completed during the primary term secures production in paying quantities, refer to the provisions of §9.35 of this title, (relating to Producing the State Lease) to maintain the lease.(c) Drilling operations at the expiration of the primary term (extensions).(1) To hold a lease by drilling operations at the expiration of the primary term, lessee must obtain an extension of the primary term as set out in this paragraph but may only obtain such an extension if the following conditions apply:(A) the lease has not produced in paying quantities during the primary term, and(B) lessee is conducting a drilling operation in good faith and in a good and workmanlike manner on the last day of the primary term.(2) To obtain an extension of the primary term and prevent automatic lease termination, lessee shall complete the following requirements:(A) Application. An application to extend the lease, on the appropriate GLO form and the correct payment, must be received by the GLO on or before the expiration date of the primary term. If such application and payment are not timely received, the lease shall expire automatically on the last day of the primary term.(B) Payments. The payments required to extend the primary term of a lease for 30 days are as follows:(i) if lease covers 640 acres or less: $3,000;(ii) if lease covers more than 640 acres: $6,000.(C) Affidavits required. Within 5 days after the expiration of the primary term, the GLO must receive an affidavit of drilling operations on the appropriate GLO form.(D) Effect of extension. An extension granted under this paragraph maintains the lease for only 30 days. If the 30 day period expires without lessee completing a productive well or obtaining a timely additional extension, then the lease automatically terminates.(3) Additional extensions for continued drilling operations.(A) Additional 30-day extensions may be obtained (for up to a maximum of 12 additional, consecutive extensions) by filing:(i) an application for additional extension on the appropriate GLO form and the appropriate payment, as established in subparagraph (B)of this section, prior to the expiration of the previous 30-day extension; and(ii) an affidavit of drilling operations on the appropriate GLO form with the daily drilling summaries for the previous 30 days attached must be filed within 5 days following the expiration of the previous 30-day extension.(B) Effect of additional extension. An additional extension granted under this paragraph maintains the lease for only 30 additional days. If this 30 day period expires without lessee completing a productive well or obtaining a timely additional extension, then the lease automatically terminates.(d) Drilling or reworking operations after the expiration of the primary term.(1) Lessee may maintain a lease that has ceased production in paying quantities after the expiration of the primary term by conducting drilling or reworking operations.(2) One drilling or reworking operation will maintain a lease if:(A) the drilling or reworking operation begins within 60 days of the cessation of production in paying quantities;(B) lessee conducts such drilling or reworking operation without interruptions totaling more than 60 days during the entire, single drilling or reworking operation; and(C) such drilling or reworking operation results in production or enhanced production, or, such drilling or reworking operation results in a dry hole and a timely new drilling or reworking operation is commenced in compliance with the lease.(e) No ratification or revivor. If a lessee fails to conduct drilling and reworking operations or to obtain an extension in accordance with this section and the lease terms and lessee has not otherwise maintained the lease, no action by the state or an owner of the soil on Relinquishment Act property, may ratify, re-grant or revive the terminated lease or may estop the state from asserting lease termination. Source Note: The provisions of this §9.34 adopted to be effective January 7, 1999, 24 TexReg 146. 1 GENERAL LAND OFFICE 9 EXPLORATION AND LEASING OF STATE OIL AND GAS C MAINTAINING A STATE OIL AND GAS LEASE §9.34 Drilling and Reworking Operations https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200116&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 200116 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200116&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 200116 03/11/2026 (a) General provisions applicable to producing oil and/or gas on state leases.(1) The GLO will treat a well as non-producing if no RRC production reports are filed for that well or if reports showing zero production are filed with the RRC for that well.(2) All wells producing natural gas and water or natural gas and surface hydrocarbon liquids or natural gas, water and surface hydrocarbon liquids must be produced through oil and gas separators of ample capacity and in good working order. All separators shall be of conventional type (or other equipment at least as efficient) to provide for separation and measurement of all lease or pooled unit gas and liquid hydrocarbon production before sale or surface commingling with production from any other lease and/or pooled unit. All measurement shall be in accordance with the American Gas Association (AGA) standards and all applicable chapters of the American Petroleum Institute (API) Manual of Petroleum Measurement Standards (MPMS) subject to the following: (i) gross lease or pooled unit gas and liquid hydrocarbon production must be measured by, at the option of the lessee, either (A) continuous measurement, or (B) utilization of periodic production well tests as described in MPMS Chapter 20.5 with each lease or pooled unit being tested at least once per month; and (ii) all lessees shall perform both gas and oil sampling with compositional analyses at the outlet of the initial stage of separation for each lease and/or pooled unit with (A) the gas sampling occurring within fifteen (15) days of the expiration of each six (6) month interval, and (B) the oil sampling occurring initially within thirty (30) days after completion of the well, and again between 24 to 36 months after such initial sampling. Industry standard laboratory analysis shall be performed on such samples in compliance with ASTM, API, and GPA standards for gas and oil. Lessees shall retain the foregoing required oil and gas analysis data and make such data available to the GLO as directed per the authority retained under §9.32(c)(3)(D) of this title, upon request. Requests submitted by the lessee shall be sent to the Texas General Land Office, Attention: Mineral Leasing, 1700 N. Congress Ave., Austin, TX 78701-1495.(3) Lessee shall obtain written permission from GLO before surface commingling state lease or state pooled-unit production with private lease production or before surface commingling oil and/or gas from two separate state leases and/or pooled state units. Lessee shall obtain written permission from GLO staff before down-hole commingling production from two or more intervals where the state's royalty interests differ between the proposed commingled intervals. Send commingling requests to the Texas General Land Office, Attention: Mineral Leasing, 1700 North Congress Avenue, Austin, TX 78701-1495. The requirement to obtain GLO staff approval applies to all commingle exception applications including new permits and amendments to existing permits.(4) If, within a group of properties comprised of surface commingled leases, tracts, and/or pooled units (Commingled Properties):(A) all state leases pertaining to the Commingled Properties were executed prior to January 7, 1999; or(B) the State's largest revenue interest among the Commingled Properties is less than 5.000%; or(C) the State has a net revenue interest in each and all of the Commingled Properties and those net revenue interests are identical to a tolerance of 0.001, then upon written certification by Lessee to the GLO that one or more of these conditions has been met, such Commingled Properties are deemed to have obtained permission from the GLO as required under §9.35(a)(3) of this title until and unless additional, non-qualifying surface commingling occurs in conjunction with the Commingled Properties, at which time written permission from the GLO shall be required.(b) Effect of production during or after the primary term. If production in paying quantities is established during the primary term, lessee shall be exempt from paying further delay rentals so long as such production continues through the primary term. Thereafter, subject to other lease requirements, terms and conditions, a lease shall remain in effect so long as oil and/or gas is being produced in paying quantities from the lease.(c) Cessation of production.(1) If production ceases within 60 days of a lease anniversary date during the primary term, the lease is maintained until the next anniversary date without payment of delay rentals. If production ceases more than 60 days before a lease anniversary date during the primary term, a delay rental must be timely paid on or before such anniversary date to maintain the lease by delay rentals.(2) If production ceases during the last year of the primary term or within the 60 days immediately preceding that last year, the lease will be maintained to the end of the primary term. To maintain a lease after such cessation of production, lessee may conduct drilling or reworking operations in compliance with §9.34(d) of this title, (relating to Drilling and Reworking Operations), treating the last day of the primary term as the date of cessation of production under such paragraph.(3) If production ceases after the primary term has expired, lessee may maintain its lease by conducting drilling or reworking operations under §9.34(d) or as otherwise authorized by the lease.(d) No ratification or revivor. If a lease ceases to produce and is not otherwise maintained in force and effect, no action by the state or an owner of the soil on Relinquishment Act property, may ratify, re-grant or revive the terminated lease or may estop the state from asserting lease termination. Source Note: The provisions of this §9.35 adopted to be effective January 7, 1999, 24 TexReg 146; amended to be effective August 9, 2009, 34 TexReg 5379; amended to be effective July 12, 2020, 45 TexReg 4526. 1 GENERAL LAND OFFICE 9 EXPLORATION AND LEASING OF STATE OIL AND GAS C MAINTAINING A STATE OIL AND GAS LEASE §9.35 Producing the State Lease https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=62895&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 62895 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=62895&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 62895 03/11/2026 (a) During the primary term. If lessee completes a shut-in well during the primary term, lessee may hold the lease by resuming delay rental payments. See §9.34(b)(1)(2) of this title, (relating to Drilling and Reworking Operations).(b) After the primary term has expired.(1) When a shut-in well is located on the premises, but the lease is being otherwise held in effect under the lease, no shut-in royalty is needed to maintain the lease.(2) If a lease is not being otherwise held in effect, contains a shut-in provision and has a shut-in well located on the premises, then failure to make a timely, full shut-in royalty payment will result in the lease automatically terminating on the date the shut-in payment is due under subsection (d)(1) of this section. However, if lessee timely pays a full shut-in royalty under this section, the lease will be held for one year beginning on the effective shut-in date. Thereafter, the lease will terminate automatically on an anniversary date of the effective shut-in date, unless on or before such anniversary date lessee pays a timely subsequent shut-in royalty under subsection (d)(2) of this section or on or before 60 days after such anniversary date lessee commences drilling or reworking operations or actually produces oil or gas.(3) If a lessee fails to pay or improperly pays a shut-in royalty, no action by any lessor, including the state or an owner of the soil on Relinquishment Act property, may ratify, re-grant or revive the terminated lease or may estop the state from asserting lease termination.(c) Full payment of shut-in royalty. The lease sets the amount of the shut-in royalty payment and the full amount must be timely paid to all lessors to hold the lease. If the lease has several interest owners and any one such owner fails to pay its proportionate share of the full shut in royalty amount set in the lease, then the entire lease will terminate. Under the October, 1997 state fee form, the shut in royalty amount is the greater of the two following amounts:(1) double the annual delay rental provided in the lease (which amount may be subject to proportionate reduction if the lease contains such a provision and if acreage is released); or(2) $1,200 for each shut-in well.(d) Timeliness of Shut-In Royalty Payment to the State.(1) For lessee to maintain a lease by paying a shut-in royalty payment, the GLO must receive such payment on or before the latest of the following dates:(A) the expiration of the primary term;(B) 60 days after the date the well ceases to produce oil or gas; or(C) 60 days after the date lessee completes drilling or reworking operations in accordance with the lease.(2) Subsequent shut-in royalty payments are due as established in subsection (h)(1) of this section.(3) If the date when a shut-in royalty payment is due falls on a Saturday, Sunday or a legal state or federal holiday, shut-in royalty payments may be timely received on the next calendar day which is not a Saturday, Sunday or a holiday.(4) Under the standard business practices and/or procedures of the GLO, the date that the GLO stamps, punches, or otherwise marks on the shut-in royalty payment, check, draft, stub, or envelope establishes the date of actual receipt by the GLO.(5) Payment of a shut-in royalty to the GLO shall be considered timely, irrespective of the date of actual receipt, if lessee notifies the GLO in writing of its claim that its lease has been maintained under this subparagraph and then establishes that:(A) payment was dispatched to the address found in §9.32(c)(3)(A) of this title, (relating to General Responsibilities of State Lessees) by certified or registered mail or equivalent proof;(B) an acceptance form was initialed by an employee of the United States Post Office, a common carrier, or its equivalent and the date stamped by the United States Post Office, a common carrier, or its equivalent (not including private postal meters) showing the letter was received and accepted at least 14 days before it was due;(C) payment is actually received by the GLO no later than 30 days after it was due; and(D) no intervening third party has acquired any of the oil and gas interests originally leased by lessee(e) Affidavit required. Upon receipt of a shut-in royalty, the GLO will send a shut-in affidavit to the party paying the shut-in royalty. The affidavit must be completed and returned to the GLO. Failure to complete and return the affidavit as required may result in a penalty under §9.32(c)(3)(B)(iii), and/or forfeiture of the lease.(f) Shut-in royalty on pooled leases. A shut-in well located within the boundaries of a pooled unit will be considered to be a shut-in well located upon each state lease within the pooled unit. The leases included within the pooled unit shall terminate unless shut-in royalties are paid on each lease wholly or partially within the unit, according to the terms of each lease.(g) Intermittent production. A well on a lease maintained in force by shut-in royalty may be produced intermittently and shut in as often as desired. No additional shut-in payment is required during the year that the lease is held by shut-in royalty. However, such intermittent production and shut-ins shall not operate to change the due date for subsequent shut-in royalty payments under subsection (h) of this section or the date upon which actual production or additional drilling must occur under subsection (b)(2) of this section. Royalty also remains due on oil and gas that is intermittently produced.(h) Subsequent shut-in payments.(1) For a maximum of five years after the effective shut-in date, lessee may pay subsequent annual shut-in royalties meeting the requirements set in this section on or before each anniversary of the effective shut-in date. Each such payment will maintain the lease for an additional year. The right to make subsequent shut-in royalty payments may end as described in subsection (i) of this section.(2) At the end of the maximum five year shut-in period provided for in the lease, the lease will terminate for cessation of production unless the operator or lessee begins actual production of oil or gas from the previously shut-in well or wells or otherwise maintains the lease in effect. After obtaining production from a previously shut-in well, the well may be shut in again for a maximum term of five years as provided in the lease and subsection (h)(1) of this section.(i) Compensatory royalty on shut-in well.(1) Encroaching well adjacent to shut-in well. If a state lease is maintained by a shut-in royalty when production from an encroaching well is sold and delivered, lessee's right to maintain the state lease by payment of a subsequent shut-in royalty ceases but the lease remains in effect until the shut-in royalty period expires. The lease may be held in effect after such date for four additional and successive periods of one year each by paying monthly compensatory royalties;(2) Amount of the compensatory royalty.(A) The monthly compensatory royalty payment is calculated using the royalty rate set in the state lease that has the shut-in well and the market value of monthly production from the encroaching well.(B) If the annual total of the monthly compensatory royalty payments is less than what the annual shut-in royalty would have been for that time period, lessee shall pay additional compensatory royalty equal to the difference.(3) Due dates for compensatory royalty.(A) . The first monthly compensatory royalty is due on the last day of the second month after the shut-in royalty period expired. This first compensatory royalty is computed using the encroaching well's production for the month immediately after the shut-in royalty period expired. Thereafter, monthly compensatory royalties are due by the last day of each month and are computed on the encroaching well's production for the preceding month.(B) For each year that monthly compensatory royalties are paid under subsection (i)(1) of this section, lessee shall remit additional compensatory royalty owed under subsection (i)(2)(B) of this section within 30 days of the end of each such year.(4) Limited effect of compensatory royalties. Payment of compensatory royalties under this section does not satisfy the obligations to drill offset wells or of reasonable development. To pay a compensatory royalty in lieu of an offset obligation, written approval from the commissioner must be obtained under §9.37(c) of this title, (related to Offset Well Obligations & Compensatory Royalties). Source Note: The provisions of this §9.36 adopted to be effective January 7, 1999, 24 TexReg 146. 1 GENERAL LAND OFFICE 9 EXPLORATION AND LEASING OF STATE OIL AND GAS C MAINTAINING A STATE OIL AND GAS LEASE §9.36 Shut-In Royalty https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=141556&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 141556 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=141556&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 141556 03/11/2026 (a) Obligation to drill an offset well. An offset well must be drilled on state property under the terms of this section whenever an encroaching well is completed unless one of the following conditions applies: lessee has properly pooled the state property with the property containing the encroaching well (see §9.81 of this title, (relating to Pooling and Unitizing State Property), the commissioner has granted written approval to allow payment of compensatory royalties in lieu of drilling an offset well (see subsection (c) of this section) or the commissioner has agreed that the encroaching well cannot be draining state hydrocarbons (see subsection (b) of this section). Failure to drill an offset well can result in the forfeiture of a lease or of a surface owner's agency rights under the Relinquishment Act.(1) Who is obligated. For any state property other than Relinquishment Act property, the lessee of the state property has the obligation to drill the offset well. For leased or unleased Relinquishment Act property, the surface owner, lessee, sublessee, receiver or other agent in control of the property has the obligation to drill the offset well.(2) Drilling the offset well. In addition to meeting the requirements found in §9.32 of this title, (relating to General Responsibilities of State Lessees) and §9.34 of this title, (relating to Drilling and Reworking Operations), an offset well shall also be drilled to a sufficient depth and in such a manner as to prevent drainage of oil or gas from state land.(3) When to begin drilling. The drilling operation associated with an offset well shall begin:(A) for Relinquishment Act lands, within 100 days of the date that the encroaching well first produces commercially (excluding test production); or(B) for other state properties, within 60 days of the date that the encroaching well first produces commercially (excluding test production).(b) Agreement that no drainage of state hydrocarbons is possible.(1) Application. If the person obligated to drill an offset well is certain that an encroaching well cannot be draining the state property, he shall apply in writing to GLO staff at the address found in §9.32(c)(3)(A) of this title (relating to Required Activity Lessee Responsibilities). This application should include a full explanation of why applicant contends that no drainage of state hydrocarbons is possible and request the commissioner to agree with this contention.(2) Information/Data supporting application. With the application, the applicant shall submit any evidence, data, or information necessary to support the application and request, including geological, geophysical, economic, engineering, or production data from the encroaching well, and any other data regarding the state property, the encroaching well or any shut-in well located on the state property. Applicant shall submit additional evidence, data or information upon request of GLO staff.(3) Effect of reaching an agreement. If the commissioner, after reviewing all pertinent data and evaluating the GLO staff recommendation, agrees that the encroaching well cannot drain state hydrocarbons, then the commissioner will send a letter to the applicant as evidence of this agreement. This letter agreement will not prevent the state from claiming or collecting damages should later technology show that state hydrocarbons were drained or if the data submitted by applicant was false, inaccurate or incomplete.(4) Effect of failing to reach an agreement. If the commissioner, in his sole discretion, concludes that the state property may possibly be drained, then a letter will be mailed to applicant stating that the drilling of an offset well is required under the statutory provisions and any corresponding lease provision. Applicant will then be given the opportunity to seek the commissioner's approval to pay compensatory royalties in lieu of an offset well under subsection (c) of this section.(c) Agreement to accept compensatory royalty in lieu of drilling offset wells.(1) Effect of reaching or failing to reach an agreement. If an agreement is reached with the commissioner under this section, the payment of a compensatory royalty will satisfy the obligation to drill an offset well on the state property involved. Reaching an agreement will not prevent the state from claiming or collecting damages should later technology show that additional state hydrocarbons were drained or if the data submitted by applicant was false, inaccurate or incomplete. If such an agreement cannot be reached and the state property cannot be pooled, an offset well must be drilled under the appropriate statutory provisions and any corresponding lease provisions.(2) Application. If the person obligated to drill an offset well desires to pay compensatory royalty in lieu of drilling it, he should apply in writing to GLO staff at the address found in §9.32(c)(3)(A). This application should include, at a minimum, an explanation of why applicant does not plan to drill an offset well (or to produce and market production if there is a shut-in well on the state property), why applicant cannot pool the state property with the property containing the encroaching well, and why the payment of a certain compensatory royalty will adequately protect the state's interests.(3) Information/Data supporting application. With the application, the applicant shall submit any evidence, data, or information necessary to support his application, including geological, geophysical, economic, engineering, or production data from the encroaching well, and any other data regarding the state property, the encroaching well or any shut-in well located on the state property. Applicant shall submit additional evidence, data or information upon request of GLO staff.(4) Mandatory terms of the agreement. If, after reviewing the pertinent data and evaluating the GLO staff recommendation, the commissioner is able to reach an agreement with applicant under this section, the agreement may contain additional terms at the commissioner's sole discretion but must contain the following provisions:(A) The amount of the compensatory royalty payment. The compensatory royalty on the state property burdened by the offset obligation shall be paid:(i) on the royalty rate set in the lease covering such state property or on a royalty rate set by the commissioner if such property is unleased Relinquishment Act land; and(ii) on the market value at the well of all production from the encroaching well unless the commissioner, in his sole discretion, agrees to reduce proportionately the compensatory royalty volumes based upon the amount of state hydrocarbons being drained as reflected by the data submitted by the applicant.(B) Special provisions if state property already has a shut-in well. If compensatory royalties are paid on state property that has a shut-in well and the annual total of these compensatory royalty payments is less than the annual shut-in royalty payment set in the applicable state lease, lessee shall pay additional compensatory royalty equal to the difference. Such additional compensatory royalty is due one year and 30 days from the date that the first compensatory royalty was due and annually thereafter on the same date.(5) Due date. Unless the agreement reached with the commissioner states otherwise, the first compensatory royalty payment (covering all past production from the encroaching well) is due by the last day of the month following the month in which the agreement was reached and, thereafter, compensatory royalties are due by the last day of each month and computed based on the encroaching well's production for the preceding month. Source Note: The provisions of this §9.37 adopted to be effective January 7, 1999, 24 TexReg 146; amended to be effective August 9, 2009, 34 TexReg 5379. 1 GENERAL LAND OFFICE 9 EXPLORATION AND LEASING OF STATE OIL AND GAS C MAINTAINING A STATE OIL AND GAS LEASE §9.37 Offset Well Obligations and Compensatory Royalties https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=62897&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 62897 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=62897&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 62897 03/11/2026 (a) Conditions Warranting a Suspension. A lessee may apply for a suspension of the terms of a lease in the following circumstances:(1) if a lease issued by the commissioner is the subject of litigation relating to the validity of the lease or to the commissioner's authority to issue the lease under Texas Natural Resources Code, §52.028;(2) if, after making a diligent and good faith attempt, a lessee is unable to obtain access to the leased property or is unable to obtain in a timely manner a permit to drill on or produce from the leased premises by any duly constituted authority of the United States or of this state under Texas Natural Resources Code, §52.0301; or(3) if lessee, having made a good faith effort to comply with the terms of the lease, to conduct drilling operations, or to produce oil or gas, is prevented from doing so by a reason set forth in the lease form, which reasons may include war, rebellion, riots, strikes, fire, acts of God, or any order, rule, or regulation of governmental authority.(b) Procedure.(1) A lessee seeking a suspension of the terms of a lease shall submit a written request to the GLO, detailing the reasons for the suspension. All materials relating to a suspension must be mailed to the following address: Texas General Land Office; Attention: Minerals Leasing; 1700 North Congress, Room 640; Austin, Texas, 78701-1495. These materials may also be simultaneously faxed to (512) 475-1543 (Attention: Minerals Leasing)(2) The GLO staff will evaluate the request and any supporting documentation submitted. Applicants should be prepared to submit any additional information requested and should be prepared to appear before the SLB if requested to do so.(3) For cases related to litigation or force majuere conditions, the GLO staff will submit a recommendation for a decision to the commissioner. The commissioner may choose to present the recommendation to the SLB for input. The commissioner may accept or reject the recommendation and may impose additional terms or conditions to the lease suspension as authorized or required by statute or lease provision.(4) For cases related to failure to obtain access or a permit, the GLO staff will submit a recommendation to the SLB. The SLB may accept or reject the recommendation and may impose additional terms or conditions to the lease suspension as authorized or required by statute or lease provision.(5) Unless a shorter time frame for reporting is set when the suspension is granted, a lessee granted a suspension shall submit a status report to the entity that granted the suspension and to GLO staff at the address and/or fax number, given in subsection (b)(1) of this section, six months after the effective date of the suspension and at six-month intervals thereafter as long as the cause for suspension exists. The status report shall detail relevant information explaining what actions have been taken to remove or to remedy the cause for suspension.(6) In addition to the status report, each lessee granted a suspension shall immediately notify the entity that granted the extension and GLO staff of developments which affect the terms of suspension and shall promptly notify such entity when the cause for suspension ends. Source Note: The provisions of this §9.38 adopted to be effective January 7, 1999, 24 TexReg 146. 1 GENERAL LAND OFFICE 9 EXPLORATION AND LEASING OF STATE OIL AND GAS C MAINTAINING A STATE OIL AND GAS LEASE §9.38 Suspending the State Lease https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220274&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 220274 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220274&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 220274 03/11/2026 (a) In-kind royalties and reports. Producers meeting their royalty obligations by delivering the state's royalty in-kind shall contact the General Land Office (GLO) for specific instructions for making and reporting in-kind royalties. Purchasers of the state's oil or gas in-kind must make the payment for this oil or gas separately from any payment of monetary royalty.(b) Monetary royalties and reports(1) Basis for computing royalties.(A) Gross proceeds. Lessees shall compute and pay oil and gas royalties due under each lease on the gross proceeds received by the seller, including amounts collected to reimburse the seller for severance taxes and production-related costs. Lessees shall not deduct production or severance taxes, or the cost of producing, processing, transporting, and otherwise making the oil, gas, and other products produced from the premises ready for sale or use.(B) Volume subject to royalty.(i) General. Royalties are due and payable by all lessees on 100% of each lease's gross production of oil and gas unless the lease contains language expressly exempting certain dispositions of oil and/or gas from state royalties.(ii) Oil sales and stocks. As a matter of convenience, during periods of regular sales, the GLO will permit lessees to pay monthly oil royalties based on the number of barrels sold (or otherwise disposed of) in a given month rather than on the gross production as may be required by the lease. Unless the lessee is otherwise notified by the GLO, no royalties are payable on lease stocks until such stocks are disposed of either by sale or otherwise. The GLO reserves the right to require at any time, or from time to time, that lessees pay royalties on gross production rather than on barrels sold. The GLO requires that lessees pay royalties on existing stocks when there have been no sales from such stocks for several months.(C) Plant products. Lessees shall calculate the volume and value of plant products subject to state royalty in accordance with the lease under which the gas is produced and processed and this volume and value shall never be less than the minimum percentage specified in the lease. In cases where the lease does not specify the manner in which lessees are to calculate plant product royalties, then the volume and value of plant products subject to state royalty shall be that volume and value for which settlement is being made to the producer, under a gas contract prudently negotiated between the producer and processor. When gas is processed for the recovery of liquid hydrocarbons or other products, lessees shall pay royalties on residue gas and plant products in an amount not less than the royalties which would have been due had the gas not been processed.(D) Market value. Nothing in this subsection shall limit or waive the right of the state to receive its royalties based on market value of the oil and gas produced, if authorized by the lease, unit agreement, judgment, or other contract authorized by law.(E) Determination of market value.(i) For the purpose of computing and paying royalties to the state based on market value, the market value shall be presumed to be the gross proceeds received pursuant to a bona fide contract entered into at arm's length between nonaffiliated parties of adverse economic interests.(ii) If a contract is not negotiated at arm's length, or was between affiliated parties, the presumption that market value is equal to gross proceeds shall not apply. In this situation, the lessee has the burden to establish that royalties paid to the state are based on market value.(iii) The commissioner may overcome the presumption established under clause (i) of this subparagraph and assess additional royalties due by establishing a different price based on other sales in the general area which are comparable in time, quality, volume, and legal characteristics. If some of this information is not available to the commissioner, an assessment will be based on the best information available.(iv) A lessee may challenge an assessment of additional royalties due by submitting information which establishes the prices used for comparison by the commissioner involve products of significantly different quality; were based on contracts to deliver significantly different volumes or for different terms; were not from a relevant market; were derived from an area in which deliverability is significantly different; or by presenting any other information which could establish a more accurate market price. However, under no circumstances will the state's royalty be computed on less than gross proceeds received, including reimbursements received for severance taxes and production-related costs.(v) Parties are affiliated under this subsection if they are related by blood, marriage, or common business enterprise, are members of a corporate affiliated group, or where one party owns a 10% or greater interest in the other.(vi) The term "general area," as used in this subsection, means the smallest geographical area which contains sufficient data to establish a market price. Examples include a unit, a field, a county, or the applicable RRC district.(vii) For the purpose of computing and paying oil royalties to the state based upon a market value determined by the highest posted price, that phrase is defined as the greater of:(I) the highest price available to the producer; or(II) the gross price posted by the purchaser of the oil, less a reasonable transportation allowance after sale and delivery if the price bulletin reflects on its face that the purchaser will deduct a marketing or transportation allowance, and a transportation allowance is actually deducted by the purchaser from its gross price.(viii) For the purposes of clause (vii)(I) of this subparagraph, a price will be presumed to be available to the producer if it is offered in the field where the lease is located at the time of sale. A producer may overcome the presumption by submitting evidence that the price is not actually available to the producer. The terms "available" and "actually available," as used in this subsection, mean that a price is being offered to nonaffiliated parties by posting, contract listing or amendment, or otherwise and that if a producer presented a barrel of oil to an entity offering said price, assuming all quality specifications for the price were met, that producer would, in fact, receive that offered price.(ix) Clause (vii) of this subparagraph shall not be construed to allow the lessee, when calculating royalties to the state, to make any deductions for the cost of producing, processing, or transporting the oil prior to its sale and delivery.(2) Royalty payments and reports.(A) Mode of payment. Except as provided in subsection (a) of this section, relating to payments made in-kind, and subject to clauses (i) - (vi) of this subparagraph, relating to mandatory electronic funds transfer, lessees may pay royalties and other monies due by cash or check, money order, or sight draft made payable to the commissioner. Lessees may also pay by electronic funds transfer or in any manner that may be lawfully made to the state comptroller. Information regarding alternative payment methods may be obtained from the GLO Royalty Management Division. Payors are required to make payments by electronic funds transfer in compliance with 34 Texas Administrative Code Chapter 15 in the circumstances outlined:(i) For leases executed or amended after May 11, 1989, but before September 1, 1991, payors that have made over $500,000 in a category of payments, defined in clause (iv) below, to the GLO during the preceding state fiscal year shall make payments of $10,000 or more in the current fiscal year for those leases and in that category by electronic funds transfer.(ii) For leases executed or amended after August 30, 1991, but before June 9, 1995, payors that have made over $250,000 in a category of payments, defined in clause (iv) below, to the GLO during the preceding state fiscal year shall make payments of $10,000 or more in the current fiscal year for those leases and in that category by electronic funds transfer.(iii) For leases executed or amended on or after June 9, 1995, payors that have made over $25,000 in a category of payments, defined in clause (iv) below, to the GLO during the preceding state fiscal year shall make all payments in the current fiscal year for those leases and in that category by electronic funds transfer.(iv) For purposes of clauses (i) - (iii) of this subparagraph, each of the following is a separate category of payments:(I) royalties (including shut-in and minimum royalties);(II) penalties;(III) other payments to the state agency, excluding interest and extraordinary payments such as payments made in settlement of litigation.(v) The GLO anticipates that those payors that have exceeded the threshold sums set out in clauses (i) - (iii) of this subparagraph in the preceding state fiscal year will also exceed those sums in the current state fiscal year. The application of clauses (i) - (iii) to a specific payor may be waived at the commissioner's discretion to the extent allowed by law, upon a showing that a payor will not exceed the threshold sums set out in clauses (i) - (iii) in the current fiscal year, or for other good cause.(vi) The GLO will notify each payor to whom this subparagraph applies in compliance with 34 Texas Administrative Code Chapter 15.(B) Information required with royalty payments. Lessees shall submit all royalty payments in a manner which identifies the assigned GLO lease number, the annual submission certification number, if any, and the amount of oil and gas royalty being paid. Royalty payments not identified by the lease number and the annual submission certification number, if any, shall be considered delinquent and shall be subject to the delinquency provisions of paragraph (3) of this subsection.(C) Required reports. Lessees shall provide, in the form and manner prescribed by the GLO, production/royalty reports (Form GLO-1 for oil and condensate and Form GLO-2 for gas), other required reporting documents for gas or oil and condensate, and other supporting documents required by GLO to verify gross production, disposition, and market value of the oil and condensate, gas, and other products produced therefrom. Reporters for leases which the GLO has approved for annual royalty payments may submit such reports on an annual basis as well after receipt of an annual royalty certification number. Parties approved for annual reporting or payment shall notify the GLO in writing within ten business days of a complete release, forfeiture, termination, assignment, or change of operator or payor of a lease approved for annual reporting and payment. Failure to comply with the statutes and the reporting requirements of this chapter may subject a lease to forfeiture, delinquency penalties, or both.(D) Timely receipt of royalty payments and reports.(i) For the purpose of this subsection, the GLO will consider a report timely received if the report:(I) arrives postpaid and properly addressed; and(II) is deposited with the United States Postal Service or any parcel delivery service at least one day before it is due and such deposit is evidenced by a postmark, a postal meter stamp, or a receipt.(ii) For the purpose of this subsection, the GLO will consider a royalty payment timely made if:(I) the payment is received by electronic funds transfer, it is received on or before the date it is due (please be advised that delivery of payment to the state comptroller's office does not satisfy this requirement. Due to the time required by the comptroller's office to process a payment and forward it to the GLO, payors are strongly encouraged to submit payments to the comptroller's office before 6:00 p.m. CST on the business day preceding the business day on which the payment is due).(II) the payment is not made by electronic funds transfer, it arrives postpaid and properly addressed and it is deposited with the United States Postal Service or any parcel delivery service at least one day before it is due and such deposit is evidenced by a postmark, a postal meter stamp, or a receipt.(iii) If a royalty payment or report is due on a Sunday or a legal state or federal holiday, then lessees shall ensure that such payment or report is either received by the GLO on the next calendar day which is not a Sunday or a holiday, or postmarked or stamped prior to the next calendar day which is not a Sunday or a holiday.(E) Oil and condensate royalties--due date.(i) Lessees shall ensure that all oil and condensate royalties, except royalties approved by GLO to be paid on an annual basis, are timely received by the GLO on or before the fifth day of the second month following the month of production.(ii) Upon application to and written approval by the GLO, future royalties attributable to leases for which oil, condensate, and gas royalty due for the immediately preceding September 1 to August 31 period equaled $3,000 or less may be paid on an annual, rather than monthly, basis. A party who is both a payor and a reporter for a lease shall submit both payments and reports on a monthly or, if the GLO grants approval, an annual, basis.(I) The applicant shall designate the payor who will submit the annual royalty payments and, if there are multiple payors for a lease, the share of royalty the designated payors will submit. Upon approval, GLO staff will assign an annual submission certification number to the designated payor and the GLO will authorize the designated payor to submit the designated share of royalty payments on an annual basis. The applicant shall notify the GLO in writing of any change in the payor designation within ten business days of its effective date.(II) Payors, after approval, shall pay annual royalties for the following January 1 to December 31 annual production periods.(III) Payors, after approval, shall continue to make payments on a monthly basis until the commencement of the next annual production period.(IV) Each year, payors shall ensure that all annual oil and condensate royalties are timely received by the GLO on or before the fifth day of February following each annual production period. Each year, payors shall ensure that all annual gas royalties are timely received by the GLO on or before the 15th day of February following each annual production period.(V) After the payor receives GLO approval for annual royalty payments, if the total annual oil, condensate, and gas royalty due under a lease exceeds $3,000 for any annual production period, payors shall resume making monthly royalty payments starting with the January production month immediately following that annual production period.(VI) For any royalty approved to be paid on an annual basis, payors shall ensure that the total royalties that have accrued as of the date of a complete lease forfeiture, release, termination, assignment, or any change of designated payor, are timely received by the GLO on or before 75 calendar days after that date. If a change of payor occurs for a lease with multiple payors, only the changing payor shall pay the accrued royalties for which he is designated as being responsible on or before 75 calendar days after the change.(VII) Any forfeiture, release, termination, assignment, or change of operator or payor, does not affect the approved annual royalty payment status, subject to subclause (VI) of this clause. However, as provided in §9.93(l) of this title (relating to Assignment), an assignee or successor in interest is liable for all unsatisfied royalty requirements of the assignor or predecessor in interest.(VIII) The GLO may prescribe further specific forms and instructions applicable to this subparagraph.(IX) The GLO has the sole discretion to approve annual royalty payments. Approval does not affect the state's right to take its royalty in-kind, nor does it constitute a finding that a lease has been maintained in force and effect or otherwise ratify or revive any lease. GLO approval does not abrogate the lessee's responsibility to submit timely royalty payments and reports to the GLO as provided in subparagraphs (L) and (M) of this paragraph.(X) Determination of royalty due for purposes of clause (ii) of this subparagraph is not an official GLO determination of royalty due under a lease. The GLO may audit any lease to determine if royalty was properly paid and may pursue its rights and remedies through an administrative hearing or litigation.(F) Gas royalties--due date.(i) Lessee shall ensure that all gas royalties, except royalties approved by GLO to be paid on an annual basis, are timely received by the GLO on or before the 15th day of the second month following the month of production.(ii) The provisions of subparagraph (E)(ii)(I) - (X) of this paragraph apply to the payment of gas royalties.(G) Required reports--due date.(i) Lessees shall ensure that all required production/royalty reports and other required documents (hereafter "reports" in subparagraph (G) of this paragraph), in whatever format submitted, for gas or oil and condensate are timely received by the GLO on or before the due date of the corresponding monthly royalty payment.(ii) Upon application to and written approval by the GLO, future reports for leases for which oil, condensate, and gas royalty due for the immediately preceding September 1 to August 31 period equaled $3,000 or less may be submitted on an annual, rather than monthly, basis. A party who is both a payor and a reporter for a lease shall submit both payments and reports on a monthly or, if the GLO grants approval, an annual, basis.(I) The applicant shall designate the reporter who will submit the annual reports and, if there are multiple reporters for a lease, the information the designated reporter will submit. Upon approval, GLO staff will assign an annual submission certification number to the designated reporter and the GLO will authorize the designated reporter to submit the designated reports on an annual basis. The applicant shall notify GLO in writing of any change in the reporter designation within ten business days of its effective date.(II) Reporters, after approval, shall submit annual reports for the following January 1 to December 31 annual production periods.(III) Reporters, after approval, shall continue to submit reports on a monthly basis until the commencement of the next annual production period. Unless the GLO expressly approves otherwise in writing, reporters shall submit unit production/royalty reports on a monthly basis regardless of the annual reporting status of individual leases within the unit.(IV) Each year, reporters shall ensure that all annual reports concerning oil and condensate are timely received by the GLO on or before the fifth day of February following each annual production period. Each year, reporters shall ensure that all annual reports concerning gas are timely received by the GLO on or before the 15th day of February following each annual production period.(V) After the reporter receives GLO approval for annual reporting, if the total annual oil, condensate, and gas royalty due under a lease exceeds $3,000 for any annual production period, reporters shall resume making monthly reports starting with the January production month immediately following that annual production period.(VI) Reporters shall ensure that all reports approved by the GLO for submission on an annual basis are timely received by the GLO on or before 75 calendar days after a complete lease forfeiture, release, termination, assignment, or any change of designated reporter. If a change of reporter occurs for a lease with multiple reporters, only the changing reporter shall submit the reports for which he is designated as being responsible on or before 75 calendar days after the change.(VII) Any forfeiture, release, termination, assignment, or change of operator or reporter does not affect the approved annual reporting status, subject to subclause (VI) of this clause. However, as provided in §9.93(l) of this title (relating to Assignment), an assignee or successor in interest is liable for all unsatisfied reporting requirements of the assignor or predecessor in interest.(VIII) The GLO may prescribe further specific forms and instructions applicable to this subparagraph.(IX) The GLO has the sole discretion to approve annual reporting. Approval does not affect the state's right to take its royalty in-kind, nor does it constitute a finding that a lease has been maintained in force and effect or otherwise ratify or revive any lease. GLO approval does not abrogate the lessee's responsibility to submit timely royalty payments and reports to the GLO as provided in subparagraphs (L) and (M) of this paragraph.(X) Determination of royalty due for purposes of clause (ii) of this subparagraph is not an official GLO determination of royalty due under a lease. The GLO may audit any lease to determine if royalty was properly paid and may pursue its rights and remedies through an administrative hearing or litigation.(iii) Lessees shall identify the relevant GLO lease numbers and annual submission certification numbers, if any, on all required reports. Reports that fail to identify these numbers shall be considered delinquent and shall be subject to the delinquency provisions of subsection (b)(3) of this section.(H) Gas contracts. Lessees shall file with the GLO a copy of all contracts under which gas is sold or processed and all subsequent agreements or amendments to such contracts within 30 days of entering into or making such contracts, agreements, or amendments. Such contracts, agreements, and amendments, when received by the GLO will be held in confidence by the GLO unless otherwise authorized by lessee.(I) Gas contract brief (Form GLO-5).(i) Each gas contract, agreement, or contract amendment must be accompanied by a gas contract brief (Form GLO-5) completed in the form and manner prescribed by GLO. The GLO-5 must be submitted even if GLO is taking its royalty in-kind from the leases subject to the contract or agreement. The GLO-5 shall be submitted to the GLO within 30 days of executing a contract, agreement, or contract amendment. While the lessee is responsible for the preparation and filing of the GLO-5 and supplements, the lessee is not required to submit the GLO-5 or supplements for royalty volumes which the state is taking in kind. Rather, the lessee must submit the GLO-5 and supplements for other volumes produced from the lease or leases.(ii) A gas contract brief supplement (GLO-5(s)) may be filed for sales of gas on the spot or other markets in which price changes occur monthly. A GLO-5(s) should be submitted to the GLO within 30 days of the completion of each six-month period of sales. A GLO-5 does not have to be submitted as long as other contract provisions remain unchanged.(iii) For spot or similar sales situations in which supplements will be submitted, the GLO-5 is due within 30 days of the completion of the first six-month sales period.(iv) Gas contract briefs and supplements should be directed to: General Land Office, Energy Resources Division, Stephen F. Austin Building, 1700 North Congress Avenue, Austin, Texas 78701-1465, Attention: Gas Contracts Administrator.(J) Settlements and judgments. Lessee shall file with the GLO a copy of each settlement reached or judgment rendered in a dispute between the lessee and a purchaser regarding production from, and/or contracts relating to, state lands. Lessee shall file these documents with the GLO within 30 days of entering into any such settlement or within 30 days of the rendering of such judgment.(K) Other records. At any time, or from time to time, the GLO may require any additional records relating to any aspect of lease operations and accounting.(L) Responsibility of lessee to file royalty payments and required reports. Parties other than the lessee may remit royalties to the state on the lessee's behalf. This practice does not relieve the lessee of any statutory or contractual obligation to pay royalty or file reports and supporting documents. The lessee bears full responsibility for paying royalties and for filing reports and supporting documents as required in this chapter.(M) Cooperation of operators, purchasers, payors, reporters, and lessees. The GLO recognizes that lessees may often delegate various lease obligations to third parties. However, such a delegation does not relieve a lessee of these obligations. Lessees must be aware that the acts and omissions of these third parties regarding these obligations may subject a lease to a delinquency penalty or forfeiture. Therefore, these parties must cooperate to responsibly discharge their obligations to each other and to the state.(N) State's lien. The state has a statutory first lien on all oil and gas produced from the leased area to secure the payment of all unpaid royalty or other sums of money that may become due. Acceptance of an oil and gas lease from the state grants to the state a contractual first lien on and security interest in all oil and gas extracted from the lease area, all proceeds that may accrue to the lessee, and all fixtures on and improvements to the area covered by the lease that may be used in the production or processing of oil and gas.(O) Certification of sufficient royalties. The GLO will not be responsible for certifying, prior to the rental anniversary date, that sufficient royalty has been received to obviate the necessity of paying rentals or minimum royalties as may be required by lease. Lessees should maintain adequate records relating to lease royalty and rental status to determine if additional liability exists. If there is uncertainty concerning whether or not rental or minimum royalties are due, a lessee may maintain a lease in effect by remitting the annual amount required under each lease. The GLO will refund or grant credit to lessees for payments received in this manner that are later found to have not been due.(P) Partial payments. The GLO will apply a lessee's partial payment of amounts assessed (delinquent royalties, penalty, and interest) first to unpaid penalty and interest and then to delinquent royalties. Penalty and interest will continue to accrue until the delinquent royalties are fully paid.(3) Penalties and interest.(A) Penalties on delinquencies. Any royalty not paid when due, or any required report or document not submitted when due, is delinquent and penalties as provided in this subsection shall be added. Royalty payments or any required reports or documents that do not identify GLO lease numbers and annual submission certification numbers, if any, and any royalty payments not accompanied by any required reports or documents are also delinquent. The penalties on delinquent royalties specified in this subsection shall not be assessed in cases of title dispute as to the state's portion of the royalty or to that portion of the royalty in dispute as the market value of the production.(i) For royalties and reports due on or after September 1, 1985, including those for oil and gas produced since July 1, 1985, the GLO shall add:(I) a penalty of 5.0% of the delinquent amount or $25, whichever is greater, to any royalty which is delinquent 30 days or less;(II) a penalty of 10% of the delinquent amount or $25, whichever is greater, to any royalty which is more than 30 days delinquent; (III) at its discretion, a penalty of $10 per document for each 30-day period that each report, affidavit, or other document is delinquent. The GLO shall impose this penalty of $10 per document only after the commissioner or a designated representative has notified the lessee in writing that reports, affidavits, or documents are not being filed correctly and that the GLO will assess the penalty on subsequent reporting errors.(ii) For royalties and reports due before September 1, 1985, including those for oil and gas produced prior to July 1, 1985, the GLO shall add:(I) a penalty of 1.0% of the delinquent amount or $5.00, whichever is greater, for each 30-day period that any royalty is delinquent; (II) a penalty of $5.00 per document for each 30-day period that each report, affidavit, or other document is delinquent.(iii) For royalties and reports due before September 1, 1975, including those for oil and gas produced prior to August 1, 1975, the GLO shall impose no penalty for delinquent royalties or delinquent reports.(B) Interest on delinquencies. Any royalty not paid when due is delinquent and shall accrue interest as provided in this subsection.(i) For royalties due on or after September 1, 1985, including those for oil and gas produced since July 1, 1985:(I) interest shall accrue on all delinquent royalties at the rate of 12% per year (simple interest) pursuant to the Texas Natural Resources Code, §52.131(g);(II) interest shall begin to accrue 60 days after the due date.(ii) For royalties due before September 1, 1985, including those for oil and gas produced prior to July 1, 1985:(I) interest shall accrue on all delinquent royalties at the rate of 6.0% per year compounded daily pursuant to Texas Civil Statutes, Article 5069-1.03;(II) interest shall begin to accrue 30 days after the date due.(C) Penalties for fraud. The commissioner shall add a penalty of 25% of the delinquent amount if any part of the delinquency is due to fraud or an attempt to evade the provisions of statutes or rules governing payment of royalty. The GLO shall apply this penalty in cases of title dispute as to the state's portion of the royalty or to that portion of the royalty in dispute as to the fair market value. The GLO shall apply this penalty in addition to any other penalty assessed.(D) Forfeiture. The state's power to forfeit a lease is not affected by the assessment or payment of any delinquency, penalty, or interest as provided in this subsection. Specifically, the lessee's failure to pay royalties and other sums of money within 30 days of the due date or the failure to file reports completed in the form and manner prescribed by this section shall subject a lease to forfeiture under §9.95 of this title (relating to Forfeiture).(E) Reduction of penalty and/or interest. For royalties due on or after February 26, 2010, the interest rate assessed on delinquent royalties shall be determined as of the date of the first business day of the year the royalty becomes delinquent and will be reduced to prime plus one percent.(i) As used herein "Prime" shall mean the prime interest rate, as published daily in the Wall Street Journal that is not a Saturday, Sunday, or legal holiday. For royalties due on a Saturday, "Prime" shall refer to the prime interest rate published on the next business day that is not a legal holiday.(ii) The interest rate shall never exceed the percentage rate as stated in the Texas Natural Resource Code at §52.131(g).(iii) Interest rates assessed hereunder shall be reset on the first business day of each calendar year; if the underlying royalties have not been paid they may be revised upward should the prime interest rate on the first business day be higher.(iv) A lessee may request in writing a reduction of interest charged or penalties assessed under Texas Natural Resource Code §52.131 or any other interest or penalties assessed by the commissioner relating to unpaid or delinquent royalties, or late filed reports. The board may consider any factors when considering such a request, including the facts and circumstances supporting the lessee's request for a reduction, any history of delinquency by the lessee, any good faith attempts of the lessee to rectify the consequences of the delinquency, including by paying the amount of the unpaid or delinquent royalty, the recommendations of staff, and the costs and risks associated with litigation. For governmental efficiency, the board may delegate to the commissioner and/or to staff designated by the commissioner for this purpose the authority to reduce interest charged or penalties assessed relating to unpaid or delinquent royalties if the aggregate amount of such penalties and interest to be reduced is equal to or less than a de minimis amount established by the board from time to time at a regular or special public meeting.(4) Corrections and adjustments to royalty payments and reports.(A) Nonroutine corrections and/or adjustments, as used in this subsection, are defined as those corrections and adjustments by which someone seeks to change, on a lease basis, the originally reported royalty due for oil or the originally reported royalty due for gas by at least $25,000 or 25%.(B) The GLO Royalty Management Division must receive at least 30 days advance written notice of the lessee's intention to take a nonroutine correction and/or adjustment which will result in a credit with written documentation explaining and supporting the requested credit. The credit may be taken 30 days after that GLO division receives such notice if by that date, the GLO has not, in writing, denied lessee permission to take the credit. If the GLO denies permission, the GLO will set forth its reasons for such denial. Any nonroutine credit improperly taken may not be used to offset royalty due on current reports. The improper application of credits will result in a current month delinquency and the assessment of associated penalties and interest. (C) Effective with the production month of March 1989, all prior month adjustments must be submitted on GLO-1 and GLO-2 report documents separate from the reports containing the current month royalty activity. The GLO-1 or GLO-2 containing prior month adjustments must be labeled as "Amended Reports" (underlined).(5) Temporary reduction of gas royalty rates.(A) Prerequisites. Application for a temporary reduction of the royalty rates established may be considered by SLB if:(i) the lease covers any of the state lands described in §9.21 of this title (relating to Leasing Guide)(ii) state land was leased by SLB on the basis of a royalty bid and at a royalty rate exceeding 25%; and(iii) the lease has not been pooled or unitized with other leases.(B) Amount of reduction. If the value of gas from such lands is at or below $3.00 for each 1,000 cubic feet of gas, the board may reduce the royalty rate for gas produced from such lands for any term set by SLB, such term to be set after September 1, 1987, and before September 1, 1990, as follows:(i) for gas valued as $1.50 or less per Mcf of gas, the board may reduce a royalty rate to 25%;(ii) for gas valued from $1.51 to $2.00 per Mcf of gas, the board may reduce a royalty rate to 30%;(iii) for gas valued from $2.01 to $2.50 per Mcf of gas, the board may reduce a royalty rate to 35%;(iv) for gas valued from $2.51 to $3.00 per Mcf of gas, the board may reduce a royalty rate to 40%.(C) Definition of value. For purposes of this paragraph, the value of the gas is defined as the highest market price paid or offered for gas of comparable quality in the general area where produced and when run, or the gross price paid is offered to the producer, whichever is greater.(D) Request for reduction. A lessee seeking the approval of SLB for a temporary reduction in gas royalty rates must make written request for an application to the Minerals Leasing Division, General Land Office, 1700 North Congress Avenue, Room 640, Austin, Texas 78701-1495. The application should be completed and returned to the Minerals Leasing Division of the GLO.(i) The applicant must submit an affidavit and documentation in support of its request for a temporary reduction of gas royalty rates. The affidavit will attest to the fact that the requirements set out in this paragraph have been satisfied. The accompanying documentation will contain pertinent lease data, production and reserve data, gas price data, development data, and any other information which may be required to support the application, including the reason for requesting a royalty reduction.(ii) SLB will consider the request for temporary reduction in gas royalty rates based upon lessee's affidavit, documents in support thereof, and the recommendation of the Minerals Leasing Division.(iii) SLB may reevaluate the temporary reduction in gas royalty rates at any time.(E) Verification of gas valuation. The gas valuation information submitted by the lessee will be subject to verification by the Royalty Audit Division.(F) Effective dates for reduced royalty rates. The reduced royalty rates shall be effective beginning the first day of the next month following approval by SLB. Royalty rates on gas produced after September 1, 1990, will not be subject to reduction under this section.(G) No retroactive effect. The reduced royalty rates will not be applied retroactively for previous months' production.(c) Marginal Properties Royalty Incentive Program.(1) Definitions. The following words and terms, when used in this subsection, shall have the following meanings, unless the context clearly indicates otherwise.(A) Active well--Any well on the qualifying property as defined in subparagraph (H) of this paragraph in actual use either as a producing well or an injection well as defined in subparagraph (D) of this paragraph during at least six months of the qualifying period as defined in subparagraph (G) of this paragraph.(B) Average daily per well production--(i) Un-pooled leases: For a given reservoir, the total oil, condensate, and/or natural gas production from the lease for the qualifying period, in BOE as defined in subparagraph (C) of this paragraph, divided by the product of 365 and the number of the reservoir's active wells on the lease. Average daily per well production is calculated in BOE/day and is rounded down to the next whole number.(ii) Pooled leases: For a given reservoir, the total oil, condensate, and/or natural gas production from the unit for the qualifying period, in BOE, divided by the product of 365 and the number of the reservoir's active wells in the unit. Average daily per well production is calculated in BOE/day and is rounded down to the next whole number.(C) Barrel of oil equivalent (BOE)--One 42-gallon barrel of crude oil, or the greater of 6,000 cubic feet (6 Mcf) of natural gas available for sale off the lease or unit or a volume of natural gas available for sale off the lease or unit with a minimum heating value of 6,000,000 British thermal units (6,000 MBtu).(D) Injection well--Any well approved by the RRC for use in the injection of gas or fluids in a secondary or tertiary enhanced recovery or pressure maintenance operation, excluding disposal wells.(E) Mcf--Thousand cubic feet.(F) Price--The five-day average spot price of West Texas Intermediate crude oil at the Midland, Texas, oil terminal as reported in The Oil Daily.(G) Qualifying period--The 12-month period immediately preceding the most recent month of production.(H) Qualifying property--Land subject to a State of Texas oil and gas lease issued pursuant to Texas Natural Resources Code, Chapter 32, Chapter 51, Subchapter E, or Chapter 52. Land subject to a free royalty reserved by the state under Texas Natural Resources Code, §51.054 or its predecessor statutes cannot be qualifying property.(I) Qualifying Gulf of Mexico property--Land described in Texas Natural Resources Code, §52.011(2), that is subject to a State of Texas oil and gas lease issued pursuant to Texas Natural Resources Code, Chapter 52, Subchapter B.(J) Qualifying reservoir--A reservoir underlying a qualifying property or a reservoir within a pooled unit that includes qualifying property, having average daily per well production during the qualifying period equal to or less than 15 BOE/day. Unless specified or unless the context clearly requires a different interpretation, the term "qualifying reservoir" includes a "qualifying Gulf of Mexico reservoir."(K) Qualifying Gulf of Mexico (GOM) reservoir--A reservoir underlying a qualifying GOM property or a reservoir within a pooled unit that includes qualifying GOM property, having average daily per well production during the qualifying period equal to or less than 50 BOE/day.(L) Reservoir--A "common reservoir" as defined in Texas Natural Resources Code, Chapter 86, Subchapter A, §86.002.(2) Qualification for Royalty Reduction.(A) The SLB may consider a lease for a royalty reduction if:(i) the average of the daily price of oil during the qualifying period was equal to or less than $25 per barrel; and(ii) the applicant submits a sworn application to the SLB which includes:(I) proof that the applicant is the lease operator as shown by the most current RRC records;(II) proof that the land is qualifying property;(III) proof that the reservoir is a qualifying reservoir, including proof of the reservoir's volume of oil, condensate, and/or natural gas produced from, or attributable to, the lease during the qualifying period;(IV) a representation that the lease is in force and effect; and(V) such additional information as may be required upon written request by GLO staff.(B) GLO staff will review the application and submit it and a recommendation to the SLB. The staff shall include in the recommendation information regarding any other royalty interests in the tract, including royalty interests held by owners of the soil (or their successors in interest) of Relinquishment Act lands, as defined in §9.1 of this title (relating to Definitions). Thereafter, if the SLB finds that all requirements under subparagraph (A) of this paragraph are met, the SLB may approve the application or may condition approval on specified requirements. In determining whether to grant a reduction in the royalty rate, the SLB may consider whether the qualifying property or qualifying Gulf of Mexico property is being operated efficiently, including whether the property is pooled or has reasonable potential for the application of secondary or tertiary recovery techniques. If a qualifying reservoir for which a royalty rate reduction is sought under this section is included in a unit subject to SLB authority, the SLB may modify the terms and conditions for the unit as a condition of approving the requested reduction in the royalty rate. The SLB has the sole discretion to grant final approval. SLB approval of a reduced royalty applies only to the qualifying reservoir. The effective date of the royalty rate reduction is the first day of the month following SLB approval of the application. A reduced royalty under this incentive program is available only for a lease issued or approved by the state that is in effect on, or takes effect on or after, the effective date of this subsection.(C) The approval of an application shall not constitute a finding that a lease has been maintained in force and effect or otherwise ratify or revive any lease.(3) Royalty Rate. After the SLB approves an application:(A) the SLB will determine the qualifying reservoir's applicable royalty rate according to the published reduced royalty schedules. The SLB may not set the royalty at a rate less than the lowest rate provided by statute for the category of property for which application is made.Attached Graphic(B) Except as provided in subparagraph (C) of this paragraph, the royalty rate may not be reduced to less than 6.25% of 100% (one-sixteenth of eight-eighths).(C) Royalty rate under specific types of leases:(i) The royalty rate owed to the state under a lease issued under Texas Natural Resources Code, Chapter 52, Subchapter F (Relinquishment Act leases) or §51.195(c)(2) or (d) may not be reduced under this subsection to less than 3.125% of 100% (one thirty-second of eight-eighths). The state's royalty rate may not be reduced under this clause only if the aggregate royalty rate for the owner(s) of the soil is reduced in the same proportion. Only royalty payable by the lessee to the commissioner may be reduced by the SLB pursuant to this rule.(ii) The royalty rate under a lease issued under Texas Natural Resources Code, Chapter 52, Subchapter C (riverbed leases), may not be reduced to a rate lower than the rate under a lease of land that:(I) adjoins the land leased under Subchapter C; and(II) is held or operated by, or is under the significant control of, the state's lessee.(iii) The royalty rate under a lease issued under Texas Natural Resources Code, Chapter 32, Subchapter F (highway leases), may not be reduced to a rate that is lower than the rate under a lease of land that adjoins the land leased under Subchapter F.(D) The qualifying reservoir's reduced royalty rate applies for two years from the effective date of the royalty rate reduction. The SLB may extend the reduced rate for additional periods not to exceed two years each. An operator may apply for a two-year extension by filing an affidavit that the conditions that existed at the time that the original royalty rate reduction was granted have not changed materially. The GLO or the SLB may require an operator to submit additional information in support of an application for extension. An operator may apply for further royalty reduction to a qualified reservoir during the anniversary month of the effective date of the current royalty rate reduction.(E) Except as provided in subparagraph (F) of this paragraph, a reservoir that has not produced during the preceding 12 months and is located under, or is attributable to, a lease with a royalty reduction under this program, may be granted the lowest royalty rate currently allowed by the SLB for any other reservoir under, or attributable to, that lease. Such rate applies for two years from the month production from the newly productive reservoir commences. An operator must request and obtain written approval from the GLO for reduced royalty under this subparagraph.(F) On leases with a royalty reduction under this program, a reservoir below the stratigraphic equivalent of any producing qualifying reservoir under, or attributable to, that lease may be granted the lowest royalty rate currently allowed by the SLB for any other reservoir under, or attributable to, that lease. To qualify for such reduced royalty, the deeper reservoir production cannot exceed 15 BOE per day per well (50 BOE for Gulf of Mexico properties), as shown by well tests and/or other appropriate data. If the deeper reservoir production exceeds 15 BOE per day per well (50 BOE for Gulf of Mexico properties), the royalty rate for such production is the rate specified in the lease. A royalty reduced under this subparagraph applies for one year from the month production from the deeper reservoir commences, after which the reduction terminates unless the operator by application seeks and obtains SLB approval for the reduction for that deeper reservoir. (G) If the minimum annual royalty payment provided for in the lease exceeds the SLB-approved reduced royalty, the reduced royalty is the amount due from the lessee as the minimum annual royalty payment.(H) If over a consecutive six-month period the average of the daily price of oil exceeds $25 per barrel, the SLB may terminate all previously granted royalty rate reductions upon 60 calendar days notice in writing to the operators of the leases for which royalty reduction has been granted. Source Note: The provisions of this §9.51 adopted to be effective January 7, 1999, 24 TexReg 161; amended to be effective July 18, 2004, 29 TexReg 6723; amended to be effective March 8, 2010, 35 TexReg 2016; amended to be effective September 4, 2016, 41 TexReg 6500; amended to be effective August 25, 2024, 49 TexReg 6235. 1 GENERAL LAND OFFICE 9 EXPLORATION AND LEASING OF STATE OIL AND GAS D PAYING ROYALTY TO THE STATE §9.51 Royalty and Reporting Obligations to the State https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=218902&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 218902 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=218902&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 218902 03/11/2026 (a) Approval. An agreement to pool or unitize any state leases or royalty interests or to amend an existing unit must be approved by the SLB or appropriate board or agency and executed by the commissioner to be effective. When necessary, the SLB meets on the first and/or third Tuesday of each month.(b) Procedure.(1) Submit a completed pooling or production sharing application and the processing fee prescribed by §3.31 of this title, (relating to fees) to the GLO. Application forms may be obtained from the GLO upon request. The application must be submitted at least 30 business days prior to the SLB meeting at which the application will be considered. If not timely submitted, the application will be considered at the next available meeting. Any proprietary information submitted with the application shall be kept confidential as required by law, and upon request of applicant, will be returned after examination by GLO staff. The application should include the following information if available:(A) a legal description of the area to be pooled (or to be subject to production sharing) and a list of the affected leases;(B) geological and geophysical data; e.g., structural maps, isopach maps, cross-sections, productive limits, engineering studies and analysis;(C) electrical and/or geophysical logs;(D) information on wells drilled in the general area of the proposed unit, and current production rates of offset wells;(E) names of all the working interest owners in the leases (or units) to be pooled (or from which production will be shared) and the names and respective capacities (e.g., president, vice-president, attorney-in-fact, etc.) of the persons authorized to execute the pooling or production sharing agreement;(F) for Relinquishment Act Leases, a list of the owners of the soil who have not authorized pooling in the lease and will be executing the pooling agreement; and(G) any other data which may be requested.(2) Pooling and production sharing applications will be reviewed by GLO staff and the pooling committee. The pooling committee consists of a representative from the GLO and the governor's office. The pooling committee meets to review pooling applications before the week of an SLB meeting. An appearance before the pooling committee is generally not required, however, an applicant may be present while the application is considered. The pooling committee will present the terms of the application to the SLB and make a recommendation.(c) Agreement provisions. After pooling approval by the SLB, the state's form of pooling agreement, or ratification will be prepared by the GLO and sent to the applicant for signature. The agreement may provide:(1) the effective date of the agreement;(2) the term of the agreement, whether it be for a specified term (a temporary pooled unit) or for so long as the pooled mineral is produced from the pooled unit or the leases in the unit are otherwise maintained in force (a standard pooled unit). A new pooling application should be submitted prior to the expiration of a temporary pooled unit to extend its term or to obtain a standard pooled unit;(3) the manner in which unit production is to be allocated to each tract within the unit (e.g., surface acres, productive acreage or volumetric calculation, etc.); and(4) any other provisions which the SLB considered necessary to protect the state's interests.(d) Requirement of timely execution.(1) If the pooling agreement or ratification is not signed and returned to the GLO within 90 days of approval by the SLB, or within 30 days after the approved pooling agreement or ratification has been sent to the applicant by the GLO, whichever date is later, the agreement or ratification shall be of no force and effect, unless a written request is made and accepted by the GLO to extend the 90 or 30 day period, as applicable.(2) An applicant may resubmit a pooling or production sharing application to the GLO. Source Note: The provisions of this §9.81 adopted to be effective January 7, 1999, 24 TexReg 146; amended to be effective August 9, 2009, 34 TexReg 5379; amended to be effective June 11, 2024, 49 TexReg 4058. 1 GENERAL LAND OFFICE 9 EXPLORATION AND LEASING OF STATE OIL AND GAS E POOLING AND UNITIZING STATE PROPERTY §9.81 Pooling and Unitizing of State Property https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=141552&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 141552 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=141552&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 141552 03/11/2026 (a) Any discontinuance of a leasehold relationship, except for termination, is effective only upon complete compliance with §§9.91 - 9.95 of this subchapter. Terminations are effective according to the terms of the lease and the laws of the state.(b) The leasehold relationship between the state and a lessee of state oil and gas may be discontinued by any of the following: (1) release;(2) assignment;(3) termination;(4) forfeiture.(c) Effect of discontinuing the leasehold relationship. When the discontinuance of a leasehold relationship becomes effective, the lessee shall be relieved of all further obligations to the state due to the lessee's ownership of the lease except for the following:(1) those obligations, liabilities, penalties, or the like owed by the lessee to the state as of the effective date of the release, termination, forfeiture, or assignment;(2) the duty to pay all royalty owed by lessee in the manner set out in the lease and this chapter on all oil or gas produced under the lease as of the date of the discontinuance of the leasehold relationship;(3) the accrual of penalty and interest, as set out in this chapter on any delinquent royalty or report owed by the lessee;(4) the duty to file with the GLO the reports, applications, and other records required by the lease, statutes, and/or this chapter regarding any activity by the lessee or lessee's operator relating to the previously leased premises and/or production therefrom; and(5) if all oil and gas production, drilling, and rework activity has ceased on a well, the following clean-up duties:(A) the duty to comply with all federal and state laws, particularly RRC and GLO statutes and administrative rules and United States Corps of Engineers regulations relating to plugging and abandoning wells and cleaning the property;(B) the duty to remove all oil stored on the property and clean any residue remaining on the property. If such is not completed within 120 days of when the discontinuance of the leasehold relationship becomes effective, the state, at its option, may find that the lessee has abandoned the oil, and may take possession of the oil and dispose of it in a manner that is in the state's best interest;(C) the duty to remove all equipment, structures, machinery, tools, supplies, and other items on the property and otherwise restore the property to the condition it was in immediately preceding issuance of that lease. If such is not completed within 120 days of when the discontinuance of the leasehold relationship becomes effective, a presumption shall arise that these items have been abandoned by the lessee or operator and the commissioner may exercise the states rights pursuant to Natural Resources Code §51.302 et seq.; (D) with regard to operations in Texas state waters, the duty to remove all equipment, structures, machinery, tools, supplies, and other items on the property and otherwise restore the property to the condition it was in immediately preceding issuance of that lease. This duty will not be fulfilled until:(i) lessee has examined an area within a 300-foot radius surrounding each wellbore on a given tract using one of the following means: side-scan sonar, trawler drag, divers, or any other method approved in writing by the GLO prior to use; and(ii) a notarized affidavit shall be filed with the GLO within 120 days of when the discontinuance of the leasehold relationship becomes effective. It shall be signed by a senior officer of the company or a principal of any other entity and shall state that the property has been cleared of all navigational hazards and obstructions and has been restored as close as practicable to the condition that it was in immediately preceding issuance of that lease; and(E) the duty to remove all fills for roads and drill sites if requested by the commissioner.(d) Discharge of clean-up duties. Lessee shall be liable for any damages incurred due to lessee's failure to comply with subsection (c)(5) of this section. Within the parameters authorized by state and federal laws and regulations, the commissioner may agree in writing to excuse lessee from all or part of these duties. Source Note: The provisions of this §9.91 adopted to be effective January 7, 1999, 24 TexReg 146; amended to be effective August 9, 2009, 34 TexReg 5379. 1 GENERAL LAND OFFICE 9 EXPLORATION AND LEASING OF STATE OIL AND GAS F DISCONTINUING THE LEASEHOLD RELATIONSHIP §9.91 General Provisions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=141553&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 141553 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=141553&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 141553 03/11/2026 (a) Release of a state oil and gas lease.(1) Availability. All or part of a state oil and gas leasehold interest may be released to the state by its lessee at any time. See also Texas Natural Resources Code, §52.027.(2) Procedure. A release is effectuated only by complete compliance with the following:(A) recording the release in each county in which any part of the original acreage covered by the lease is located;(B) filing with the GLO the recorded original or a certified copy of the recorded original of each release recorded as required by this subsection within 90 days after the execution of each such release; and(C) properly paying the filing fees and providing the information as required in subsection (b) of this section.(b) Fees and other required information. The following must accompany each release and counterpart required to be filed in the GLO under this section:(1) a list clearly designating each state lease, as identified by its mineral file number, affected by the release;(2) the payment of the filing fee required by §3.31 of this title, (relating to Fees) for each state lease, as identified by its mineral file number, affected by the release;(3) an adequate legal description of the premises released including the survey name, block, township, county, and any other descriptive information requested by the GLO;(4) in cases of vertical severance, partial releases shall be filed in the same manner as complete releases are filed, and must include a metes and bounds description of the area so released, including relevant plats, unless the area released can be and is accurately described as a part of the section; and(5) in cases of horizontal severance, a partial release shall be filed in the same manner as complete releases are filed, and must include a description of all relevant depths and formations.(c) If a release is not properly filed within 90 days of its execution, then the filing fee due shall be double the normal fee.(d) Release of terminated lease.(1) A lessee should record and file a release of a terminated lease in the manner set out in this subsection. Such filing must be made in accordance with all of the requirements of this section.(2) A lessee's failure to file a release does not prevent the automatic termination of a lease.(e) Acceptance by the GLO. The GLO may waive any or all of the requirements of this section and accept a signed release even if lessee has failed to fully comply with this section. Source Note: The provisions of this §9.92 adopted to be effective January 7, 1999, 24 TexReg 146; amended to be effective August 9, 2009, 34 TexReg 5379. 1 GENERAL LAND OFFICE 9 EXPLORATION AND LEASING OF STATE OIL AND GAS F DISCONTINUING THE LEASEHOLD RELATIONSHIP §9.92 Release https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=141554&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 141554 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=141554&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 141554 03/11/2026 (a) Assignment of a state oil and gas lease. All or part of a state oil and gas leasehold interest may be assigned at any time, except as prohibited by statute, administrative rule, or common law. All assignments, including assignments of overriding royalty interests on Relinquishment Act lands, must be recorded in each county in which all or part of the original acreage covered by the lease is located. The original recorded assignment or a certified copy thereof shall be filed in the GLO within 90 days of its execution. For purposes of this paragraph, the last execution date shown on the instrument shall be deemed to be the date of execution. The following must accompany each assignment required to be filed and every counterpart so filed in the GLO under this subsection:(1) a list clearly designating each state lease, as identified by its mineral file number, affected by the assignment;(2) the payment of the filing fee required by §3.31 of this title, (relating to Fees) for each state lease, as identified by its mineral file number, affected by the assignment;(3) an adequate legal description of the premises assigned, including the survey name, block, township, county, and any other descriptive information requested by the GLO;(4) in cases of vertical severance, partial assignments of state oil and gas leases shall be filed in the same manner as complete assignments are filed, and must include a metes and bounds description of the area so assigned, including relevant plats, unless the area assigned can be and is accurately described as a part of the section; and(5) in cases of horizontal severance, partial releases of state oil and gas leases shall be filed in the GLO, and shall include a description of all relevant depths and formations.(b) Any assignment not accompanied by the required information or fees shall not be accepted for filing. If an assignment is not properly filed within 90 days of its execution, the filing fee due shall be double the usual fee.(c) In-lieu assignments will not be accepted or filed in the records of the GLO.(d) An assignee cannot use a failure to comply with the requirements in this section to avoid its liability to the state.(e) The liability of an assignor of any state oil and gas lease to properly discharge its obligations under the lease, including properly plugging abandoned wells, removing platforms or pipelines, or remediation of contamination at drill sites shall pass to the assignee upon proper written consent of the commissioner. The commissioner may not withhold the consent unreasonably. The commissioner may require the transferee to demonstrate that it has the financial responsibility to properly discharge its obligations under the lease and may require the transferee to post a bond or provide other security to secure those obligations if the transferee is unable to demonstrate such financial responsibility to the satisfaction of the commissioner.(f) If an assignment has not been properly filed, the commissioner may forfeit the lease at his discretion.(g) The current holder of a lease or of any interest therein shall be responsible for proper filing with the GLO of any assignments not previously filed by any predecessor in interest.(h) The heir, devisee, executor, or administrator, as the case may be, of the estate of an assignee may file a statement of the parties entitled to hold the interest of the assignee in the lease. Such statement should include a list by mineral file number of all leases affected. No filing fee shall be required.(i) Should an assignee formally change names, a notice of name change, accompanied by a list of file numbers of all leases affected, shall be submitted to the GLO. No filing fee shall be required.(j) A corporate merger shall be considered an assignment under this section. A certified copy of the certificate of merger shall be furnished to the GLO not later than 90 days after it is accepted for filing by the Secretary of the State of Texas. A list of each state lease affected by the merger shall accompany the certified copy of the certificate of merger. Leases held by the surviving corporation prior to the merger need not be listed, unless the name of the surviving corporation is changed, in which event subsection (i) of this section shall apply.(k) A deed of trust, mortgage or other security agreement shall be considered an assignment under this subsection. If a state lease is subject to a deed of trust, mortgage or other security agreement, a memorandum of such instrument shall be furnished to the GLO in accordance with this section.(l) Upon complete compliance with this subsection, the assignee will:(1) succeed to all rights and be subject to all liabilities, obligations, penalties, and the like incurred by any prior lessee, including any liability to the state for unpaid royalty; and(2) assume all obligations, liabilities, and consequences arising from all covenants, conditions, and terms (whether express or implied) of the lease.(m) Assignments of Relinquishment Act lease to surface owner. A surface owner may acquire by assignment a lease which he or she executed on land subject to the Relinquishment Act only by complying with Texas Natural Resources Code, §52.188, and any other relevant laws or regulations. See also §9.22(2) of this title, (relating to Leasing Procedures).(n) Acceptance of an assignment by the GLO does not waive any claim the agency may have against a party relating to that assignment. Source Note: The provisions of this §9.93 adopted to be effective January 7, 1999, 24 TexReg 146; amended to be effective July 18, 2004, 29 TexReg 6723; amended to be effective August 9, 2009, 34 TexReg 5379. 1 GENERAL LAND OFFICE 9 EXPLORATION AND LEASING OF STATE OIL AND GAS F DISCONTINUING THE LEASEHOLD RELATIONSHIP §9.93 Assignments https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=62903&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 62903 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=62903&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 62903 03/11/2026 (a) Causes. The circumstances under which a state oil and gas lease will terminate are determined by certain provisions in each lease and by the laws of the state.(b) Procedure.(1) Termination occurs automatically whenever a condition of a lease, as defined by the lease and the laws of the state, is not met.(2) When the GLO becomes aware of facts and circumstances which would result in the termination of a lease, the GLO will, as a courtesy, issue an initial notice of termination to the lessee as shown by the GLO files. This notice shall inform the lessee of the GLO's determination that the lease at issue has terminated and the reasons for this determination. This notice shall also inform the lessee that the lessee has 30 days in which to present evidence and convince the GLO that a termination has not occurred.(3) If such evidence has not been presented at the expiration of the 30-day period, the mineral file shall be endorsed "terminated."(4) Should such evidence be presented to the GLO within the 30-day period, the GLO shall review it and determine if it proves to the GLO's satisfaction that the lease at issue did not terminate. If the GLO is not so persuaded, a final notice stating this conclusion and the GLO's reasons shall be sent to the lessee and the mineral file shall be endorsed "terminated." If the GLO is persuaded by the evidence presented that the lease at issue did not terminate, a letter explaining this conclusion shall be sent to the lessee and filed in the mineral file.(5) Failure of the GLO to send these notices, or failure of the appropriate parties to receive these notices, will not in any way affect the termination itself nor alter any liabilities accruing before or after termination.(c) Release. See §9.92(d) of this title, (relating to Release), for the requirement of filing releases of terminated leases. Source Note: The provisions of this §9.94 adopted to be effective January 7, 1999, 24 TexReg 146. 1 GENERAL LAND OFFICE 9 EXPLORATION AND LEASING OF STATE OIL AND GAS F DISCONTINUING THE LEASEHOLD RELATIONSHIP §9.94 Termination https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=62904&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 62904 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=62904&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 62904 03/11/2026 (a) Forfeiture for failure to drill an offset well.(1) Duty. See §9.37 of this title, (relating to Offset Well Obligations & Compensatory Royalties) for a full discussion of the duty to drill offset wells.(2) Subject to forfeiture. A lease is subject to forfeiture if there is a failure or refusal to:(A) begin the drilling operation required in §9.37 within the proper time frame set out in that section; or(B) prosecute this activity as required and as is necessary to reasonably develop the state land and to protect it against drainage.(b) Forfeiture for other breaches. Other circumstances under which a state oil and gas lease may be forfeited are determined by certain provisions in each lease or by the laws of the state.(c) Procedure.(1) When sufficiently informed of facts which subject a lease to forfeiture, it shall be the commissioner's policy to mail notice that the lease is being considered for forfeiture to those then shown in GLO records as the current lessee of the lease; and allow the lessee 30 days in which to present evidence and convince the commissioner that the commissioner should not forfeit the lease. The commissioner may, however, forfeit a lease without this prior notice in circumstances where the commissioner deems such action necessary to protect the best interest of the state. Failure of the commissioner to send this prior notice, or failure of the appropriate parties to receive this prior notice, will not in any way affect the validity of the forfeiture itself. However, upon any forfeiture, the lessee may request a reinstatement of the lease as set out in subsection (d) of this section.(2) When sufficiently informed of facts which subject a lease to forfeiture, it is within the commissioner's discretion to forfeit that lease by endorsing the following on the mineral file:(A) words declaring the lease forfeited;(B) the commissioner's signature; and(C) the date these actions are taken.(3) Upon such endorsement, the lease and all rights and payments made thereunder shall be deemed forfeited.(4) Promptly after forfeiture, the GLO shall mail notice of this action to those then shown in the GLO records as the current lessees of the lease and, in the case of Relinquishment Act land, to the surface owners then shown in the GLO records.(d) Reinstatement.(1) Within 30 days of forfeiture for failure to drill an offset well and upon satisfactory evidence of future compliance with the applicable laws, the commissioner has the discretion to reinstate the lease upon the terms required by law and upon any other terms the commissioner may prescribe.(2) For forfeitures due to other breaches, the commissioner has the discretion to reinstate the lease at any time before the rights of another intervene. Upon satisfactory evidence of the lessee's future compliance with the applicable laws, and with any other term the commissioner may prescribe, the lease may be reinstated. Source Note: The provisions of this §9.95 adopted to be effective January 7, 1999, 24 TexReg 146. 1 GENERAL LAND OFFICE 9 EXPLORATION AND LEASING OF STATE OIL AND GAS F DISCONTINUING THE LEASEHOLD RELATIONSHIP §9.95 Forfeiture https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143525&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 143525 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143525&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 143525 03/11/2026 (a) Definitions. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Board--The School Land Board.(2) Commissioner--The commissioner of the General Land Office.(3) GLO--The General Land Office.(4) Land trade lands--Lands, the surface of which have been sold or traded with mineral rights and leasing rights retained by the state.(5) Mineral--Any naturally occurring inorganic or organic substance formed through geological processes having a definite chemical composition or a range of characteristic chemical compositions, and distinctive physical properties or molecular structure, or an aggregate thereof, that may be extracted from the earth with an expectation of profit. This includes, but is not limited to, base and precious metals; industrial minerals, such as gypsum, sulphur, talc, etc.; coal and lignite; construction materials such as granite, limestone, rhyolite and other rock that may be quarried for dimension stone or crushed for aggregate; or sand, gravel, caliche, clay and borrow material.(6) Person--Any individual, partnership, corporation, association, or other legal entity.(7) PSF--The Permanent School Fund.(8) PUF--The Public University Fund.(9) Relinquishment Act lands--Any public free school or asylum lands, whether surveyed or unsurveyed, sold with a mineral classification or reservation between September 1, 1895, and August 21, 1931. For the purposes of this chapter and for convenience, the term "Relinquishment Act lands" shall encompass any other lands, including vacancy lands, patented with all minerals reserved to the state and expressly made subject to the leasing terms and procedures governing Relinquishment Act lands.(10) Relinquishment Act leases--Leases issued under the Texas Natural Resources Code, Chapter 53, Subchapter C, and §10.5 of this title (relating to Mining Leases on Relinquishment Act Lands).(11) RRC--The Texas Railroad Commission.(12) SLB--The School Land Board.(13) Surface mining--The mining of minerals by removing the overburden, if any, lying above the natural deposit of minerals and mining directly from the natural deposits that are exposed. The term does not include in situ mining activities.(14) TDC--The Texas Department of Corrections.(15) TPWD--The Texas Parks and Wildlife Department.(b) Exploration and development guide. For exploration and development for oil and gas, see Chapter 9 of this title (relating to Exploration and Leasing of State Oil and Gas). Minerals, other than oil and gas, underlying state lands are explored and leased in the following ways, depending upon the type of mineral and the type of land.(1) PSF lands, upland.(A) Coal, lignite, sulphur, salt, and potash: leased by sealed bid by the SLB. See the Texas Natural Resources Code, Chapter 53, Subchapter E and I, and §10.4 of this title (relating to Exploration and Mining Leases for Minerals Subject to Sealed Bid).(B) All other minerals, explored and mined under prospect permits and leases issued by the GLO. See the Texas Natural Resources Code, Chapter 53, Subchapter B; §10.2 of this title (relating to Prospect Permits on State Lands) and §10.3 of this title (relating to Mining Leases on Properties Subject to Prospect).(2) PSF lands, submerged, and state-owned riverbeds and channels.(A) Coal, lignite, sulphur, salt, and potash: subject to exploration under §10.4 of this title (relating to Exploration and Mining Leases for Minerals Subject to Sealed Bid). Leased by sealed bid by the SLB. See the Texas Natural Resources Code, Chapter 53, Subchapter E; §10.4 of this title (relating to Exploration and Mining Leases for Minerals Subject to Sealed Bid).(B) Marl, shell, sand, gravel, and mudshell: mined under permit issued by the TPWD. See the Texas Parks and Wildlife Code, Chapter 86.(C) All other minerals: subject to exploration under §10.2 of this title (relating to Prospect Permits on State Lands). Mined under leases issued by the GLO. See the Texas Natural Resources Code, Chapter 53, Subchapter B; §10.2 of this title (relating to Prospect Permits on State Lands) and §10.3 of this title (relating to Mining Leases on Properties Subject to Prospect).(3) Relinquishment Act lands. All minerals: leased by surface owner as agent for the state. See the Texas Natural Resources Code, Chapter 53, Subchapter C; §10.5 of this title (relating to Mining Leases on Relinquishment Act Lands).(4) Land trade lands.(A) Coal, lignite, sulphur, salt, and potash: leased by sealed bid by the SLB. See the Texas Natural Resources Code, Chapter 53, Subchapter E; §10.4 of this title (relating to Exploration and Mining Leases for Minerals Subject to Sealed Bid).(B) All other minerals, explored and mined under prospect permits and/or leases issued by the GLO. See the Texas Natural Resources Code, Chapter 53, Subchapter B; §10.2 of this title (relating to Prospect Permits on State Lands) and §10.3 of this title (relating to Mining Leases on Properties Subject to Prospect).(5) State agency lands (except TPWD and TDC lands). All minerals: leased by sealed bid by the SLB. See the Texas Natural Resources Code, Chapter 32, Subchapters D and E; Chapter 153 of this title (relating to Exploration and Development).(6) TDC and TPWD lands. All minerals: leased by sealed bid by the appropriate board for lease. See the Texas Natural Resources Code, Chapter 34; §§201.5 - 201.8 of this title (relating to Land for Lease; Excluded Land; Lease Sale; and Nominations of Tracts for Lease).(7) PUF lands. All minerals: lease or otherwise develop as decided by the board of regents. See the Texas Education Code, §66.44. Source Note: The provisions of this §10.1 adopted to be effective March 22, 1989, 14 TexReg 1280; amended to be effective July 11, 2004, 29 TexReg 6308; amended to be effective December 10, 2009, 34 TexReg 8776. 1 GENERAL LAND OFFICE 10 EXPLORATION AND DEVELOPMENT OF STATE MINERALS OTHER THAN OIL AND GAS §10.1 Definitions; Exploration and Development Guide https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143526&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 143526 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143526&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 143526 03/11/2026 (a) Lands and minerals subject to prospecting. See §10.1 of this title (relating to Definitions; Exploration and Development Guide) to determine which lands and minerals are subject to prospect permit procedures. Generally, minerals other than coal, lignite, sulphur, salt, and potash, on PSF fee lands and land trade lands are subject to prospecting under this section.(b) If the commissioner determines that a certain mineral is present on a state tract subject to prospect, and that it is in the best interest of the PSF to issue a prospect permit to the highest and best bidder pursuant to a competitive bidding process, the commissioner shall offer the tract for prospect in accordance with §10.4(c), (d) and (e) of this title pertaining to the procedure for competitive lease sales.(c) Application requirements and procedures.(1) Any person, firm, or corporation desiring to apply for a prospect permit shall make written application upon the form prescribed by the commissioner and furnished by the GLO. The application to prospect shall include:(A) a description of the tract of land which identifies it by the section number, part of section or survey to be prospected, township number, and/or certificate number, if applicable, survey name, block number, number of acres to be prospected, and county or counties in which the land lies and, if land trade lands, the name and address of surface owner of record in the tax assessor's office; and(B) the name, address, phone number, and taxpayer ID number of the applicant. If the applicant is a corporation, the corporate name, address, phone number, Texas Comptroller's taxpayer ID number, and the name of the officer authorized to execute applications for permits and leases.(2) The application to prospect shall be for an area not in excess of 640 acres with a 10% tolerance for tracts, sections, and surveys that contain more than 640 acres.(3) The application to prospect may be for a part of a section if the part is described by field notes of record in the GLO or if the part can accurately be described as a part of the section such as the NE/4.(4) The application to prospect shall be accompanied by the filing fee prescribed by §3.31 of this title (relating to Fees) and, except as otherwise provided in §10.5(g)(7) of this title (relating to Mining Leases on Relinquishment Act Lands) the first year's rental payment of not less than $1.00 per acre.(5) Within 10 days of receipt of an application for permit on lands whose surface is owned or leased by TPWD or is subject to a conservation easement in favor of TPWD, the GLO shall notify the executive director of the TPWD that an application for permit has been received.(6) Permits or immediate lease applications issued under §10.3(b)(1) of this title (relating to Mining Leases on Properties Subject to Prospect) will be considered on the basis of the order in which applications to prospect are received unless the commissioner determines that it is in the best interest of the PSF to do otherwise. An application will be determined to be received on the date and time receipt is acknowledged by the staff of the GLO.(7) If an application to prospect is received for a tract of land encumbered by a previously received application or by a valid prospect permit, the application may be rejected. If so, the applicant will be notified and all monies tendered will be refunded.(8) An applicant may request that the application to prospect be withdrawn. If the request is received prior to processing of the prospect permit, all monies tendered will be refunded.(9) An applicant may be requested to supplement the application with information in order that the land office may determine whether issuance of the permit will be in the best interest of the PSF.(d) Prospect permit issuance and requirements.(1) After the application requirements have been satisfied, a prospect permit, if granted, will be issued on a form prescribed and furnished by the GLO, unless an immediate lease is approved (See §10.3(b)(1) of this title), in which case no permit will be issued.(2) The prospect permit will be for a term of up to one year from the date of application and, will require an advance annual rental payment of not less than $1.00 per acre.(3) On the same day a permit is issued under this section on land whose surface is owned or leased by TPWD or is subject to a conservation easement in favor of TPWD, the GLO will notify TPWD of the issuance of the permit. The permit issued on such land will state that the surface of such land is owned or leased by TPWD or is subject to a conservation easement in favor of TPWD. Such permit will also state the name of the TPWD park or area manager responsible for the surface of such land.(4) On land trade lands, the GLO will notify the surface owner that a permit has been issued if the surface owner requests such notice in writing by furnishing the GLO with a current mailing address and a legal description of each tract on which he desires such notice. Notice will also be sent to the surface owner at the address supplied on the application form. Failure to receive notice will not affect the validity of a permit issued under this section.(e) Prospect permit renewal.(1) Permittee may request a renewal of a permit by tendering the appropriate rental payment and filing fee before the expiration date of the current permit. Prospect permit renewals, if granted, will be issued on a form prescribed and furnished by the GLO and shall extend the term of the permit for up to one year from the expiration date.(2) Subject to the discretion of the commissioner, a prospect permit may be renewed up to and including four times, allowing the holder to retain the permit for five consecutive periods from the date of issuance of the original prospect permit. At the time a permittee requests renewal of a permit, a determination of whether the permittee has exhibited good faith in prospecting, whether the permittee has complied with all GLO rules and regulations and whether issuance of the permit is in the best interest of the PSF will be considered in the decision to grant or deny a renewal.(3) If the holder of a prospect permit allows the permit to expire without filing for renewal, a new application must be submitted. Priority of competing applications are governed by subsection (c)(7) of this section.(f) Assignments and releases. Prospect permits may be assigned or released in accordance with §10.8 of this title (relating to Assignments, Releases, Reports, Royalty Payments, Inspections, Forfeitures, and Reinstatements). The assignment or release must be filed with GLO and must be accompanied by the filing fee prescribed by §3.31 of this title (relating to Fees).(g) Reports and inspections.(1) Permittee must comply with all requirements of §10.7 of this title (relating to Conduct of Exploration and Mining Operations) and §10.8 of this title (relating to Assignments, Releases, Reports, Royalty Payments, Inspections, Forfeitures, and Reinstatements).(2) All prospecting operations shall be subject at any time to inspection by the commissioner or an authorized representative. Information or data pertaining to prospecting operations shall be furnished to the commissioner or an authorized representative upon request. Source Note: The provisions of this §10.2 adopted to be effective March 22, 1989, 14 TexReg 1280; amended to be effective May 26, 1992, 17 TexReg 3473; amended to be effective July 11, 2004, 29 TexReg 6308; amended to be effective December 10, 2009, 34 TexReg 8776. 1 GENERAL LAND OFFICE 10 EXPLORATION AND DEVELOPMENT OF STATE MINERALS OTHER THAN OIL AND GAS §10.2 Prospect Permits on State Lands https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143527&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 143527 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143527&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 143527 03/11/2026 (a) Lands and minerals subject to lease. Those tracts of land and those minerals subject to prospect permit are subject to lease under this section. See §10.1 of this title (relating to Definitions; Exploration and Development Guide).(b) Lease application requirements and procedures.(1) In an application for prospect permit on a state tract, an applicant may indicate that a specific mineral is located on the state tract and request an immediate issuance of a lease on that tract. A lease may be issued to the applicant in lieu of a prospect permit if the commissioner of the GLO determines that such a mineral is located on the state tract and that issuance of a lease to the applicant is in the best interest of the PSF.(2) At any time during the effective period of a prospect permit, the permittee may submit an application to lease the area covered by the prospect permit or a designated portion thereof.(3) Application to lease shall include:(A) an identification of the applicant's prospect permit;(B) the date of issuance of the prospect permit;(C) a description of the tract of land which identifies it by section number, part of the section or survey to be leased, block number, township number, and/or certificate number, if applicable, survey name, number of acres contained in the section, and county or counties in which the land lies and, if land trade lands, the name and address of surface owner of record in the tax assessor's office;(D) the name, address, phone number, and Texas Comptroller's taxpayer ID number of a non-corporate applicant;(E) the corporate name, phone number, Texas Comptroller's taxpayer ID number, address, the name of the officer authorized to execute permits and leases;(F) designation of the mineral or minerals proposed to be mined;(G) statement of the applicant's proposed lease terms; and(H) field notes prepared by the county surveyor or a licensed state land surveyor describing the area to be leased, if such area is less than that covered by the prospect permit and cannot be accurately described as a part of the section, such as NE/4.(4) The TPWD may review the leasing of lands whose surface is owned or leased by TPWD or is subject to a conservation easement in favor of TPWD, but whose minerals are subject to lease under this section. Within 10 days of receipt of an application to lease on such lands, the GLO shall notify the executive director of TPWD.(5) The application to lease shall be accompanied by a filing fee prescribed by §3.31 of this title (relating to Fees) and the proposed lease payment which shall not be less than $2.00 per acre.(6) In order to fully evaluate the application to lease, GLO staff may request that an applicant submit additional information, including information about the proposed mining operation.(7) Each application to lease shall be subject to the approval of the commissioner and will be evaluated by the staff in order to determine whether the lease is in the best interest of the state by considering the following:(A) whether the proposed lease terms and conditions are in conformity with the Texas Natural Resources Code, §§53.015 - 53.030, 53.155, and this section;(B) whether the proposed lease terms are comparable to the best leases in the area which cover the same mineral or minerals;(C) whether the proposed lease terms are compatible with other valuable uses of the leased premises; and(D) whether the lease terms adequately compensate the PSF for the loss of other valuable uses of the leased premises.(8) If the commissioner rejects an application to lease, the applicant will be notified and will be advised of the specific reasons for the denial. Applicant may appeal being denied a lease by requesting a hearing.(c) Issuance of mining lease.(1) Leases will be upon a form prescribed and furnished by the GLO and will include those provisions the commissioner considers necessary for the protection of the interests of the state.(2) Upon approval of an application to lease, a lease will be prepared with the appropriate terms and conditions, signed by the commissioner, affixed with the seal of the GLO, and delivered to the lessee.(3) On the same day that a lease is issued under this section on land whose surface is owned or leased by TPWD or is subject to a conservation easement in favor of TPWD, the GLO shall notify TPWD of the issuance of the lease. Such lease shall state that the surface of such land is owned or leased by TPWD or is subject to a conservation easement in favor of TPWD and shall list the name of the TPWD park or area manager responsible for the surface of such land.(4) On land trade lands, the GLO will notify the surface owner that a lease has been issued if the surface owner requests such notice in writing by furnishing the GLO with a current mailing address and a legal description of each tract on which he desires such notice. Notice will also be sent to the surface owner at the address supplied on the application form. Failure to receive notice will not affect the validity of a lease issued under this section.(5) Leases shall be recorded in each county in which the state's property is located. After being recorded, lessee shall obtain a certified copy of the recorded lease from the county clerk. Lessee shall send such certified copies to the GLO within 90 days of the date of the transmittal letter. The lease is not effective until a certified copy of the lease is received by the GLO. After the 90-day period has elapsed, the approval of the lease is rescinded unless the applicant requests, and the commissioner approves in writing, an extension of time to send the required certified copies.(d) Minimum terms and conditions.(1) The primary term of a mining lease may be for up to a maximum of 20 years and as long thereafter as the leased minerals are produced in paying quantities. A mining lease may be issued for a fixed term not to exceed 20 years, if the commissioner determines a fixed term lease is in the best interest of the PSF.(2) The first lease payment shall be not less than $2.00 per acre.(3) The annual rental payments thereafter during the primary term shall be not less than $1.00 per acre, which shall be payable unless production in paying quantities is being obtained and appropriate royalty paid.(4) The royalty shall be not less than one-sixteenth of the value of the minerals produced under said lease.(5) The lease may provide for both an advance royalty provision and a shut-in royalty. The shut-in royalty provision shall allow the lease to be maintained in one year increments for a total of five consecutive years.(6) Upland leases on tracts in which the PSF owns the surface must include a provision requiring the payment of damages for the use of the surface in prospecting for, exploring, developing, or producing the leased minerals. The amount of damages for use of the surface will be determined through negotiations with GLO staff, approved by the commissioner, and incorporated in each lease form.(7) Lessee shall conduct all mining operations in compliance with state and federal laws and §10.7 of this title (relating to Conduct of Exploration and Mining Operations).(e) Assignments, releases, reports, inspections, forfeiture, and reinstatement. Leases issued under this section are subject to all general provisions covered in §10.8 of this title (relating to Assignments, Releases, Reports, Royalty Payments, Inspections, Forfeitures, and Reinstatements). Source Note: The provisions of this §10.3 adopted to be effective March 22, 1989, 14 TexReg 1280; amended to be effective May 26, 1992, 17 TexReg 3473; amended to be effective December 10, 2009, 34 TexReg 8776. 1 GENERAL LAND OFFICE 10 EXPLORATION AND DEVELOPMENT OF STATE MINERALS OTHER THAN OIL AND GAS §10.3 Mining Leases on Properties Subject to Prospect https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143528&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 143528 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143528&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 143528 03/11/2026 (a) Lands and minerals subject to lease. Generally, coal, lignite, sulphur, salt, and potash on PSF lands and all minerals on state agency lands are subject to lease by sealed bid. See §10.1 of this title (relating to Definitions; Exploration and Development Guide) for lands and minerals which are subject to lease under these sealed bid procedures and §10.2(b) of this title for other minerals that may be leased under the section.(b) Exploration for certain minerals. Exploration for coal, lignite, sulphur, salt, and potash on PSF lands may be conducted under geophysical and geochemical permits issued by the GLO. Applications must be submitted on forms prescribed by the GLO. (See §9.11 of this title)(c) Nomination, advertising, and award of tracts.(1) Nominations, setting of terms and conditions, evaluation of sealed bids, advertising, and awards are administered by the SLB under Chapter 9 of this title (relating to Exploration and Leasing of State Oil and Gas).(2) On land trade lands, the GLO will notify the surface owner that a lease has been issued if the surface owner requests such notice in writing by furnishing the GLO with a current mailing address and a legal description of each tract on which he desires such notice. Failure of the surface owner to receive notice will not affect the validity of a lease issued under this section.(3) TPWD may review the leasing of lands whose minerals are subject to lease under this section but whose surface is owned or leased by TPWD or is subject to a conservation easement in favor of TPWD. If such lands are nominated for lease, the GLO shall notify the executive director of TPWD of such nomination. On the same day as a lease is issued on such lands, the TPWD will be notified of the issuance of the lease. Such lease will state that the surface of such land is owned or leased by TPWD or is subject to a conservation easement in favor of TPWD and will identify the TPWD park or area manager who is responsible for the surface of the land.(d) Minimum terms and conditions.(1) Terms and conditions of leases will be set by the SLB for each lease sale and will be included in the notice for bids.(2) The royalty reserved to the state shall be not less than one-eighth of the gross production of sulphur or the value of the sulphur that may be produced or that may be produced and sold off the area and not less than one-sixteenth of the value of coal, lignite, salt, and potash that may be produced.(3) Upland leases issued under this section on tracts in which the PSF own the surface must include a provision requiring the payment of damages for the use of the surface in prospecting for, exploring, developing, or producing the leased minerals. The amount of damages for use of the surface will be determined by negotiation with GLO staff, approved by the commissioner, and incorporated in each lease form.(4) Lessee shall conduct all mining operations and reporting requirements in compliance with state and federal laws and §10.7 of this title (relating to Conduct of Exploration and Mining Operations).(5) State agency leases (except TPWD and TDC leases) may not be for a primary term exceeding five years.(e) Assignments, releases, reports, inspections, forfeitures, and reinstatements. Leases issued under this section are subject to all general provisions covered in §10.8 of this title (relating to Assignments, Releases, Reports, Royalty Payments, Inspections, Forfeitures, and Reinstatements). Source Note: The provisions of this §10.4 adopted to be effective March 22, 1989, 14 TexReg 1280; amended to be effective December 10, 2009, 34 TexReg 8776. 1 GENERAL LAND OFFICE 10 EXPLORATION AND DEVELOPMENT OF STATE MINERALS OTHER THAN OIL AND GAS §10.4 Exploration and Mining Leases for Minerals Subject to Sealed Bid https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143529&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 143529 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143529&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 143529 03/11/2026 (a) Lands and minerals subject to lease.(1) Any survey or portion of a survey of the Relinquishment Act land, as this term is uniquely defined in §10.1(a)(9) of this title (relating to Definitions; Exploration and Development Guide), is subject to lease under this section.(2) All minerals, as defined in §10.1(a)(5) of this title are subject to lease by the surface owner as agent for the state. Minerals other than oil and gas may be leased together or separately. Oil and gas must be leased under the terms of Chapter 9 of this title (relating to Exploration and Leasing of State Oil and Gas).(b) Authority and duties of agent.(1) Prohibition against self-dealing. A surface owner may not lease to himself, herself, or itself, either directly or indirectly. A surface owner may not acquire by assignment a lease executed by the surface owner. A surface owner will be considered to have engaged in self-dealing if the surface owner leases to the following persons or entities or if the lease executed by the surface owner is assigned to the following persons or entities:(A) a nominee;(B) any corporation or subsidiary in which the surface owner is a principal stockholder, 5% or more, or an employee of such a corporation or subsidiary;(C) a partnership in which the surface owner is a partner, or an employee of such a partnership;(D) if the surface owner is a corporation or a partnership, a principal stockholder of the corporation or a partner of the partnership, or any employee of the corporation or partnership;(E) a fiduciary representing the surface owner, including, but not limited to, a guardian, trustee, executor, administrator, receiver, or conservator; or(F) a family member or to anyone related to the surface owner by marriage, blood, or adoption. within and including the second degree of consanguinity or affinity.(2) Fiduciary duty of agent. A surface owner is the state's agent and owes the state a fiduciary duty and a duty of utmost good faith. A surface owner must fully disclose any facts affecting the state's interest and must act in the best interest of the state. Any conflict of interest must be resolved by putting the interests of the state before the interests of the surface owner. In addition to these specific duties, the surface owner owes the state all the common-law duties of a holder of executive rights.(3) Consequences of a breach of the surface owner's fiduciary duty or a violation of the prohibition against self-dealing. When a surface owner breaches any duties or obligations owed to the state by law, any suit relating to such breach shall be filed in a district court in Travis County. Such a suit may seek removal of the owner of the soil's agency rights in addition to any other remedies authorized by statute or by common-law.(4) Penalty assessment for breach of the surface owner's fiduciary duty. A penalty of 10% shall be imposed on any sums due the state because a surface owner breaches a fiduciary duty. The imposition of this penalty will not limit the right of the state to obtain punitive damages, exemplary damages, or interest. Any punitive damages or exemplary damages assessed by a court shall be offset by the 10% penalty imposed by this subsection.(c) Lease negotiation procedure.(1) The surface owner is authorized to act as the state's leasing agent with any person, firm, or corporation desiring to develop the permanent school fund's minerals.(2) The lease shall be negotiated by the surface owner and the prospective lessee on a form prepared and furnished by the GLO, which will incorporate the terms and conditions prescribed by the SLB.(3) The proposed lease shall be submitted to the GLO for approval prior to recording the lease in the county records.(d) Approval and filing of lease.(1) The commissioner may reject or refuse for filing any lease deemed not in the best interest of the state.(2) Upon rejection of a proposed lease by the commissioner, the prospective lessee will be given written notice, which will specify the reasons for the rejection and any changes, deletions, or additions which would render the lease acceptable. The prospective lessee may request a hearing upon a rejection of a lease under the hearings procedures set out in Chapter 2 of this title (relating to Rules of Practice and Procedure).(3) Upon receipt of approval of the lease, the prospective lessee shall finalize the lease and have the lease recorded in the county or counties in which the land lies and shall file a certified copy of the lease with the GLO. Leases are not effective until approved and filed in the GLO.(4) The state's share of the approved bonus payment and the filing fee prescribed by §3.31 of this title (relating to Fees) shall be submitted along with the certified copy of the lease within 90 days of execution the lease. Any lease is void unless it recites the actual consideration paid or promised for the lease.(5) A surface owner, as the state's agent, owes the state a fiduciary duty. See subsection (b) of this section. This fiduciary responsibility must be of paramount concern when a surface owner enters lease negotiations.(e) Lease terms and conditions.(1) Lessee shall pay bonus, rentals, royalties, and other lease considerations as follows.(A) On leases filed before September 1, 1987, lessee shall pay to the state 60% of all bonuses, rentals, and royalties and other considerations agreed upon. Lessee shall pay to the surface owner 40% of all consideration agreed upon.(B) On leases filed on or after September 1, 1987, lessee shall pay to the state 80% of all consideration agreed upon. Lessee shall pay to the surface owner 20% of all bonuses, rentals, and royalties.(C) On leases filed after September 1, 1999 for the exploration and production by surface mining of coal, lignite, potash, sulphur, thorium or uranium, lessee shall pay to the state 60% of all bonus, rentals, royalties and other considerations agreed upon. Lessee shall pay to the surface owner 40% of all consideration agreed upon.(2) In the event of production, the state must receive not less than one-sixteenth of the value of the minerals produced. The combined royalty payable to the surface owner and the state will be expressly provided for in the lease negotiated by the surface owner.(3) All royalties and other payments accruing to the state shall be paid to the state through the commissioner at Austin, and shall be deposited to the PSF.(f) Reports, assignments, releases, inspection, forfeitures, and reinstatements. Leases issued under this section will be governed by all general provisions found in §10.7 of this title (relating to Conduct of Exploration and Mining Operations) and §10.8 of this title (relating to Assignments, Releases, Reports, Royalty Payments, Inspections, Forfeitures, and Reinstatements). However, a lease issued under this section cannot be assigned to the surface owner who executed the lease. See subsection (b)(1) of this section.(g) Lease by owner of the soil.(1) An owner of the soil of lands covered by this subchapter may lease those lands for the purpose of exploring for and producing minerals other than oil and gas in the manner provided by this section.(2) An owner of the soil may apply in writing to the board for a lease of a mineral or minerals other than oil and gas.(3) The application shall contain the following:(A) the name and address of the applicant;(B) a complete legal description of the land the applicant seeks to lease;(C) the name and address of every owner of the soil of the land the applicant seeks to lease, if the applicant is not the sole owner of the soil;(D) a brief letter opinion signed by an attorney licensed in this state setting out the surface ownership of the land sought to be leased;(E) a statement of the applicant's experience in the exploration for and production of minerals other than oil and gas, including, without limitation, a list of any State of Texas or federal mineral leases currently or previously held or operated by the applicant or other entity in which the applicant has or had a significant interest during the five-year period preceding the date of the application;(F) a statement that the applicant intends to explore for and, if commercially reasonable, produce minerals other than oil and gas or if the applicant plans that another person or firm shall conduct exploration and production:(i) the name and address of the person or firm;(ii) a description of such person's or firm's experience in the exploration for and production of minerals other than oil and gas, including, without limitation, a list of any State of Texas or federal minerals other than oil and gas leases currently or previously held or operated by the person or firm during the five-year period preceding the date of the application; and(iii) a description of the applicant's intended degree and type of participation in the exploration of and production from the property and all consideration or benefits the applicant expects to receive in connection with the exploration of and production from the property; and(G) the amount of bonus, rental, royalty, and other lease terms that the applicant proposes to pay or offer or pay and offer for the lease.(4) The applicant shall provide geological, geophysical, geochemical, and other data or copies of the data, including interpretative data, pertinent to exploration for minerals other than oil and gas on the lands for which the application is made, in the applicant's possession or to which the applicant has reasonable access and which the applicant has the ability to provide to the land office. All such data shall be confidential and not subject to the provisions of the open records law, Chapter 552, Government Code, until one year after the expiration, termination, or forfeiture of a lease granted pursuant to this section. After one year after the expiration, termination, or forfeiture of such a lease, the data shall remain confidential to the extent permitted by Chapter 552, Government Code. If a lease is not issued, the data shall be returned to the applicant.(5) The board may prescribe the form of the application, require additional information as it considers appropriate, and, by rule, otherwise provide for the implementation of this section.(6) The staff of the land office shall review the information presented in the application, such other geological, geophysical, and geochemical data reasonably available to it relevant to the land proposed to be leased, and leasing information reasonably available to it relevant to the land proposed to be leased. The staff shall prepare a report to the board that contains:(A) a summary of bonus, rental, royalty, and other lease terms then being offered and asked for leases of similar lands in the area of the land proposed to be leased; and(B) data considered by the staff to be relevant, including, but not limited to, data concerning the land proposed to be leased and its estimated value for minerals other than oil and gas, recommended lease terms, and the applicant, including the applicant's history of leasing State of Texas or federal lands for minerals other than oil and gas.(7) The board shall consider the application at a regular meeting. It may, in its sole discretion, grant or deny the application or grant the application subject to specified conditions. Such conditions may include a requirement that if the applicant does not materially participate in the exploration or development of the leased premises, through labor performed, cash or goods contributed, or supplying other enhancement in value, the applicant must share equally with the permanent school fund any benefit derived from the lease.(8) After the board has approved an application, the commissioner shall issue a lease to the applicant. The lease shall conform, as nearly as is practicable, to the form of lease prescribed by the commissioner under this chapter.(9) The commissioner may not deliver a lease issued under this section until the applicant has executed and delivered to the commissioner a waiver of the applicant's right and duty to act as agent for the state in leasing the leased premises and to receive any part of the bonus, rental, royalty, and other consideration accruing to the owner of the soil under this subchapter. The waiver and the lease shall be effective as of the date the commissioner executes the lease.(10) Upon the expiration, termination, or forfeiture of a lease issued under this section, the agency rights and duties of the applicant as owner of the soil are reinstated without the necessity for further action by the owner of the soil, the board, or the commissioner.(11) If an applicant is not the sole owner of the soil, the applicant may secure leases from the other owners of the soil from which the applicant is not prohibited from leasing under §53.074, Texas Natural Resources Code. If the applicant must obtain a lease from an owner of the soil from whom the applicant would otherwise not be permitted to lease in order reasonably to explore for or produce or explore for and produce minerals other than oil or gas, the commissioner may approve the lease on the condition that the applicant shall not receive any benefit from the lease, and, if the applicant should acquire by any method, including devise or inheritance, the right to receive any rental, royalty, or other benefit accruing to the owner of the soil's interest under the lease, the applicant shall assign the benefit to the commissioner for the benefit of the permanent school fund.(12) The commissioner shall not approve any lease obtained by an applicant from another owner of the soil if the lease contains terms that are substantially inconsistent with or provide for a lesser bonus, rental, or royalty than the lease approved by the board. If the bonus, rental, or royalty in a lease obtained by an applicant from another owner of the soil for a comparable interest is greater than that approved by the board, then the lease approved by the board shall be amended to provide for the greater bonus, rental, or royalty, and the applicant shall be liable for all greater sums due. In determining whether an interest is comparable, the board shall consider the quantum of the interest, the time at which the lease was taken, and any other aspects of the lease transaction that the board considers to be relevant.(h) Leasing procedure when agent cannot be located. If a potential lessee cannot locate a surface owner, such lessee can follow the procedures set out in the Texas Natural Resources Code, §52.186. Once these procedures have been followed, Relinquishment Act land will be leased for minerals other than oil and gas through the prospect permit and leasing procedures found in §10.2 of this title (relating to Prospect Permits on State Lands) and §10.3 of this title (relating to Mining Leases on Properties Subject to Prospect). The state will receive all the consideration paid under such a lease.(i) Leasing procedure when agent's rights are forfeited.(1) When a surface owner's agency rights have been forfeited under subsection (b)(3) of this section, the land shall be subject to lease for minerals other than oil and gas under the procedures set out in §10.1 of this title (relating to Definitions; Exploration and Development Guide) and §10.2 of this title (relating to Prospect Permits on State Lands).(2) When a new lease is executed under subsection (i)(1) of this section, the surface owner shall not be entitled to any share of the revenue generated by such lease, but the surface owner's agency rights will be ipso facto reinstated upon expiration of the new lease.(3) If no new lease is executed within one year of the date of the forfeiture of the agency rights, the commissioner may, in his discretion and for the best interests of the PSF, reinstate the surface owner's agency rights. Source Note: The provisions of this §10.5 adopted to be effective March 22, 1989, 14 TexReg 1280; amended to be effective May 26, 1992, 17 TexReg 3473; amended to be effective July 11, 2004, 29 TexReg 6308; amended to be effective December 10, 2009, 34 TexReg 8776. 1 GENERAL LAND OFFICE 10 EXPLORATION AND DEVELOPMENT OF STATE MINERALS OTHER THAN OIL AND GAS §10.5 Mining Leases on Relinquishment Act Lands https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143530&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 143530 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143530&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 143530 03/11/2026 (a) Application for sulphur production agreement. A proposed sulphur unit agreement shall set out:(1) the total acreage in the unit, the number of state acres in the unit, and number of privately owned acres in the unit;(2) a listing of the leases included within the proposed unit and recording information for such leases in the public records;(3) a plat outlining the entire unit and showing in red the state acreage included in the unit;(4) how production is to be allocated to each lease; and(5) for each state lease, the state's royalty interest and any costs or deductions allowed against that interest.(b) Approval of unit agreement.(1) Any sulphur unit agreement which proposes to commit royalty interests in PSF lands or state agency lands shall be submitted to the SLB pooling committee for examination, investigation, and presentation to the SLB or the appropriate board for lease.(2) Upon determination by the SLB that the unit agreement applied for is in the best interests of the state, the unitization will be approved.(3) Any unit agreement which covers lands leased for sulphur under §10.5 of this title (relating to Mining Leases on Relinquishment Act Lands) shall be executed by the surface owner before consideration by the SLB. Any such unit agreement must be approved by the SLB under this section before it is effective.(4) Any sulphur unit agreement which proposes to commit royalty interests in state lands or areas other than PSF lands must be approved by the appropriate board for lease and must be found to be in the best interests of the state.(c) Provisions of unit agreement. A sulphur unit agreement may contain the following provisions:(1) that operations incident to the drilling of a well upon any portion of the unit shall be deemed for all purposes to be the conduct of such operations upon each tract in the unit;(2) that the production allocated by the agreement to each tract included in a unit shall, when produced, be deemed for all purposes to have been produced from such tract;(3) that the state's royalty interest shall be paid only on that portion of the production from the unit which is allocated to the tract in accordance with the agreement;(4) that each lease included in the unit shall remain in effect so long as the agreement remains in effect, and that upon termination of the agreement each lease shall thereafter continue in effect under its own terms and provisions;(5) such other terms, conditions, and provisions as may be deemed to be in the best interest of the state.(d) Rule of construction. No term, condition, or provision of an approved unit agreement shall be read to burden an interest of the state with any cost, liability, or be read to otherwise adversely impact upon the state's interest unless such burden or adverse impact was expressly raised before and approved by the SLB or appropriate board for lease. Source Note: The provisions of this §10.6 adopted to be effective March 22, 1989, 14 TexReg 1280; amended to be effective December 10, 2009, 34 TexReg 8776. 1 GENERAL LAND OFFICE 10 EXPLORATION AND DEVELOPMENT OF STATE MINERALS OTHER THAN OIL AND GAS §10.6 Sulphur Unit Agreements https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143531&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 143531 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143531&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 143531 03/11/2026 (a) Purpose and scope.(1) It is the intent of this section to set minimum standards of conduct for lessees or permittees on state properties leased or permitted under this chapter. These minimum standards cover several types of state property, many different minerals, a wide range of mining techniques, dramatically different kinds of terrain and many different locations of varying value throughout the state. To provide the flexibility to accommodate these differences:(A) the GLO has and will continue to include specific and express restrictions and standards concerning exploration and development of its minerals in each lease it negotiates and in each plan of operations it approves;(B) if the minimum standards of conduct in this section conflict with express provisions in a lease form or in an approved plan of operations, then the express provisions will control; and(C) the commissioner may grant, in accordance with the law, written exceptions to the minimum standards and procedural rules found in this section if the commissioner makes a written determination that such exceptions are in the best interests of the PSF.(2) This section shall not apply to leases executed prior to March 22, 1989, unless the lease specifically requires a plan of operations. Holders of active permits shall be required to comply with the provisions of this section regardless of the date of issue.(3) This section shall not apply to mining operations for coal, lignite, and uranium because such operations are regulated by the RRC. However, as a mineral owner, the GLO may need information that is not required by or submitted to the RRC. Consequently, the GLO reserves the right to request additional information on coal, lignite, and uranium operations. If additional information is needed, the GLO will notify the lessee or permittee in writing.(4) This section references regulatory statutes and the rules and regulations of regulatory agencies which govern mineral development on state lands. By such references the GLO does not intend to usurp authority or substitute its judgment for that of the other agencies. These references are included to put permittees and lessees on notice that state lands are not exempt from such regulation, including all relevant environmental safeguards.(5) If any provision of this section conflicts with state or federal statutes, regulations, or rules of the RRC, Texas Commission on Environmental Quality, Environmental Protection Agency, or Texas Water Development Board, then such other statutes, regulations, or rules shall control.(b) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.(1) Lease--A mining lease issued under §10.3 of this title (relating to Mining Leases on Properties Subject to Prospect), §10.4 of this title (relating to Exploration and Mining Leases for Minerals Subject to Sealed Bid), or §10.5 of this title (relating to Mining Leases on Relinquishment Act Lands).(2) Lessee--The initial holder of a valid lease or a successor, assignee, devisee, or heir who acquires any right of the initial holder.(3) Operations--Any activities other than reconnaissance activities, associated with mineral exploration or development that require substantially disturbing or destroying the surface or subsurface of the leased or permitted areas. Operations shall include drilling test holes or core holes; excavating test pits; moving heavy machinery over the leased or permitted area; sinking shafts; and extracting, storing, processing, and shipping minerals.(4) Operator--A permittee or lessee or any employee, agent, servant, contractor, or subcontractor of either a permittee or lessee.(5) Permit--A prospect permit issued by the commissioner under §10.2 of this title (relating to Prospect Permits on State Lands) or an exploration permit issued by the commissioner under §10.4 of this title (relating to Exploration and Mining Leases for Minerals Subject to Sealed Bid).(6) Permittee--The initial holder of a valid prospect or exploration permit or a successor, assignee, devisee, or heir who acquires any right of a permittee.(7) Premises--Any state property subject to a lease or to a permit.(8) Reconnaissance activities--Hand sampling, geologic mapping, surveying, and other activities which do not significantly impact the surface and which are necessary to gather data to formulate the plan of operations.(9) TPWD lands--(As used in this section only) premises whose surface is owned or leased by TPWD or is subject to a conservation easement in favor of TPWD.(c) Overview of exploration and mining procedures.(1) Reconnaissance activities. After a permit or lease has been granted for exploration and development of the premises, an operator may begin reconnaissance activities. The permits or leases may contain rules and restrictions on reconnaissance activities. In conducting reconnaissance activities on state premises, an operator shall also comply with the rules found in subsection (f) of this section. In conducting reconnaissance activities on TPWD lands, an operator shall comply with additional rules found in subsection (g) of this section.(2) Operations.(A) Before an operator may commence operations on any premises, the permittee or lessee of those premises must submit an initial plan of operations to the GLO. Information required to be included in an initial plan will be controlled by the type of state property involved. If operations extend over several state properties, the permittee or lessee may submit one unified plan of operations. No operations may commence until such a plan of operations has been filed with the GLO in accordance with subsection (d) of this section and approved by the GLO in accordance with subsection (e) of this section.(B) The initial plan of operations shall include all reasonably foreseeable exploration, extraction, mining, and processing activities. Whenever the permittee or lessee wishes to undertake activities beyond the scope of the initial plan of operations, a supplemental plan must be filed with the GLO. Whenever the permittee or lessee wishes to change any activity found in an approved plan, an amended plan must be filed with the GLO. An amended or supplemental plan of operation shall have the same requirements and be subject to the same approval process as the initial plan.(C) Operations must be conducted in accordance with an approved plan of operations and also with the rules found in subsection (f) of this section.(D) Failure to submit a plan before conducting operations, to submit a supplemental or amended plan before conducting additional or different operations, or to conduct operations on the premises in compliance with the approved plan of operations or these rules shall subject the permit or lease to forfeiture.(d) Content of plan of operations.(1) For state property permitted or leased under this chapter, the plan of operations must include the following:(A) the name and legal mailing address of the permittee or lessee and of any operators who will be on the premises;(B) a 7 1/2 minute USGS topographic map showing:(i) information sufficient to locate the proposed areas of operations on the ground;(ii) existing and/or proposed roads or access routes to be used in connection with the operations; and(iii) the approximate location and size of any other areas where surface resources or improvements might be disturbed;(C) information sufficient to describe or identify:(i) the precise nature and extent of all proposed operations including all prospecting/exploration activities and all mining/processing activities; and(ii) the period during which each proposed activity will take place;(D) if the permittee or lessee proposes to commingle minerals produced under the permit or lease with privately-owned minerals or with other state-owned minerals:(i) a specification of the proposed manner of commingling; and(ii) a comparison of the quality of ore produced under the lease or permit to the quality of the ore with which it will be commingled;(E) if subsurface excavation is planned, a statement of what possible effect such excavations could have on water, as defined by Texas Civil Statutes, Article 8866, §1(11) (Vernon, 1989).(2) For state property permitted or leased under this chapter, except property leased under §10.5 of this title (relating to Mining Leases on Relinquishment Act Lands), the plan of operations must also include the following:(A) type, design, and location of existing and proposed roads or access routes;(B) transportation equipment and other heavy equipment to be used on the premises;(C) measures to be taken to protect and preserve environmental resources;(D) a statement of whether operations are planned on steep slopes that may be subject to erosion and specific plans to control erosion, the flow of run-off water, landslides, and drainage;(E) a specification of what reclamation efforts will be undertaken to minimize the impact of operations on the surface, including vegetation, topsoil, wildlife habitats, caused by operations.(3) For TPWD lands, the plan of operations must also include the following:(A) a statement of whether any of the drilling muds and fluids proposed to be used are toxic to fish or wildlife;(B) a listing of all known natural historic and prehistoric resources, archeological resources, and biological resources (including vegetation, fish, and animal life, especially endangered plants and wildlife) found on the premises; and(C) specific plans to remove toxic materials, and to rehabilitate fisheries, wildlife habitats, and vegetation.(e) Requirements for approval of plan of operations.(1) The proposed plan of operation shall be submitted to the GLO. GLO staff will analyze the proposal and, if necessary, inspect the premises. In order to evaluate the plan, the GLO staff may require additional information from the lessee or permittee. Within 90 days after the GLO receives both a plan and any requested additional information, the GLO shall:(A) notify permittee or lessee that the plan of operations has been approved; or(B) notify the permittee or lessee of the necessary additions and/or changes to the plan with are required for approval.(2) The GLO may require a permittee or lessee to furnish a bond as a condition to approval of a plan of operations but only if the lease or permit has reserved this right to the GLO. The performance bond shall be in an amount to be determined by and forfeitable to the GLO as a guarantee for the strict performance of reclamation obligations found in the plan of operations. In determining the amount of the bond, consideration shall be given to the estimated cost of reclaiming the land to the condition it would have been in had the plan of operations or the regulations been strictly followed.(3) If subsurface excavations are involved, the commissioner will issue a finding in the approved plan of operations as to whether such excavations will affect water as defined by Texas Civil Statutes, Article 8866, §1(11) (Vernon, 1989).(4) In evaluating all plan of operations, the GLO will consider the following factors:(A) the general economics of the operations;(B) the reasonableness and effectiveness of the plans to develop the state's minerals;(C) the prevailing industry standards for the type of mineral development or mining technique used; and(D) the methods and standards employed by similar mining operations in the same area as the state property.(5) In evaluating all plan of operations except those on leases issued under §10.5 of this title (relating to Mining Leases on Relinquishment Act Lands) the GLO will also consider:(A) the reasonableness of the provisions made for surface resource protection; and(B) the value and uses of the surface of the state property.(6) In evaluating plan of operations covering lands leased under §10.5 of this title (relating to Mining Leases on Relinquishment Act Lands), the GLO will not evaluate the impact of operations on the surface but it will evaluate such plans based upon its interests as a mineral owner.(7) In evaluating all plan of operations covering TPWD lands, the GLO will also consider:(A) whether sites and roadways should be adjusted and realigned to avoid significant disturbance of biological, archeological, or aesthetic features;(B) whether the methods for disposing of vegetation which must be cleared and for disposing of topsoil are adequate;(C) whether proposed drilling muds and fluids should be changed to require use of those muds and fluids that are not toxic to fish or wildlife;(D) whether permittee or lessee should be required to take action to mitigate any unavoidable impacts to fish and wildlife resources and habitat caused by operations;(E) whether slope stabilization should be required during operations;(F) whether security fencing to protect the public from hazardous sites or conditions should be required;(G) whether full restoration, including spreading of topsoil stockpile, of all areas disturbed during permitted activity to preoperation elevations, contours, and substrata should be required;(H) whether steep slopes which are subject to damaging erosion should be modified to facilitate revegetation and prevent erosion;(I) whether replanting of disturbed native vegetation should be required; and(J) whether seeding and mulching plans should be modified so that different materials are used or applied at different rates or times.(f) Minimum standards of conduct on state premises.(1) These minimum standards of conduct will apply whenever a lessee, permittee, or other operator is on state premises even if only reconnaissance activities are taking place.(2) All activities shall be conducted so as to minimize adverse environmental impact on surface resources.(3) Operator shall comply with applicable federal and state air quality standards and emission permit requirements.(4) Operator shall comply with applicable federal and state water quality standards and wastewater discharge permit requirements and federal permitting requirements applicable to disturbance of wetlands, watercourses, and flood plains. Operator shall in its construction activities, to the greatest extent possible, avoid disturbance within natural watercourses and their immediate flood plains. Operator shall use only so much of underground water as may be reasonably necessary. If water-bearing strata or underground aquifers are encountered during drilling activities, shaft construction, or subsurface excavation, measures shall be taken by the operator to prevent pollution of such underground water sources. Operator shall comply with all applicable Texas Commission on Environmental Quality and RRC rules for the protection of usable quality water within the premises.(5) Operator shall comply with applicable federal and state standards for the disposal and treatment of all hazardous materials and all solid and liquid wastes. All garbage, refuse, or trash shall either be removed from premises or disposed of, or treated so as to minimize, so far as practicable, its impact on the environment and surface resources. All waste rock, deleterious materials or substances and other waste produced by operations shall be deployed, arranged, disposed of, or treated in accordance with federal and state requirements and so as to minimize adverse impact upon the environment and surface resources.(6) Operator shall comply with the National Historical Preservation Act of 1966, 16 United States Code §470 (1985 and Supplement 1988) and the Antiquities Code of Texas, Title 9, Chapter 191, Texas Natural Resources Code, where applicable.(7) Operator shall comply with the United States Endangered Species Act of 1973, 16 United States Code §§1531 - 1543 (1985 and Supplement 1988) and the Texas Parks and Wildlife Code, Chapters 67, 68, and 88, which relate to endangered plants or wildlife and protected nongame.(8) Preservation of existing vegetation shall be maximized at all times.(9) These provisions concerning roads do not apply to premises leased under §10.5 of this title (relating to Mining leases on Relinquishment Act Lands). Operator shall, if possible, use existing roadways for access to and across the premises. Operator must justify construction of new roads by demonstrating that there is no feasible and prudent alternative. Operator shall construct and maintain all roads so as to assure adequate drainage and to minimize damage to soil, water, and other natural resources. Roads utilized shall be left in as good a condition as they were prior to use by operator.(10) During all operations the operator shall maintain structures, equipment, and other facilities in a safe, neat, and workmanlike manner. Hazardous or dangerous sites or conditions resulting from operations shall be fenced, marked by signs, or otherwise identified to protect the public in accordance with all state and federal laws and regulations.(11) Unless the RRC regulates reclamation efforts or unless a written notification to the GLO under subsection (h)(1) of this section states otherwise, permittee or lessee shall reclaim the surface as specified in the plan of operations within six months of the expiration of the permit or lease.(g) Minimum standards of conduct on TPWD lands.(1) Operators on premises whose surface is owned, or leased by TPWD or is subject to a conservation easement in favor of TPWD are also subject to the additional regulations found in this subsection.(A) Operator is subject to all TPWD rules in effect for the park or wildlife management area on which operations are conducted to the extent that the park or management area rules are not inconsistent with rules or regulations found in this section or with the reasonable development of PSF minerals.(B) No operations shall be commenced without notification of the park superintendent or area manager 48 hours in advance of entering TPWD premises. Permittee or lessee shall allow only those operators that are necessary for operations to access the TPWD premises.(C) No firearms or archery equipment shall be permitted at any time on TPWD lands by any operator. Permittee or lessee shall be liable for any taking of fish, wildlife, plants, or archeological resources by any operator.(D) Unless an approved plan of operations provides otherwise, no materials required for construction of roads shall be taken or borrowed from TPWD lands. There shall be no vehicular travel off existing roads during wet weather. Where travel is permitted by drilling buggies and water wagons, such vehicles shall use high flotation tires.(E) Operator shall permanently stake limits of proposed access roads on the ground a minimum of 30 days prior to and throughout actual operations or other activities. Each access road is subject to review and approval by the GLO. The area disturbed during construction activity shall be strictly minimized. Access roads shall not exceed 30 feet in width and operator shall use existing roads whenever possible.(F) The following rules apply to new roads constructed by or improved and used by operator unless otherwise requested by TPWD and approved by the GLO in a plan of operations.(i) Roads no longer needed for operations shall be closed to normal vehicular traffic.(ii) Bridges and culverts shall be removed.(iii) Cross-drains, dips, or water bars shall be constructed.(iv) The road surface shall be shaped to as near a natural contour as practicable and be stabilized.(G) If a diversion between all drilling or excavation sites, pads, and all upslope areas is required in an approved plan of operations, the diversion shall be constructed with a flared outlet stabilized by rock or other grade stabilization structures as necessary to prevent erosion. Drilling sites should be sloped with a minimum grade 0.3-0.5% to drain into such diversions so the run-off does not flow over the fill area. Sediment shall be cleaned out of diversion and properly disposed of periodically. A temporary straw bale barrier containing no noxious weed shall be constructed along the base of the drill site where it follows a natural water course. A temporary bale barrier shall be established immediately after the drill site is constructed to prevent erosion while side slopes are being stabilized. The bale barrier must be maintained, sediment removed and bales replaced. Sedimentation on areas adjacent to the drill or excavation site shall be minimized. Topsoil to a maximum depth not to exceed 18 inches shall be stockpiled on the upslope edge of each drill or excavation site and separated from upslope run-off by a diversion, or with other erosion control as necessary.(H) Unless an approved plan of operation states otherwise, no explosives shall be used within 750 feet of any building, utilities, or water well or within 1, 000 feet of any water retention structures. All proposed use of explosives shall be specifically described in an approved plan of operations.(I) Restoration of the disturbed area to approximate original contours and revegetation with appropriate native vegetation may be required.(J) Operator shall, at all times, keep lands under permit or lease, access roads, and prospect sites free of trash and litter generated by operations. No vegetation or topsoil shall be pushed, windrowed, or abandoned except in preparation for disposal by means approved by the GLO in the plan of operations. Operator shall keep muds, cuttings, and all other fluids, including all contaminants and saline fluids, in tanks or containers for removal from the site. All drilling muds and fluids shall be water-based and nontoxic to fish and wildlife; provided, however, that other drilling muds and fluids may be used if, in the plan of operations, the GLO determines that there is no prudent or feasible alternative. Soil-damaging petroleum and other chemicals shall be hauled from the TPWD lands and disposed of lawfully. Dumping of any such materials on TPWD lands is prohibited.(K) Operator shall, to the extent practicable, harmonize operations with scenic values through such measures as the design and location of operating facilities, including roads and other means of access, screening of operations by native vegetation, if possible, and construction of structures and improvements which blend with the landscape.(L) In addition to compliance with water quality and solid waste disposal standards required by this section, operator shall take all practicable measures to maintain and protect fisheries and wildlife habitat which may be affected by the operations.(M) Operator shall comply with all applicable state and federal fire laws and regulations and shall take all reasonable measures necessary to prevent and suppress fires in the area of operations.(2) As soon as the GLO receives a plan of operations which covers TPWD lands and which supplies all the data required in subsection (d) of this section, the GLO shall mail a copy of the plan of operations to the TPWD for review and comment.(3) TPWD must submit its comments, if any, to the GLO within 30 days of TPWD's receipt of a plan of operations.(4) Plan of operations on TPWD land may not be approved until at least 30 days after the TPWD receives the plan of operations. When the GLO approves a plan of operations on TPWD land, GLO will send TPWD a copy of the approved plan on the day the plan is approved.(h) Completion of operations and abandonment of premises.(1) This subsection shall apply to all operations except those involving coal, lignite, uranium, or uranium ore operations which are regulated by the RRC.(2) Within two weeks after all operations and all reclamation activities addressed in the plan of operations have been completed, permittee, or lessee shall send the GLO the following information:(A) date when operations ceased;(B) date when reclamation activities ceased;(C) problems encountered during reclamation activities;(D) success of reclamation efforts in improving the surface condition;(E) any additional reclamation activities that permittee or lessee believes are necessary to restore or improve the surface, vegetation, topsoil, or wildlife habitat;(F) date on which any proposed additional reclamation activities, if any, shall begin and end; and(G) date on which the premises shall be ready for initial GLO inspection.(3) The GLO will inspect the premises to verify that the reclamation required in the plan of operations has been completed. If a performance bond guaranteeing reclamation has been required in the plan of operations, it will be returned upon successful completion of reclamation activities. Source Note: The provisions of this §10.7 adopted to be effective March 22, 1989, 14 TexReg 1280; amended to be effective December 10, 2009, 34 TexReg 8776. 1 GENERAL LAND OFFICE 10 EXPLORATION AND DEVELOPMENT OF STATE MINERALS OTHER THAN OIL AND GAS §10.7 Conduct of Exploration and Mining Operations https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143532&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 143532 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143532&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 143532 03/11/2026 (a) Assignments and releases.(1) A lease or permit issued under this chapter may be assigned at any time, unless otherwise stated in the lease or permit, in the manner provided for by TNRC §52.026. The liability of the transferor to properly discharge its obligations under the lease shall pass to the transferee. The commissioner may require the transferee to demonstrate that it has the financial responsibility to properly discharge its obligations under the lease, and may require the transferee to post a bond or provide other security to secure those obligations.(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 §3.31 of this title (relating to Fees).(3) An assignment of any lease except a state agency or a Relinquishment Act lease is not effective until a certified copy of such assignment has been filed by the GLO. Failure to file a certified copy of an assignment of any lease, including a state agency or 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 §3.31 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.(b) Reports and payment of royalties.(1) A log, sample analysis, or other information obtained from each test drilled on the area covered by the lease or permit shall be filed with the GLO. Lessee or permittee shall furnish annually on the anniversary date of the lease or permit a map or plat showing all activities on the state lease or permit. In addition, an evaluation map or plat shall be filed in the GLO within 90 days after any drilling program shall have been completed or abandoned, and the correctness of such map shall be sworn to by lessee or permittee or his representative. The map or plat shall show geologic formations penetrated, the depth, thickness, grade, and mineral character of all ore bodies, the water-bearing strata, the elevation and location of all test holes, and other pertinent information.(2) Unless the lease provides otherwise, on or before the last day of the month after the month when production started, the lessee shall file a production and royalty report showing production and royalty for the calendar month when production started. Subsequently, a production and royalty report shall be filed before the last day of each month for production from the preceding calendar month. If more than one mineral is produced under the lease, the GLO may require a production and royalty report for each mineral. Such report shall be on a form prescribed and furnished by the GLO and shall show:(A) the type and amount of each mineral produced during the preceding month;(B) if any leased mineral has been sold during the preceding month, then:(i) the type and amount of each mineral sold;(ii) the purchaser for each type of mineral sold and if the purchaser is in any way related to the lessee, the details of such relationship or affiliation;(iii) the selling price of each mineral as shown by copies of smelter, mint, mill, or refinery, returns, sale receipts, invoices, or other sale documents attached thereto; and(iv) the method and figures used by lessee to calculate the value of each mineral sold as shown by any relevant documents, records, or schedules;(C) if any leased mineral has been used as permitted under the terms of the lease during the preceding month, then:(i) the type and amount of each mineral used; and(ii) the method and figures used by lessee to calculate the value of each mineral used as shown by any relevant documents, records, or schedules.(3) The commissioner may require the lessee to install and use any reasonable method of measuring the amount of minerals reported as mined or produced or sold from the leased premises.(4) Unless otherwise provided by the lease, royalty payments are to be received in the GLO on or before the last day of the month following the month in which leased minerals are produced. However, for the purposes of this paragraph only, "produced" shall mean actually sold or used by lessee. Upon termination, forfeiture, or release of the lease, unpaid royalty for any stockpiled leased minerals shall be due and payable within one month of the effective date of said termination, forfeiture, or release.(5) Except when royalty is taken in-kind, and subject to subparagraphs (A) - (F) of this paragraph, relating to electronic funds transfer, lessees may pay royalties and other monies due by cash or check, money order, or sight draft made payable to the commissioner. Lessees may also pay by electronic funds transfer or in any manner that may be lawfully made to the state comptroller. Information regarding alternative payment methods may be obtained from the GLO Royalty Management Division. Payors are required to make payments by electronic funds transfer in compliance with 34 Texas Administrative Code Chapter 15 in the following circumstances:(A) For leases executed or amended after May 11, 1989, but before September 1, 1991, payors that have made over $500,000 in a category of payments, defined in subparagraph (D) of this paragraph, to the GLO during the preceding state fiscal year shall make payments of $10,000 or more in the current fiscal year for those leases and in that category by electronic funds transfer.(B) For leases executed or amended after August 30, 1991, but before June 9, 1995, payors that have made over $250,000 in a category of payments, defined in subparagraph (D) of this paragraph, to the GLO during the preceding state fiscal year shall make payments of $10,000 or more in the current fiscal year for those leases and in that category by electronic funds transfer.(C) For leases executed or amended on or after June 9, 1995, payors that have made over $25,000 in a category of payments, defined in subparagraph (D) of this paragraph, to the GLO during the preceding state fiscal year shall make all payments in the current fiscal year for those leases and in that category by electronic funds transfer.(D) For purposes of subparagraphs (A) - (C) of this paragraph, each of the following is a separate category of payments:(i) royalties (including shut-in and minimum royalties);(ii) penalties and interest (A lease issued under TNRC Chapter 53, Subchapter C, shall be subject to penalties and interest as described in TNRC §52.131(e) - (j));(iii) other payments to the state agency, excluding interest and extraordinary payments such as payments made in settlement of litigation.(E) The GLO anticipates that those payors that have exceeded the threshold sums set out in subparagraphs (A) - (C) of this paragraph in the preceding state fiscal year will also exceed those sums in the current state fiscal year. The application of subparagraphs (A) - (C) of this paragraph to a specific payor may be waived at the commissioner's discretion to the extent allowed by law, upon a showing that a payor will not exceed the threshold sums set out in subparagraphs (A) - (C) of this paragraph in the current fiscal year, or for other good cause.(F) The GLO will notify each payor to whom this paragraph applies in compliance with 34 Texas Administrative Code Chapter 15.(c) Inspections.(1) The books, accounts, records, contracts, and other documents pertaining to production, transportation, sale, and marketing of minerals leased shall at all times be subject to inspection and examination by the commissioner, or his authorized representative, and copies of such records shall be furnished to the commissioner upon request.(2) All mining, milling, and processing operations shall be subject at any time to inspection by the commissioner or his authorized representative and copies of records or other documents pertaining to these operations shall be furnished to the commissioner upon written request.(3) A contract, agreement or amendment filed in the land office shall be treated as confidential unless otherwise authorized by the lessee.(d) Forfeiture and reinstatement.(1) If the owner of a lease or permit shall fail or refuse to make payment of any sum due, or if the owner or his authorized agent should knowingly make any false return or false report concerning the lease or permit, or if the owner or his agent should refuse the commissioner or his authorized representative access to the records or other data pertaining to operations under the lease or permit, or if any of the material terms of the lease or permit should be violated, the lease or permit shall be subject to forfeiture by the commissioner.(2) A lease or permit shall be considered forfeited when it has been endorsed "forfeited" and the endorsement signed by the commissioner.(3) Upon forfeiture, the commissioner will give written notice to the lessee or permittee stating the date of forfeiture and the reasons for the forfeiture. The notice of forfeiture will be sufficient if mailed to the last known address of the lessee or assignee shown of record in the GLO.(4) A forfeiture may be set aside and all rights under a lease or permit may be reinstated before the rights of another party intervene, upon satisfactory evidence to the commissioner of future compliance with the provisions of the law, of the lease or permit, and of any rules adopted relative to the lease or permit, and any conditions placed upon the reinstatement. Lessee or permittee shall offer the evidence required for reinstatement within 30 days after the date the notice of forfeiture was mailed and after such 30 days shall have no future right of reinstatement. If a lease or permit issued under §10.5 of this title (relating to Mining Leases on Relinquishment Act Lands) is not reinstated within the 30-day period, the surface owner is entitled to act as the state's agent for leasing the minerals.(e) Reduction of penalty and/or interest. The School Land Board may reduce penalties and/or interest assessed under the Texas Natural Resources Code, §52.131, and/or any other penalties or interest relating to delinquent or unpaid royalties that have been assessed by the commissioner in the following circumstances:(1) when a lessee brings a deficiency to the General Land Office's attention voluntarily; and/or(2) when a lessee and the General Land Office have reached an agreement regarding the reduction as part of a resolution of an outstanding audit issue. Source Note: The provisions of this §10.8 adopted to be effective March 22, 1989, 14 TexReg 1280; amended to be effective May 26, 1992, 17 TexReg 3473; amended to be effective April 27, 1994, 19 TexReg 2959; amended to be effective February 5, 1998, 23 TexReg 782; amended to be effective July 11, 2004, 29 TexReg 6308; amended to be effective December 10, 2009, 34 TexReg 8776. 1 GENERAL LAND OFFICE 10 EXPLORATION AND DEVELOPMENT OF STATE MINERALS OTHER THAN OIL AND GAS §10.8 Assignments, Releases, Reports, Royalty Payments, Inspections, Forfeitures, and Reinstatements https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143533&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 143533 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143533&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 143533 03/11/2026 (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, 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.(c) Maintaining a mineral award; annual assessment work.(1) The owner of an award shall have the exclusive right to the possession and use of the minerals within the area of the claim so long as he continues to do or causes to be done the annual assessment work for each claim.(2) The annual assessment work shall consist of an excavation in the form of a shaft or tunnel or an open cut to the extent of 10 feet in depth or length and at least four feet by five feet for the other dimensions. In the event the mineral sought is usually and customarily produced from drilling holes by means of machinery, except such minerals as oil, natural gas, coal, or lignite, then the drilling of a hole to such depth or length in lieu of the digging of a shaft or tunnel or open cut shall constitute the annual assessment work required.(3) During the month of January, the owner of a mineral award shall file an annual assessment affidavit on a form prescribed and furnished by the GLO. The affidavit shall be signed and notarized and shall describe the assessment work which was completed during the previous year. If the assessment work accomplished is deemed insufficient or if the form is improperly completed, the owner of the mineral award will be notified.(4) The annual assessment work for a contiguous group of mineral awards may be done on one mineral award.(d) Rental payments.(1) The owner of a mineral award shall pay annually $.50 per acre. This annual rental payment shall be due during the month of January of each year succeeding the year the mineral award was issued.(2) Annual rental payments will be applied to the purchase price of the mineral patent.(e) Royalty payments.(1) In addition to rental payments, the owner of a mineral award shall pay a royalty of 6.25% of the value of the production of the minerals upon such award as shown by the net smelter, mill, mint, or refinery returns or of the gross sums arising from the sale of the ore or products from the award and received by the owner.(2) Royalty payments arising from the sale of ores, minerals, or other products shall be due quarterly in January, April, July, and October for the quarters preceding.(3) Royalty payments shall be accompanied by a production and royalty report filed on a form prescribed and furnished by the GLO.(f) Inspection.(1) The books, accounts, records, and contracts pertaining to production, transportation, sale, and marketing of minerals awarded will at all times be subject to inspection and examination by the commissioner, or his authorized representative, and copies of such records shall be furnished to the commissioner upon request.(2) All mining, milling, and processing operations shall be subject at any time to inspection by the commissioner or his authorized representative and copies of records pertaining to these operations shall be furnished to the commissioner upon written request.(3) A contract, agreement, or other amendment filed in the land office shall be treated as confidential unless otherwise authorized by the lessee.(g) Forfeiture of mineral award.(1) If the owner of a mineral award shall fail or refuse to make payment of any sum within 30 days after it becomes due, or if the owner or his authorized agent should knowingly make any false return or false report concerning production, mining, or development, or if the owner should fail or refuse the proper authority access to the records pertaining to the operations, or if the owner or authorized agent should knowingly fail or refuse to give correct information to the proper authority, or knowingly fail or refuse to submit to the GLO all correct reports required by statute, the rights acquired under the award shall be subject to forfeiture by the commissioner.(2) Upon forfeiture of a mineral award, notice shall be mailed to the person, firm, or corporation shown by the records of the GLO to be the owner of the mineral award.(3) Upon satisfactory evidence of future compliance with the law and with the GLO rules and regulations, the forfeiture may be set aside and all rights thereto reinstated.(4) If a mineral award is forfeited and not reinstated, the land covered by the mineral award is not subject to being claimed or patented.(h) Patenting a mineral award.(1) At any time after five years from the date of a mineral award, the owner of the award may pay the balance due on the purchase price of the award and request a patent thereto.(2) The owner of the mineral award shall make written request that the award be patented. The request shall be accompanied by three separate remittances: the balance of the purchase price, a patenting fee, and a recording fee. The appropriate patenting and recording fees are found in §3.31 of this title (relating to Fees).(3) The purchase price of the mineral patent shall be $10 per acre, and the annual payments of $.50 per acre on the mineral award shall be applied to the purchase price.(i) Mineral patent requirements.(1) After the issuance of a mineral patent, no further assessment work will be required.(2) The royalty due the state on a mineral patent shall be perpetual and shall be 6.25% of the value of the production of the minerals as shown by the net smelter, mill, mint, or refinery returns or of the gross sum, arising from the sale of the ore or products from the mineral patent and received by the owner. Source Note: The provisions of this §10.9 adopted to be effective March 22, 1989, 14 TexReg 1280; amended to be effective May 26, 1992, 17 TexReg 3473; amended to be effective July 11, 2004, 29 TexReg 6308; amended to be effective December 10, 2009, 34 TexReg 8776. 1 GENERAL LAND OFFICE 10 EXPLORATION AND DEVELOPMENT OF STATE MINERALS OTHER THAN OIL AND GAS §10.9 Mineral Awards and Patents https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18588&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18588 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18588&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18588 03/11/2026 Except as otherwise provided in §16.1(c) of this title (relating to Definitions and Scope), an action listed in §16.1(b) of this title (relating to Definitions and Scope) taken or authorized by the GLO or SLB pursuant to this chapter that may adversely affect a coastal natural resource area, as defined in §16.1 of this title (relating to Definitions and Scope), is subject to and must be consistent with the goals and policies identified in Chapter 16 of this title (relating to Coastal Protection) in addition to any goals, policies, and procedures applicable under this chapter. If the provisions of this chapter conflict with and can not be harmonized with certain provisions of Chapter 16 of this title (relating to Coastal Protection), such conflicting provisions of Chapter 16 of this title (relating to Coastal Protection) will control. Source Note: The provisions of this §10.10 adopted to be effective December 18, 1995, 20 TexReg 10270. 1 GENERAL LAND OFFICE 10 EXPLORATION AND DEVELOPMENT OF STATE MINERALS OTHER THAN OIL AND GAS §10.10 Consistency with Coastal Management Program https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150662&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 150662 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150662&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 150662 03/11/2026 (a) Lease fee. The appropriate filing fee will be determined by §13.18 of this title (relating to Fees for Surface Leases for Certain Facilities), except for commercial leases. The General Land Office will charge commercial lease applicants a fee to offset the costs of evaluating the lease proposals. The fee shall be 1.5% of the fair market value of the property being leased, determined at the time the lease is executed. The commissioner may waive all or a part of this fee.(b) Awards. After study and investigation of the application for suitability of the purpose for the lease, surrounding ownership of the tract, access, water availability, improvements by any prior lessee, and management by any current lessee, the commissioner may award the lease to the highest responsible bidder.(c) Soil and water conservation plans. In the interest of sound land management practices, lessee may be required to implement a soil and water conservation plan. The plan is to be developed between lessor, lessee, and may include the USDA, Natural Resources Conservation Service and/or Soil and Water Conservation Districts, or other entities approved by the Lessor. Lessee shall comply with the following procedures adopted by the General Land Office for submission and approval of the plan.(1) After entering into a surface lease with the General Land Office, lessee will prepare a natural resources plan to meet the needs of the leased tract. The term of the plan shall coincide with the term of the contract. Failure to timely submit the soil and water conservation plan as outlined below will subject the lease to forfeiture.(2) The preliminary plan should be submitted to the appropriate field office of the General Land Office, which shall then forward the plan to the General Land Office in Austin. The preliminary plan shall be submitted for approval within a reasonable amount of time, and in any event, no later than six months from the time lessee entered into the lease agreement. Submission of the plan to the appropriate field office shall constitute filing for the purposes of this paragraph.(3) The General Land Office shall notify lessee in writing at the earliest possible time of approval or rejection.(4) If the plan or any part thereof is not approved, lessee will be notified by letter stating the specific reasons. Lessee will be required to follow the same procedure and resubmit a modified plan to the appropriate field office. The modified plan shall be submitted within a reasonable period of time from notice of rejection, and in no event later than four weeks from the date of the notice.(5) Once a plan has been approved, lessee will be required to comply with the timetables and schedules set out in the plan document.(d) Uses. Lessee shall use the leased premises for purposes stated in the lease only. Any other use of the leased premises is unauthorized and shall subject the lease to forfeiture at the discretion of the commissioner.(e) Fine for unlawful use. If a person without authority or right cuts or removes any mineral, guayule, or lechuguilla from land that belongs to the permanent school fund, a fine will be imposed against the person by the General Land Office in an amount that is equal to the value of the substance that was cut or removed and will subject the lease to forfeiture at the option of the lessor.(f) Refunds. Refunds may be issued in cases of mistake, overcharge, or for other good cause. If a lessee abandons or surrenders a lease, a refund will not be issued unless the commissioner agrees to rescind the lease. Source Note: The provisions of this §13.1 adopted to be effective January 1, 1976; amended to be effective September 14, 1983, 8 TexReg 3416; amended to be effective September 16, 1986, 11 TexReg 3862; amended to be effective December 10, 1987, 12 TexReg 4474; amended to be effective May 26, 1992, 17 TexReg 3473; amended to be effective December 9, 2009, 34 TexReg 8778; amended to be effective February 16, 2011, 36 TexReg 844. 1 GENERAL LAND OFFICE 13 LAND RESOURCES A RULES, PRACTICE, AND PROCEDURE FOR LAND LEASES AND TRADES §13.1 Leases https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=149741&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 149741 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=149741&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 149741 03/11/2026 (a) Purpose. Land dedicated to or acquired for the use and benefit of the permanent school fund may be traded to:(1) aggregate sufficient acreage of contiguous land to create a manageable unit;(2) acquire land having unique biological, geological, cultural, or recreational value;(3) create a buffer zone for the enhancement of already existing public land, facilities, or amenities; or(4) acquire land for the use and benefit of the permanent school fund as determined by the School Land Board to be in the best interest of the fund.(b) Application. Applications for proposed trades shall be filed with the secretary of the School Land Board and shall give a complete description of those lands to be considered for trade.(c) Appraisal. At the direction of the School Land Board, lands proposed for trade will be appraised by General Land Office appraisers.(d) Approval. Upon a decision by the School Land Board and the commissioner of the General Land Office that a proposed trade is in the best interest of the people of Texas and that the proposed trade is based on an appraised equal value basis, the proposed trade may be approved.(e) Delivery. Trades will be made by deed to be signed jointly by the commissioner of the General Land Office and the governor. Failure of the governor to sign such deed constitutes his veto of the proposed trade and the proposed trade shall not be made.(f) Report to the legislature. In the event any trade is made, the School Land Board will report each trade to the succeeding legislature setting out such facts as warranted the trade. Source Note: The provisions of this §13.2 adopted to be effective January 1, 1976; amended to be effective January 2, 2011, 35 TexReg 11704. 1 GENERAL LAND OFFICE 13 LAND RESOURCES A RULES, PRACTICE, AND PROCEDURE FOR LAND LEASES AND TRADES §13.2 Land Trades https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143422&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 143422 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143422&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 143422 03/11/2026 (a) Permanent Improvements.(1) On permanent school fund land leased or improvements for any purposes, the commissioner of the General Land Office may:(A) grant money from a special account funded from surface damage fees to the lessee to make permanent improvements to the land or improvements; or(B) allow the lessee credit against the rent for all or part of the cost of making permanent improvements to the land.(2) Permanent improvements are in the nature of a fixture or an appurtenance to the land, and include conservation or reclamation projects. With the exception of the latter, the improvement must become part of the realty rather than being something easily removed. Examples of fixtures include, among other things fences, gates, cattleguards, barns, windmills, water wells, and pipelines, tanks, embankments, terraces, etc. Examples that are not fixtures include deer blinds, trailers, feeders, moveable pumps, generators, and other equipment. Notwithstanding the above, Lessor may approve lease credits and interpret the category of the improvements on a case-by-case basis.(b) Application.(1) A person desiring a grant or credit must submit a written request to the commissioner.(2) In deciding whether to make a grant or allow a credit the commissioner may consider whether the grant or credit applied for is in the best interest of the permanent school fund.(c) Copies and Inspection.(1) Before the recipient may receive money or credit against the rent, the recipient must submit to the commissioner copies of all receipts, vouchers, invoices, cancelled checks, and other evidence of the costs of the improvement or project. Upon request, the recipient must also submit copies of documentation for other credit, reimbursement, or grants for improvements or projects on the land.(2) Except as provided in subsection (d)(2) of this section, a grant may be made or credit given only after the conservation or reclamation plan or construction of the improvement is completed and a land office employee has made an inspection and certified to its satisfactory completion.(d) Payment.(1) The amount disbursed or credited shall be the lesser of the recipient's actual authorized costs or the amount of the grant or credit previously set by the commissioner, provided that:(A) no money may be disbursed or credit given for costs covered by other credit or money under this section or received from any other private or public agency, program, or source; and(B) actual costs are limited to costs of material and services specifically required to construct an improvement or for a conservation and reclamation project, and no money may be disbursed or credit given for administrative costs, overhead, mileage, purchase of tools or equipment, or other incidental expenses.(2) If construction of the improvement or completion of the plan takes more than one year, money may be disbursed or credit given in installments upon satisfactory completion of each stage of the plan or construction, if payment by this method is necessary and is justified by the increase in value, productivity, or manageability of the land.(3) Annually, General Land Office staff will inspect and document the condition and maintenance of the improvements. Source Note: The provisions of this §13.3 adopted to be effective January 7, 1988, 12 TexReg 4917; amended to be effective December 9, 2009, 34 TexReg 8778. 1 GENERAL LAND OFFICE 13 LAND RESOURCES A RULES, PRACTICE, AND PROCEDURE FOR LAND LEASES AND TRADES §13.3 Grants and Credits https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143425&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 143425 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143425&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 143425 03/11/2026 (a) The commissioner may grant easements for any purpose, under any terms, and for any term that the commissioner deems to be in the best interest of the state.(b) An easement or lease, if granted by the commissioner, will be subject to the rules contained in this section and will bind the grantee to comply with the following provisions:(1) To comply with all existing rules and with all existing and future rules or orders which the commissioner determines to be necessary and proper in order to provide for the protection and conservation of the natural resources of public lands and waters.(2) To pay when due to the General Land Office the necessary filing fee and rent determined by the commissioner to be adequate compensation for the use of public lands.(3) To record at grantee's expense any easement granted by the commissioner in the office of the county clerk of the county in which the land lies and to furnish a certificate of such recording to the commissioner.(c) An applicant by accepting an easement further agrees and consents to comply with and be bound by the following additional terms and conditions, excepting those which the commissioner may waive in a particular case. That in the event the easement is on submerged land and is for a transmission line construction purpose:(1) to bury all telephone cables unless use of existing single pole, H-frame, or steel tower construction or other existing structure such as a bridge or causeway is made;(2) to encourage the joint use of electric transmission facilities and rights-of-way by two or more utilities, when feasible, to reduce the total number of transmission lines constructed and rights-of-way used across public lands;(3) to utilize, when feasible, existing rights-of-way, bridges, and causeways as an alternative to new construction of single pole, H-frame, or steel tower lines across open expanses of water, wetlands, and bays;(4) to strategically locate steel towers, H-frame, and single pole construction for minimum visibility and to bury lines crossing rivers within the constraints imposed by the current state of high voltage transmission technology. Source Note: The provisions of this §13.12 adopted to be effective January 1, 1976; amended to be effective December 9, 2009, 34 TexReg 8780. 1 GENERAL LAND OFFICE 13 LAND RESOURCES B RIGHTS-OF-WAY OVER PUBLIC LANDS §13.12 Nature of Grant https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143426&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 143426 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143426&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 143426 03/11/2026 (a) An application for renewal of an existing easement or lease shall utilize the land office contract form and rate schedule, and adhere to rules in effect at the time renewal is requested. The application should also include the existing miscellaneous easement number and the date of expiration of the easement.(b) Assignment may be made of any interest rights granted in whole or in part subject to the written approval of the commissioner. A fee payable to the General Land Office must accompany the application for approval of an assignment. No assignment shall be effective to transfer any rights until approved by the commissioner, the grantee, and the assignee.(c) Failure to comply with these rules subjects the easement or lease to termination by the commissioner. Source Note: The provisions of this §13.13 adopted to be effective January 1, 1976; amended to be effective December 9, 2009, 34 TexReg 8780. 1 GENERAL LAND OFFICE 13 LAND RESOURCES B RIGHTS-OF-WAY OVER PUBLIC LANDS §13.13 Renewal, Assignment, Termination https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3489&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3489 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3489&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3489 03/11/2026 Activities of a mineral interest holder on a leased tract on which a producing well is located when such activities are directly connected with the production of said tract are exempt from these rules. Source Note: The provisions of this §13.14 adopted to be effective January 1, 1976. 1 GENERAL LAND OFFICE 13 LAND RESOURCES B RIGHTS-OF-WAY OVER PUBLIC LANDS §13.14 Exemption https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18589&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18589 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18589&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18589 03/11/2026 Should the commissioner of the General Land Office deem it to be in the public interest, action on the granting or denial of an easement, pursuant to the Texas Deepwater Port Procedures Act, Texas Civil Statutes, Article 5415i, across public lands may be postponed until after such time as a public hearing is held, pursuant to §13.16 of this title (relating to Hearings Under the Texas Deepwater Port Procedures Act). Source Note: The provisions of this §13.15 adopted to be effective January 1, 1976. 1 GENERAL LAND OFFICE 13 LAND RESOURCES B RIGHTS-OF-WAY OVER PUBLIC LANDS §13.15 Right of Commissioner To Postpone Determination https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=27222&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 27222 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=27222&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 27222 03/11/2026 (a) Notice of any hearing under the Texas Deepwater Port Procedures Act (Texas Civil Statutes, Article 5415i), shall be filed with the secretary of state for publication in the Texas Register; in addition, it shall be published in the manner prescribed in § 5(b) and § 6(b) of the Texas Deepwater Port Procedures Act. Notice will be published at least 30 days before any public hearing. In the event a public hearing is conducted in some place other than Austin, Travis County, Texas, notice of the hearing will also be published at least twice, in each of two consecutive weeks, no later than 30 days prior to the date of the hearing, in a newspaper having general circulation in the county where the hearing will be held.(b) The notice of hearing shall include:(1) the time, date, and location of the hearing;(2) a brief explanation of the purpose of the hearing; and(3) any other statement or materials required by law or deemed necessary and proper by the commissioner.(c) All materials received by the General Land Office pertinent to the subject of the hearing, including documents, studies, and other data, shall be made available for public review and study in the office of the commissioner of the General Land Office, and if the hearing is held outside Travis County, a copy of all the materials shall be filed in the Office of the County Judge of the county where a hearing is held.(d) A notice of hearing shall be mailed to all persons who have made timely written requests of the General Land Office to be notified. However, failure to mail a notice does not invalidate any action taken at the hearing.(e) Hearings will be conducted by the commissioner or by a hearing officer. The commissioner or hearing officer shall have authority to administer oaths and to examine witnesses, and may rule upon the admissibility of written or oral testimony. A hearing may be recessed from day to day.(f) Any person, corporation, association, organization, or governmental subdivision or agency interested in a deepwater port application or facility covered by such an application may appear before and be heard at hearings held under this rule, and shall be considered for the purposes of this rule to be parties. Any party may appear in person or may appear and be represented by an attorney. Corporations, associations, and organizations may be represented by at least one and not more than two persons for the purpose of testifying at any hearing. A governmental subdivision or agency shall be represented by the highest elected or, if applicable, appointed official thereof, or by not more than two persons appointed by such official.(g) The commissioner may consolidate any hearing held under the provisions of the Texas Deepwater Port Procedures Act with the hearing required by the Federal Deepwater Port Act of 1974, 33 United States Code §1501 et seq., to be held in Texas by the secretary of transportation.(h) All hearings governed by this section shall be concluded not later than 120 days after the date on which the commissioner received from the governor the application defined in § 3(3) of the Texas Deepwater Port Procedures Act; provided, however, that the commissioner may hold a hearing after such 120 day period if the federal hearing required to be held in Texas has not been held and the commissioner has determined and given notice that a hearing provided for in this rule will be held in conjunction with the federal hearing. Source Note: The provisions of this §13.16 adopted to be effective January 1, 1976. 1 GENERAL LAND OFFICE 13 LAND RESOURCES B RIGHTS-OF-WAY OVER PUBLIC LANDS §13.16 Hearings under the Texas Deepwater Port Procedures Act https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=144686&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 144686 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=144686&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 144686 03/11/2026 (a) The following table lists the fees, surface damages and terms for pipeline right-of-way easements across public lands as established by the commissioner of the General Land Office.Attached Graphic(b) Right-of-way easements for pipelines issued prior to December 31, 1983, shall be renewed upon the expiration of their current term at the full rate presented in subsection (a) of this section. These renewals shall be considered as easements for new pipelines for purposes of subsection (c) of this section.(c) Right-of-way easements issued for new pipelines after December 31, 1983, shall be renewed at the full rate applicable to pipelines at the time of renewal, provided grantee has complied with all the terms and conditions of the easement agreement, including the notice, application, renewal fee payment, and documentation requirements contained therein.(d) At the commissioner's discretion, a right-of-way easement for pipelines may be renewed for a term less than 20 years and the rates prorated accordingly.(e) The following table lists the fees, rates, and terms for power line rights-of-way easements over and across public lands as established by the commissioner.Attached Graphic(f) Fees, rates and terms for communications, data, and other right-of-way easements will be negotiated.(g) Renewal fees, rates and terms for all power, communications, data, and other right-of-way easements over and across public lands are the fees, rates, and terms in effect at the time of renewal. Source Note: The provisions of this §13.17 adopted to be effective February 22, 1984, 9 TexReg 831; amended to be effective August 22, 2000, 25 TexReg 8031; amended to be effective September 1, 2008, 33 TexReg 6929; amended to be effective December 9, 2009, 34 TexReg 8780; amended to be effective February 21, 2010, 35 TexReg 1466. 1 GENERAL LAND OFFICE 13 LAND RESOURCES B RIGHTS-OF-WAY OVER PUBLIC LANDS §13.17 Fees for Right-of-Way Easement https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=28476&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 28476 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=28476&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 28476 03/11/2026 The following table lists the fees and terms for surface leases of public lands for certain facilities as established by the commissioner of the Texas General Land Office.Attached Graphic Source Note: The provisions of this §13.18 adopted to be effective February 22, 1984, 9 TexReg 831. 1 GENERAL LAND OFFICE 13 LAND RESOURCES B RIGHTS-OF-WAY OVER PUBLIC LANDS §13.18 Fees for Surface Leases for Certain Facilities https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143428&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 143428 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143428&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 143428 03/11/2026 The commissioner of the General Land Office establishes that all of the state owned lands included within the proposed additions to the coastal barrier resources system by the United States Department of the Interior's February, 1987, draft report to congress, Coastal Barrier Resources System, Proposed Recommendations for Additions to or Deletions from the Coastal Barrier Resources System, Volumes 19 and 20, are areas to be used primarily for wildlife refuge, sanctuary, recreation, or natural resources conservation purposes. Volumes 19 and 20 of the draft report are adopted by reference only for the purpose of specifying which lands are proposed for addition to the coastal barrier resources system. Copies of volumes 19 and 20 of the draft report can be obtained by sending a written request to the Texas General Land Office, 1700 North Congress Avenue, Austin, Texas 78701. Source Note: The provisions of this §13.19 adopted to be effective December 25, 1987, 12 TexReg 4637; amended to be effective December 9, 2009, 34 TexReg 8780. 1 GENERAL LAND OFFICE 13 LAND RESOURCES B RIGHTS-OF-WAY OVER PUBLIC LANDS §13.19 Protection of Certain State Land https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3490&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3490 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3490&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3490 03/11/2026 The commissioner of the General Land Office may reduce or waive any fee set forth in this chapter, or accept non-cash consideration in lieu of all or part of such fee, or both, if such action would be in the public interest as determined by the commissioner. Source Note: The provisions of this §13.20 adopted to be effective February 3, 1995, 20 TexReg 353. 1 GENERAL LAND OFFICE 13 LAND RESOURCES B RIGHTS-OF-WAY OVER PUBLIC LANDS §13.20 Reduction or Waiver of Fees; Non-cash Consideration https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150663&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 150663 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150663&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 150663 03/11/2026 (a) The commissioner may grant easements or leases for commercial and non-commercial improvements constructed on, across, through or under non-tidally influenced state-owned riverbeds and beds of navigable streams in the public domain, for bridges and those structures and purposes specifically enumerated in Texas Natural Resources Code §51.291 and §51.292.(b) The fees for such instruments shall be determined in accordance with §13.17 of this title (relating to Fees for Right-of-Way Easement) and §13.18 of this title (relating to Fees for Surface Leases for Certain Facilities).(c) Certain private, non-commercial improvements and structures which were constructed prior to September 1, 1993, and which are located upon state-owned riverbeds or beds of navigable streams, such as dams, low water crossings, docks, piers, groins, bulkheads, guy and tie-down cables, boat houses or similar structures, are considered properly permitted in accordance with the provisions of Texas Natural Resources Code §51.302(a) without further action on the part of the owner or payment of fee set forth in this chapter.(d) Any modification of the improvements contemplated in subsection (c) of this section made after September 1, 1993 which results in an expansion of the footprint occupied by those improvements upon state land shall automatically void the permit granted by that subsection, requiring the owner or possessor of such facility or structure to obtain from the commissioner an easement, lease, permit or other instrument in accordance with Texas Natural Resources Code Chapters 33 or 51, and may subject the facility or structure to the provisions of Texas Natural Resources Code §51.302 and §51.3021, related to penalties for and the removal of unauthorized structures on state lands.(e) In an action under Texas Natural Resources Code §51.302 or §51.3021, the person who constructs or maintains the structure or facility has the burden of demonstrating that it was constructed prior to September 1, 1993.(f) Nothing contained in this section shall be construed so as to limit the authority of the commissioner contained in Texas Natural Resources Code Chapters 33 or 51. Source Note: The provisions of this §13.21 adopted to be effective February 16, 2011, 36 TexReg 844. 1 GENERAL LAND OFFICE 13 LAND RESOURCES B RIGHTS-OF-WAY OVER PUBLIC LANDS §13.21 State-Owned Riverbeds and Beds of Navigable Streams https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=124340&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 124340 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=124340&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 124340 03/11/2026 (a) This subchapter applies to applications to lease public lands dedicated to the permanent school fund for the purpose of exploring for or developing groundwater resources located on or under such lands.(b) The provisions of this subchapter are intended to assure that the groundwater resources of permanent school fund lands are developed and produced in a manner that maximizes their potential while recognizing and taking into account the public interest, sound water use and conservation practices, and impacts on existing uses.(c) Projects undertaken by a lessee to develop groundwater resources on permanent school fund lands will be subject to applicable local, state, and federal law as well as any applicable rules of groundwater conservation district(s) in which the lands may be located. For land not located in a groundwater conservation district, the commissioner may require development consistent with the rules of any groundwater conservation district with jurisdiction over an aquifer that is likely to be affected by the project. Such projects may not export groundwater produced from state-owned land to a foreign country.(d) Lessees will be authorized to develop groundwater resources on permanent school fund lands only when sufficient scientific data and technical information is available for an informed determination that the groundwater resource can be produced in a manner that will support an economically viable market with a sustained yield that does not significantly affect current uses of adjoining users of water from the same source in an adverse manner.(e) The commissioner shall submit proposed leases of permanent school fund lands that include authorization for the commercial development of groundwater resources to the School Land Board for review and comment prior to final approval and execution of any such leases. Additionally, any regional water planning group and/or groundwater conservation district in which lands proposed for such leases are located shall be notified prior to final approval and execution of any such leases. Source Note: The provisions of this §13.30 adopted to be effective April 23, 2006, 31 TexReg 3264. 1 GENERAL LAND OFFICE 13 LAND RESOURCES C GROUNDWATER LEASING §13.30 Statement of Policy https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=124341&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 124341 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=124341&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 124341 03/11/2026 (a) Permanent school fund lands may be leased for the exploration or development of groundwater resources through either a sealed bid procedure or through direct negotiation, at the discretion of the commissioner. Municipalities and other providers of public water supplies may be given a priority preference to lease permanent school fund lands for development of a municipal or domestic water supply.(b) A party interested in leasing permanent school fund lands for the exploration or development of groundwater resources may submit a lease application. Alternatively, the commissioner or GLO staff may nominate a tract or tracts for inclusion in a sealed bid lease sale. A tract proposed for lease or nominated shall be described in sufficient detail that it can be identified and evaluated by interested parties. The commissioner will determine the lease procedure to be followed after considering interest in a tract and the best interest of the State.(1) Contents of Application. A party interested in leasing permanent school fund lands for the exploration or development of groundwater resources shall submit an application to the GLO on forms approved by the commissioner. An acceptable application shall include the following information:(A) Name, address, and phone number of the person or entity submitting the application. For applicants other than natural persons, an organizational charter or certificate and related documentation of its current authority to conduct business in Texas and the name and official capacity of an authorized representative or agent shall also be provided.(B) A description of the permanent school fund lands sought to be leased.(C) A description of the purpose of the lease and the activities to be undertaken or conducted on the leased premises.(D) A map on a scale adequate to show the location of the proposed lease. State tract numbers and names of rivers, streams, and lakes shall be shown where applicable. Location of project features should be depicted to the extent such information is available.(E) A business plan that describes the various phases of a groundwater development project, including exploration and analysis, regulatory compliance, project budget and financing alternatives, marketing, development and production, right of way acquisition, and transportation and delivery. The plan should also detail the expertise available to evaluate scientific data and information and to assure that the permitted uses can be conducted in a manner consistent with sound engineering and management principles.(F) Such other financial and background information about the proposed lessee, related entities, principals, or guarantors as may be requested by the commissioner to evaluate the application, the creditworthiness and experience of the applicant, or the potential viability of the proposed project.(2) Nomination procedures. The commissioner or GLO staff may nominate a tract for lease. In the event the commissioner determines that a bid sale is in the best interest of the State, the commissioner will set the terms and conditions upon which such nominated tracts will be offered for lease. These terms will be advertised and bids taken. The commissioner may accept the best bid meeting the minimum requirement set by the commissioner or by law, or the commissioner may reject any or all bids.(c) Leases under this chapter may include provisions for bonuses upon execution, delay rentals, shut-in royalties, production royalties, advance royalties, in-kind royalties, or include the State or the permanent school fund as a participating interest in the development or exploration. Source Note: The provisions of this §13.31 adopted to be effective April 23, 2006, 31 TexReg 3264. 1 GENERAL LAND OFFICE 13 LAND RESOURCES C GROUNDWATER LEASING §13.31 Leasing Procedures https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150834&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 150834 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150834&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 150834 03/11/2026 (a) This subchapter applies to applications to purchase or lease vacant land filed on or after June 18, 2009. This subchapter implements Texas Natural Resources Code §§51.171 - 51.195, Acts 2005, 79th Legislature, Chapter 974 (2005), as amended in Acts 2009, 81st Legislature, Chapter 1175 (2009).(b) Texas Natural Resources Code §§51.171 - 51.192 and the related regulations at Subchapter F, §§13.71 - 13.83 of this chapter (relating to Vacancy Process), continue to apply to applications pending before the General Land Office and actions arising out of vacancy applications pending in the courts of the State of Texas on or before June 18, 2009.(c) To the extent permitted by statute and upon written request of a party, the commissioner may grant an extension of time to comply with a requirement of this subchapter or of Subchapter E of Chapter 51 of the Texas Natural Resources Code, relating to Sale or Lease of Vacancies.(d) The commissioner may waive any time limitation set forth in this subchapter or Subchapter E of Chapter 51 of the Texas Natural Resources Code, relating to Sale or Lease of Vacancies, but only to the extent that the waiver does not materially prejudice the rights of a necessary party. Source Note: The provisions of this §13.32 adopted to be effective February 22, 2011, 36 TexReg 1154. 1 GENERAL LAND OFFICE 13 LAND RESOURCES E VACANCIES §13.32 General Provisions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150835&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 150835 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150835&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 150835 03/11/2026 The following terms, when used in this subchapter, mean the following unless the context clearly indicates otherwise.(1) "Applicant" means any person, including a good-faith claimant, who files a vacancy application.(2) "Application commencement date" means the date determined by the commissioner following the agency's determination that the application is administratively complete, which generally will be not later than thirty days following the date of the letter determining that the application is administratively complete.(3) "Agency" means the General Land Office.(4) "Board" means the School Land Board.(5) "Chief surveyor" means the chief surveyor of the General Land Office.(6) "Commissioner" means the commissioner of the General Land Office.(7) "Cost deposit" means an advance payment required to be made by the applicant to cover the anticipated costs of a vacancy proceeding.(8) "Eligible surveyor" means a duly elected county surveyor in a county that has an elected county surveyor or a licensed state land surveyor as defined in §1071.002(5) of the Texas Occupations Code.(9) "Exception" means an objection or protest.(10) "Exceptor" means the necessary party filing an exception to a survey or vacancy application.(11) "Good-faith claimant" means a person who, on the application commencement date:(A) occupies or uses or has previously occupied or used, or whose predecessors in interest in the land alleged to be vacant have occupied or used, the land or any interest in the land for any purposes, including occupying or using:(i) the surface or mineral estate for any purposes, including exploring for or removing oil, gas, sulphur, or other minerals and geothermal resources from the land;(ii) an easement or right-of-way; or(iii) a mineral royalty or leasehold interest;(B) has had, or whose predecessors in interest have had, the land alleged to be vacant enclosed or within definite boundaries recognized in the community and in possession under a chain of title for a period of at least ten (10) years with a good-faith belief that the land was included within the boundaries of a survey or surveys that were previously titled, awarded, or sold under circumstances that would have vested title in the land if the land were actually located within the boundaries of the survey or surveys;(C) is the owner of land:(i) that adjoins the land alleged to be vacant; and(ii) for which no vacancy application has been previously filed; or(D) holds title under a person described by subparagraph (A), (B), or (C) of this paragraph or is entitled to a distributive share of a title acquired under an application filed by a person described by subparagraph (A), (B), or (C) of this paragraph.(12) "Interest" means any right or title in or to real property, including a surface, subsurface, or mineral estate.(13) "Lease vacant land" means to obtain a mineral lease for the mineral estate appurtenant to the vacancy or any portion thereof.(14) "Mineral estate" means an estate in or ownership of all or part of the minerals underlying a specified tract of land, and a right of entry and use to obtain the minerals.(15) "Necessary party" means:(A) an applicant or good-faith claimant whose present legal interest in the surface or mineral estate of the land alleged to be vacant may be adversely affected by a vacancy determination;(B) a person who asserts a right to or who claims an interest in land alleged to be vacant;(C) a person who asserts a right to or who claims an interest in land adjoining land alleged to be vacant as shown in the records of the agency or the county records, including tax records, of any county in which all or part of the land alleged to be vacant is located;(D) a person whose name appears in the records described by subparagraph (C) of this paragraph;(E) an attorney ad litem appointed under §13.41 of this title (relating to Processing Vacancy: Attorney Ad Litem); or(F) only for purposes of notifications required to be sent to necessary parties under this subchapter, any surveyor involved in the vacancy application and any party who has notified the agency in writing that he or she is representing the interests of a necessary party.(16) "Permanent interest" means an interest established under any existing instrument or document that is not limited to a finite time period.(17) "Permanent School Fund land" means lands dedicated to fund public schools by Article VII, Sections 5(a) and (c) of the Texas Constitution.(18) "Surface estate" means an estate in or ownership of the surface of a particular tract of land.(19) "Survey report" means a written report of a survey conducted by a licensed state land surveyor or a county surveyor of the county in which a majority of the land alleged to be vacant is located.(20) "Unsurveyed" means land that was never surveyed out of the sovereign lands of the state and, for purposes of this subchapter, such land remains unsurveyed until the vacancy process has concluded, and the land is recorded in the records of the General Land Office as Permanent School Fund land.(21) "Vacancy" means an area of unsurveyed public school land that:(A) is not in conflict on the ground with land previously titled, awarded, or sold;(B) has not been listed on the records of the land office as public school land; and(C) was not, on the application commencement date:(i) subject to an earlier subsisting application;(ii) subject to a vacancy application denied with prejudice;(iii) the subject of pending litigation relating to state ownership or possession of the land; or(iv) subject to a previous vacancy application that has been finally adjudicated by the commissioner or a court of this state or the United States.(22) "Vacancy application" means a form submitted to the commissioner by an applicant to:(A) initiate a determination by the commissioner whether land alleged to be vacant is vacant; and(B) acquire an interest in vacant land under the provisions of this subchapter and Subchapter E of Chapter 51 of the Texas Natural Resources Code and under the terms and conditions set by the SLB.(23) "Vacant land" means the surface, subsurface or mineral estate, or any combination of the surface, subsurface and mineral estates, of land determined to be a vacancy, or any portion thereof. Source Note: The provisions of this §13.33 adopted to be effective February 22, 2011, 36 TexReg 1154. 1 GENERAL LAND OFFICE 13 LAND RESOURCES E VACANCIES §13.33 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150836&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 150836 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150836&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 150836 03/11/2026 (a) An applicant seeking a vacancy determination should file a vacancy application on the form prescribed by the commissioner, which may be obtained as follows:(1) by request in a letter addressed to the Vacancy Administrator, Texas General Land Office, Legal Services Division, P.O. Box 12873 (physical address 1700 N. Congress Avenue 78701), Austin, Texas 78711-2873; or(2) on the agency's website at www.glo.texas.gov.(b) A completed application must include the following:(1) A description of the land alleged to be vacant that is sufficient to locate the land on the ground.(2) A written statement indicating the interest or interests in the land alleged to be vacant that the applicant seeks to purchase or lease.(3) Evidence that a vacancy exists in the form of:(A) a survey report, including:(i) the field notes describing the land and the lines and corners surveyed; and(ii) a plat depicting the results of the survey; or(B) an abstract of title to each parcel of land that adjoins the land alleged to be vacant.(4) A list, in a format prescribed by the commissioner, containing the name, last known mailing address, telephone number, and e-mail address (if available) of each necessary party.(5) An affidavit executed by the applicant affirming that the applicant conducted a diligent search of local land and property tax records in formulating the list of necessary parties described in paragraph (4) of this subsection.(c) To facilitate the identification of necessary parties, an applicant who also seeks status as a good-faith claimant should file the good-faith claimant affidavit and supporting documentation with the land office prior to the determination that the application is administratively complete.(d) If the applicant wishes to request that the commissioner appoint a surveyor for the vacancy application, the request must be included with the application. Source Note: The provisions of this §13.34 adopted to be effective February 22, 2011, 36 TexReg 1154. 1 GENERAL LAND OFFICE 13 LAND RESOURCES E VACANCIES §13.34 Vacancy Application: Requirements https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150837&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 150837 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150837&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 150837 03/11/2026 (a) The applicant must file the original and a duplicate copy of the vacancy application with the county clerk of each county in which all or part of the land alleged to be vacant is located.(b) The county clerk shall mark the exact date and hour of filing on the original and a duplicate copy of the vacancy application and shall return a marked copy to the person filing the application. The original shall be recorded in a book kept for that purpose separate from the deed or real property records. The failure to record a vacancy application as provided by this subsection does not affect the validity of the application filing.(c) Not later than the fifth day after the date an applicant files the vacancy application with the county clerk, the applicant shall file a duplicate copy of the marked copy received from the county clerk with the county surveyor of each county in which all or part of the land alleged to be vacant is located if that county has a county surveyor.(d) Priority among vacancy applications covering the same land alleged to be vacant is determined by the earliest time of filing indicated by the date and hour marked on the application by the county clerk. Source Note: The provisions of this §13.35 adopted to be effective February 22, 2011, 36 TexReg 1154. 1 GENERAL LAND OFFICE 13 LAND RESOURCES E VACANCIES §13.35 Vacancy Application: Filing in the County Land Records https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150838&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 150838 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150838&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 150838 03/11/2026 (a) The applicant shall submit to the commissioner two duplicate copies of the marked copy that has been file-stamped by the county clerk not later than the 30th day after the date the vacancy application is filed with the county clerk. The commissioner shall mark the date on which the two duplicate copies are received on each copy, assign a file number to the vacancy application, and return a marked duplicate copy containing the file number to the applicant.(b) The applicant shall include the applicable filing fees for the documents submitted as set forth in §3.31(b) of this title (relating to Fees). The fees for a properly filed application are non-refundable. Source Note: The provisions of this §13.36 adopted to be effective February 22, 2011, 36 TexReg 1154. 1 GENERAL LAND OFFICE 13 LAND RESOURCES E VACANCIES §13.36 Vacancy Application: Filing in the Land Office https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150839&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 150839 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150839&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 150839 03/11/2026 (a) When a vacancy application is received by the agency, the chief surveyor will determine whether the application was properly filed under §13.34 of this title (relating to Vacancy Application: Requirements).(b) The date of the chief surveyor's determination that the application is properly filed is the filing date for the vacancy application, and the filing date shall be noted on the application.(c) The commissioner may reject an application:(1) if an application is deemed not properly filed; or(2) if the agency files contain a previous determination that the land described in the application is not vacant.(d) If the commissioner rejects an application under subsection (c) of this section, the agency will inform the applicant in writing that the file has been rejected and the reasons for the rejection.(1) A file rejected under subsection (c)(1) of this section shall be endorsed "dismissed without prejudice."(2) A file rejected under subsection (c)(2) of this section shall be endorsed "dismissed with prejudice."(e) Termination of an application means that no substantive determination was made on the vacancy application. When an application is terminated, the file will be endorsed with "dismissed without prejudice" and a statement of the reason for termination. The agency may terminate an application:(1) when the applicant refuses or fails to make a required cost deposit; or(2) when the applicant refuses or fails to perform any other act required by the agency under this subchapter. Source Note: The provisions of this §13.37 adopted to be effective February 22, 2011, 36 TexReg 1154. 1 GENERAL LAND OFFICE 13 LAND RESOURCES E VACANCIES §13.37 Vacancy Application: Application Properly Filed https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150840&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 150840 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150840&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 150840 03/11/2026 (a) The properly filed vacancy application will be deemed administratively complete when the agency determines that the applicant has submitted all the necessary documents in the proper form to support a claim of vacancy.(b) Within forty-five (45) days after the date that the application is deemed properly filed, the agency will inform the applicant in writing of any deficiencies in the application.(c) The applicant shall have a reasonable period of time to resolve the deficiencies, not to exceed thirty (30) days. If the applicant fails to resolve the deficiencies in the application, the agency shall reject the application without prejudice, and will so inform the applicant in writing. If the application is rejected, the file will be endorsed with "dismissed without prejudice," and a statement of the reason for rejection. Source Note: The provisions of this §13.38 adopted to be effective February 22, 2011, 36 TexReg 1154. 1 GENERAL LAND OFFICE 13 LAND RESOURCES E VACANCIES §13.38 Vacancy Application: Administrative Completeness https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150841&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 150841 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150841&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 150841 03/11/2026 (a) A cost deposit from the applicant is required for the agency to evaluate and investigate the vacancy application. Any required deposit shall be used only for the agency's administrative costs, the expenses of a survey (if the commissioner appoints a surveyor), and other investigative and related costs, including attorney ad litem fees, the cost of hearings, and recording fees. The minimum initial cost deposit for a vacancy application is usually not less than $3,000.00, and is significantly higher if the commissioner will appoint the surveyor.(b) From time to time, the agency may require the applicant to pay a supplemental cost deposit to cover anticipated expenses related to the vacancy application. The agency will send a written request for a supplemental cost deposit to the applicant.(c) The applicant shall submit cost deposit funds to the agency in cash (including cashier checks, certified checks, money orders or electronic funds transfer). The agency will inform the applicant in writing of the procedures for submitting payment. For purposes of this subchapter, the deposit date shall be the date of tender.(d) The applicant must submit the required cost deposits no later than the date set forth in the agency's written notice that a cost deposit is due. If the applicant fails to timely submit the initial deposit or within the time period set forth in the notice for a supplemental cost deposit, the agency may terminate the application without prejudice, and shall so notify the applicant in writing.(e) At the conclusion of the vacancy proceeding, the agency will provide a written statement to the applicant of all deposits and expenditures from the cost deposits paid by the applicant. Such a statement may be issued to the applicant during the proceeding upon written request.(f) The unexpended balance of the cost deposit will be refunded to the applicant at conclusion of the vacancy process. Source Note: The provisions of this §13.39 adopted to be effective February 22, 2011, 36 TexReg 1154. 1 GENERAL LAND OFFICE 13 LAND RESOURCES E VACANCIES §13.39 Vacancy Application: Cost Deposit https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150842&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 150842 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150842&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 150842 03/11/2026 (a) Not later than thirty days following the application commencement date, the agency shall send a written notice of vacancy application to all necessary parties by regular mail and by certified mail, return receipt requested. The notice shall include the following documents:(1) a copy of the vacancy application, including the survey report, plat and field notes, if included in the application;(2) a form requesting future notices from the agency concerning the vacancy application described in subsection (b) of this section, which should be signed by the necessary party and returned to the agency; and(3) a summary explanation of the vacancy process, including the right of a necessary party to file an exception to the survey or to the application.(b) The agency shall provide each necessary party with an opportunity to receive all future notices throughout the vacancy proceeding. The agency shall provide a notice with the initial notice under subsection (a) of this section, or separately, that clearly advises the necessary parties that future notices will not be provided unless specifically requested. If future notices are requested, the agency shall provide such future notices by mail, facsimile or as otherwise reasonably requested by a necessary party. No party involved in the vacancy process may use or assist any other person in using the names, addresses, telephone numbers, e-mail addresses or other information about the necessary parties for personal gain.(c) If the attorney ad litem notifies the agency that any additional necessary parties have been identified, the agency shall send a written notice to each additional necessary party in the manner described in subsection (a) of this section. Source Note: The provisions of this §13.40 adopted to be effective February 22, 2011, 36 TexReg 1154. 1 GENERAL LAND OFFICE 13 LAND RESOURCES E VACANCIES §13.40 Processing Vacancy: Notice to Necessary Parties https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150843&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 150843 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150843&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 150843 03/11/2026 (a) If, based on all the documents submitted, the applicant's list of necessary parties appears to be incomplete, the agency will conduct an investigation of the ownership interests in the alleged vacant land and in the land surrounding the alleged vacant land to ensure that all necessary parties have been identified and located. The investigation shall be completed within sixty (60) days of the application commencement date.(b) If the agency concludes from its investigation that the applicant has not identified and located all necessary parties, the commissioner will appoint an attorney ad litem within thirty (30) days of the conclusion of the investigation.(c) The agency shall provide the attorney ad litem with all documents submitted by the applicant and the results of the investigation described in subsection (a) of this section.(d) The attorney ad litem shall search public records and other available records to identify and locate necessary parties.(e) At the conclusion of his or her search, the attorney ad litem shall promptly provide the following documents to the agency:(1) If no additional necessary parties were identified, a declaration that no additional necessary parties were identified.(2) If additional necessary parties were identified, the name, last known address, and e-mail address (if known) for each additional necessary party and a brief description of the nature of the interest of each additional necessary party.(3) An affidavit attesting to the attorney ad litem's determination, including a description of the search conducted, the records consulted, the time spent on the search, and the attorney ad litem's determination regarding the identification of additional necessary parties.(f) At the agency's request, the attorney ad litem may perform related services, such as searching for the location of an identified necessary party whom the agency deems unlocated.(g) If the attorney ad litem certifies to the agency that he or she believes that the interests of other necessary parties should be represented at a hearing, the agency shall request the attorney ad litem to represent the interests of such necessary party or parties until the commissioner issues an order finding no vacancy or finding that a vacancy exists.(h) The attorney ad litem is entitled to reasonable compensation for services. The reasonable fees for services and costs incurred by the attorney ad litem shall be paid by the agency from the applicant's cost deposit. Source Note: The provisions of this §13.41 adopted to be effective February 22, 2011, 36 TexReg 1154. 1 GENERAL LAND OFFICE 13 LAND RESOURCES E VACANCIES §13.41 Processing Vacancy: Attorney Ad Litem https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150844&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 150844 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150844&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 150844 03/11/2026 (a) If the agency sends a notice to a necessary party and the notice is returned, the agency shall make reasonable efforts to locate the necessary party. If the reasonable efforts do not locate the necessary party, the agency, in its sole discretion, may request that the attorney ad litem make additional reasonable efforts to locate such necessary party.(b) If the agency or the attorney ad litem cannot locate an identified necessary party, the agency shall publish notice in a newspaper of general circulation in the county and general area where the land alleged to be vacant is located. The notice shall be published once a week for three consecutive weeks. The notice shall:(1) describe the alleged vacant land as it is described in the application and state whether a survey was filed with the application; if a survey was filed, the notice shall also advise necessary parties of their right to receive a copy of the survey and to file exceptions to the application or the survey;(2) advise the public that the agency has accepted the application and contact information for agency staff handling the vacancy application;(3) include applicant's full name and address;(4) advise necessary parties not otherwise notified to contact agency for copies of the application, survey and other related existing documents; and(5) advise necessary parties that no further notices will be provided unless a request for same is made to the agency.(c) The agency shall request the attorney ad litem to represent the interest of any identified, unlocated necessary party. Source Note: The provisions of this §13.42 adopted to be effective February 22, 2011, 36 TexReg 1154. 1 GENERAL LAND OFFICE 13 LAND RESOURCES E VACANCIES §13.42 Necessary Party Identified But Not Located https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150845&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 150845 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150845&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 150845 03/11/2026 (a) A necessary party may file an exception or exceptions to the survey or to the vacancy application within sixty (60) days of the date of the notice of vacancy application from the agency, or within thirty (30) days of the date of notice of an appointed surveyor's report under §13.47 of this title (relating to Appointed Surveyor's Report). The exceptor must send a copy of the exception to each necessary party that requested continuation of notices by regular mail and by certified mail, return receipt requested.(b) The agency shall provide a written list of all necessary parties to the vacancy application and their contact information to any necessary party upon written request.(c) An exception will be accepted for filing if it includes the following documentation:(1) the GLO file number, the name of the applicant, and the name of the county stated in the vacancy application;(2) a statement of the legal and factual basis for each exception; and(3) a statement certifying that a copy of the exception or exceptions has been sent by regular mail and by certified mail, return receipt requested, to each necessary party to the vacancy.(d) Exceptions shall clearly identify the corner, course, distance or other relevant factor that is being challenged. The exceptions shall also reference the legal or other expert authorities relied upon to support the challenges to the survey.(e) The failure of a party to file exceptions to a survey will not be considered as agreement with or acquiescence in any survey purporting to show the existence of a vacancy. The commissioner will not consider the failure to file exceptions when deciding whether a vacancy exists.(f) If additional necessary parties are identified after the exceptor has sent copies of the exception or exceptions to the then-identified necessary parties, the agency shall include a copy of the exception in its notice of vacancy application to each additional necessary party. Source Note: The provisions of this §13.43 adopted to be effective February 22, 2011, 36 TexReg 1154. 1 GENERAL LAND OFFICE 13 LAND RESOURCES E VACANCIES §13.43 Necessary Party Exceptions to Survey or Vacancy Application https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150846&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 150846 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150846&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 150846 03/11/2026 (a) The commissioner shall conduct an investigation of the vacancy application.(b) The investigation shall include, but is not limited to:(1) an evaluation of the vacancy application;(2) a determination that the vacancy application was properly filed and administratively complete; and(3) a review of public records at the general land office relating to the land alleged to be vacant.(c) The investigation may include a review of:(1) any survey conducted by a licensed state land surveyor or by the county surveyor of a county in which all or part of the land alleged to be vacant is located; or(2) any documents or public records necessary to determine whether a vacancy exists.(d) An investigation may include a survey requested by the commissioner or a surveyor's report prepared by a surveyor appointed by the commissioner.(e) The commissioner shall record the names of the persons consulted, the documents and surveys reviewed, and the relevant law and other materials used in the investigation. Source Note: The provisions of this §13.44 adopted to be effective February 22, 2011, 36 TexReg 1154. 1 GENERAL LAND OFFICE 13 LAND RESOURCES E VACANCIES §13.44 Investigation of Vacancy Application https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150857&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 150857 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150857&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 150857 03/11/2026 (a) To investigate a vacancy application, the commissioner may require a survey. If the commissioner requires a survey, the commissioner shall appoint a licensed state land surveyor who is not associated with the vacancy application to prepare a report. The commissioner may limit the scope of the work performed by the surveyor.(b) A necessary party may observe a survey conducted under this section. A survey will not be delayed to accommodate a necessary party who provides notice to the commissioner that the party intends to observe the surveyor conducting the survey.(c) The commissioner shall send a notice of intention to survey to each necessary party by regular mail and by certified mail, return receipt requested, not later than the 30th day before the date the surveyor begins work. The notice must contain:(1) the proposed starting date of the survey;(2) the name, address, and telephone number of the surveyor; and(3) a statement informing the necessary party that any necessary party may observe the field work of the surveyor conducting the survey. Source Note: The provisions of this §13.45 adopted to be effective February 22, 2011, 36 TexReg 1154. 1 GENERAL LAND OFFICE 13 LAND RESOURCES E VACANCIES §13.45 Commissioner's Survey https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150847&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 150847 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150847&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 150847 03/11/2026 (a) An applicant may request that the commissioner appoint a surveyor to perform the survey required for a vacancy determination. Such request must be made in writing in the vacancy application.(b) The applicant must bear the cost of the performance of the requested survey by a surveyor appointed by the commissioner. Therefore, upon the commissioner's decision to grant the request for appointment of a surveyor, the agency shall request a cost deposit from the applicant to cover the projected cost of the survey. If the cost deposit payment is not received by the agency within thirty (30) days of the date of the notice of cost deposit from the agency described in §13.39(d) of this title (relating to Vacancy Application: Cost Deposit), the application may be dismissed without prejudice.(c) The commissioner is under no obligation to appoint a surveyor upon request, but, in the commissioner's sole discretion, he or she may appoint a licensed state land surveyor in the manner described in §13.45 of this title (relating to Commissioner's Survey). Source Note: The provisions of this §13.46 adopted to be effective February 22, 2011, 36 TexReg 1154. 1 GENERAL LAND OFFICE 13 LAND RESOURCES E VACANCIES §13.46 Surveyor Appointed Upon Request of Applicant https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150848&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 150848 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150848&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 150848 03/11/2026 (a) Not later than the 120th day after the date a surveyor is appointed under §13.45 or §13.46 of this title (relating to Commissioner's Survey or Surveyor Appointed Upon Request of Applicant), the surveyor shall file a written report of the survey, the field notes describing the land and the lines and corners surveyed, a plat depicting the results of the survey, and any other information required by the commissioner. The commissioner may extend the time for filing the report as reasonably necessary.(b) The survey report must also contain:(1) the name and last known mailing address of:(A) each person who has possession of the land described in the vacancy application; and(B) each person determined by the surveyor to have an interest in the land; and(2) all abstract numbers associated with surveys of land adjoining the land alleged to be vacant. Source Note: The provisions of this §13.47 adopted to be effective February 22, 2011, 36 TexReg 1154. 1 GENERAL LAND OFFICE 13 LAND RESOURCES E VACANCIES §13.47 Appointed Surveyor's Report https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150849&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 150849 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150849&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 150849 03/11/2026 (a) The commissioner shall serve a true copy of the survey report filed by the surveyor appointed under §13.45 or §13.46 of this title (relating to Commissioner's Survey or Surveyor Appointed Upon Request of Applicant) on each necessary party, including those named in the survey report, by certified mail, return receipt requested, not later than the 30th business day after the date the survey report is filed with the land office.(b) Any necessary party may file exceptions to the appointed surveyor's report under §13.43 of this title (relating to Necessary Party Exceptions to Survey or Vacancy Application). Source Note: The provisions of this §13.48 adopted to be effective February 22, 2011, 36 TexReg 1154. 1 GENERAL LAND OFFICE 13 LAND RESOURCES E VACANCIES §13.48 Completion of Survey by Appointed Surveyor https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150850&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 150850 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150850&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 150850 03/11/2026 (a) An appointed surveyor may be removed upon motion of the commissioner or of any necessary party.(b) Petition for removal.(1) Any necessary party may petition the commissioner for the removal of an appointed surveyor because of bias, prejudice, or conflict of interest.(2) Any person petitioning the commissioner for removal of an appointed surveyor shall pay all actual costs, but not less than $250.00, for processing the petition for removal including, but not limited to, the cost of the hearing, mailing, copying and staff time and expenses.(3) The petition must be post marked no later than thirty days after the date of the notice of intention to survey described in §13.45(c) of this title (relating to Commissioner's Survey).(4) An action for removal of an appointed surveyor shall be conducted under the contested-case hearing rules under Chapter 2 of this title (relating to Rules of Practice and Procedure).(5) The movant for removal of an appointed surveyor must send a copy of the petition for removal and all exhibits thereto to each necessary party by regular mail and by certified mail, return receipt requested.(c) Grounds for removal for bias, prejudice, or conflict of interest(1) The following actions constitute bias or prejudice for purposes of removal:(A) Communicating to another person orally or in writing a personal animus against a necessary party or against a necessary party's position in the vacancy proceeding.(B) Communicating to another person orally or in writing a personal preference for a necessary party or for a necessary party's position in the vacancy proceeding.(2) The following actions constitute conflicts of interest for purposes of removal:(A) acceptance or solicitation of any gift, favor, or service that might reasonably tend to influence the appointed surveyor in the performance of the survey, or that the surveyor knows or should know is being offered with the intent to influence the surveyor's conduct;(B) intentionally or knowingly soliciting, accepting, or agreeing to accept any benefit, other than payment for services by the commissioner, for performing the survey in a manner that favors any necessary party;(C) accepting other work that could reasonably be expected to impair the surveyor's independence of judgment in the performance of the survey;(D) making personal investments, or have a personal or financial interest, that could reasonably be expected to create a substantial conflict between the surveyor's private interest and the interest of the commissioner or any necessary party;(E) having a relative within the second degree of consanguinity or affinity or a co-owner or partner in a business enterprise who makes personal investments, or has a personal or financial interest that could reasonably be expected to create a substantial conflict of interest between the relative's or business associate's private interest and the interest of the commissioner or any necessary party; or(F) having a relative within the second degree of consanguinity or affinity of the applicant, the commissioner, or an employee of the agency who actively participates in vacancy determinations.(d) No final order of the commissioner removing or denying removal of a surveyor shall be reconsidered unless the commissioner finds that relevant facts that could not have been discovered timely through due diligence compel reconsideration to avoid gross injustice. The commissioner's decision regarding the removal of a surveyor is not a final administrative order and is not subject to appeal.(e) The fact that a petition for removal of a surveyor has been filed or the removal of a surveyor under this section shall not be a basis for disciplinary action against that surveyor under Texas Occupations Code, Title 6, Chapter 1071.(f) The commissioner on his or her own motion may remove a surveyor for bias, prejudice, or conflict of interest only in accordance with this section. Source Note: The provisions of this §13.49 adopted to be effective February 22, 2011, 36 TexReg 1154. 1 GENERAL LAND OFFICE 13 LAND RESOURCES E VACANCIES §13.49 Removal of an Appointed Surveyor https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150851&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 150851 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150851&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 150851 03/11/2026 (a) Prior to the first anniversary of the application commencement date, the commissioner may issue an order finding that the alleged vacancy is "Not Vacant Land" at any time following the completion of the investigation of the vacancy under §13.44 of this title (relating to Investigation of Vacancy Application) without a hearing. After the first anniversary of the application commencement date, the commissioner may issue an order finding "Not Vacant Land" without a hearing unless a necessary party has properly filed an exception to the application or the survey under §13.43 or §13.48(b) of this title (relating to Necessary Party Exceptions to Survey or Vacancy Application or Completion of Survey by Appointed Surveyor).(b) The agency shall send a copy of the commissioner's final order finding the alleged vacancy to be "Not Vacant Land" to each necessary party that can be located regardless of whether the necessary party requested continuation of notices. The orders shall be sent by regular mail and certified mail, return receipt requested, not later than the 15th day following the date of the final order.(c) A final order of the commissioner finding "Not Vacant Land" is conclusive as to the land investigated during the vacancy proceedings and may not be appealed. Source Note: The provisions of this §13.50 adopted to be effective February 22, 2011, 36 TexReg 1154. 1 GENERAL LAND OFFICE 13 LAND RESOURCES E VACANCIES §13.50 Finding of Not Vacant Land https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150852&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 150852 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150852&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 150852 03/11/2026 Unless a hearing is required under §13.52 of this title (relating to Findings that Require Hearing), the commissioner may find that a vacancy exists by issuing a final order supported by findings of fact and conclusions of law at any time following the completion of the investigation of the vacancy under §13.44 of this title (relating to Investigation of Vacancy Application). Source Note: The provisions of this §13.51 adopted to be effective February 22, 2011, 36 TexReg 1154. 1 GENERAL LAND OFFICE 13 LAND RESOURCES E VACANCIES §13.51 Findings that a Vacancy Exists https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150853&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 150853 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150853&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 150853 03/11/2026 (a) A hearing must be held under §51.187 of the Texas Natural Resources Code if both of the following conditions exist:(1) a necessary party has properly filed an exception to the survey or the application under §13.43 or §13.48(b) of this title (relating to Necessary Party Exceptions to Survey or Vacancy Application or Completion of Survey by Appointed Surveyor) and the commissioner has not issued a final order finding "Not Vacant Land" prior to the first anniversary of the application commencement date; and(2) the chief surveyor has determined after the investigation under §13.44 of this title (relating to Investigation of Vacancy Application) that a vacancy may exist.(b) If a hearing is required, the commissioner shall order a hearing to determine whether a vacancy exists following the completion of the investigation. The agency shall provide notice of the hearing order to each necessary party that requested continuation of notices by regular mail and by certified mail, return receipt requested, within thirty (30) days of the date of the order.(c) The hearing shall be held not later than sixty (60) days following the date of the hearing order.(d) A vacancy hearing will be conducted as a contested case hearing under the rules of Chapter 2 of this title (relating to Rules of Practice and Procedure). Source Note: The provisions of this §13.52 adopted to be effective February 22, 2011, 36 TexReg 1154. 1 GENERAL LAND OFFICE 13 LAND RESOURCES E VACANCIES §13.52 Findings that Require Hearing https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150854&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 150854 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150854&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 150854 03/11/2026 (a) If all necessary parties that can be located enter into an agreement with the commissioner that a hearing required by §13.52 of this title (relating to Findings that Require Hearing) may be waived, no hearing is required.(b) After the chief surveyor determines that a vacancy may exist, the agency may send a waiver agreement to each necessary party that can be located, stating that the commissioner and the necessary party agree that the hearing requirement may be waived. Upon receipt of signed waiver agreements from each necessary party that can be located, the commissioner shall complete the work necessary to issue a final order. Source Note: The provisions of this §13.53 adopted to be effective February 22, 2011, 36 TexReg 1154. 1 GENERAL LAND OFFICE 13 LAND RESOURCES E VACANCIES §13.53 Waiver of Hearing Requirement https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150855&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 150855 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150855&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 150855 03/11/2026 (a) Following the investigation described in §13.44 of this title (relating to Investigation of Vacancy Application) and a hearing, if one is required by §13.52 of this title (relating to Findings that Require Hearing), the commissioner shall issue a final order with a finding of "Not Vacant Land" or issue an order finding a vacancy exists. Not later than the 15th day after the date the final order is issued, the agency shall notify each necessary party that can be located of the final order by providing each necessary party a copy of the final order.(b) In addition to any information required under Chapter 2 of this title (relating to Rules of Practice and Procedure), a final order finding that a vacancy exists must contain the following information:(1) a finding by the commissioner that the land alleged to be vacant is unsurveyed public school land that is not in conflict with land previously titled, awarded, or sold by the state as established by:(A) clear and convincing proof for an application to which an exception has been filed; or(B) a preponderance of the evidence for an application to which no exceptions have been filed;(2) the field note description used to determine the vacancy, which must be sufficient to locate the land on the ground;(3) an accurate plat of the land that is:(A) consistent with the field notes; and(B) prepared by a licensed state land surveyor or a county surveyor of the county in which all or a part of vacant land is located;(4) a list of all the records reviewed and persons consulted in reaching the determination, including agency staff; and(5) any other matters required by law.(c) In determining the boundaries and size of a vacancy, the commissioner is not restricted to a description of the land alleged to be vacant that is provided by the applicant, the surveyor, or any other person. The commissioner shall adopt the description of a vacancy that best describes the land found to be vacant and that is consistent with the investigation under this subchapter.(d) The commissioner shall file a document entitled "Notice of Claim of Vacancy" (notice). The notice shall contain a legal description of the vacant land and date on which the final order was issued. The commissioner shall file the notice with the county clerk and any county surveyor of each county in which all or a part of the vacancy is located. Source Note: The provisions of this §13.54 adopted to be effective February 22, 2011, 36 TexReg 1154. 1 GENERAL LAND OFFICE 13 LAND RESOURCES E VACANCIES §13.54 Final Orders https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150856&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 150856 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150856&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 150856 03/11/2026 (a) A final order with a finding of "Not Vacant Land" may not be appealed.(b) A final order finding a vacancy exists is subject to appeal by a necessary party that has:(1) a present legal interest in the surface, subsurface or mineral estate at the time a vacancy application is properly filed; or(2) acquired a legal interest in the vacant land before the date of the commissioner's final order.(c) A necessary party may file an appeal not later than the 30th day after the date the commissioner issued the final order. All necessary parties that have been located must be provided notice of an appeal under this section by the party filing the appeal.(d) A person whose predecessor in title was bound by the outcome of an appeal is bound to the same extent that the predecessor in title would be bound if the predecessor in title continued to hold title.(e) The district court in the county in which a majority of the vacant land is located has jurisdiction of an appeal under this subchapter. In an appeal of the commissioner's final order determining that a vacancy exists, the district court shall conduct a trial de novo. The court may review the commissioner's declaration of good-faith claimant status only in conjunction with a review of a final order determining that a vacancy exists. Source Note: The provisions of this §13.55 adopted to be effective February 22, 2011, 36 TexReg 1154. 1 GENERAL LAND OFFICE 13 LAND RESOURCES E VACANCIES §13.55 Appeal of Final Vacancy Order https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150858&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 150858 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150858&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 150858 03/11/2026 (a) A necessary party may apply for good-faith claimant status not later than the 90th day after the date the commissioner issues a final order finding that a vacancy exists.(b) Any person who wishes to assert status as a good-faith claimant must submit a good-faith claimant affidavit together with the applicable filing fees found in §3.31(b) of this title (relating to Fees). The good-faith claimant affidavit is included in the vacancy application, which can be found on the agency's website at www.glo.texas.gov.(c) The following documentation, if applicable, must be submitted with the good-faith claimant affidavit:(1) certified copies of the applicable county records supporting the good-faith claimant's status;(2) documentary evidence, including, if appropriate, affidavits to establish past or present use or occupation of the surface, subsurface or mineral estate of the land alleged to be vacant;(3) proof of color of title or other muniment of title;(4) documentary evidence of possession for a period of at least ten (10) years;(5) a description of the method of enclosure and relevant information about the definite boundaries recognized in the community, including a physical description of those boundaries and evidence of their recognition; and(6) a statement of facts supporting a good-faith belief that the vacant land was within legal boundaries that would have vested title in the claimant. Source Note: The provisions of this §13.56 adopted to be effective February 22, 2011, 36 TexReg 1154. 1 GENERAL LAND OFFICE 13 LAND RESOURCES E VACANCIES §13.56 Application for Good-Faith Claimant Status https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150859&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 150859 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150859&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 150859 03/11/2026 If more than one necessary party files a good-faith claimant affidavit for land or minerals found to be vacant or on some portion thereof or interest therein, and the commissioner enters a finding that more than one claimant is a good-faith claimant, the commissioner shall apply the following priority rules in descending order to determine who is entitled to a preferential right to purchase or lease the vacant land or any portion thereof:(1) claimants qualifying under §13.33(11)(B) of this title (relating to Definitions), which is based on having the land found to be vacant enclosed or within definite boundaries recognized in the community and in possession under a chain of title for a period of at least ten (10) years with a good-faith belief that the land was included within the boundaries of a survey or surveys that were previously titled, awarded, or sold under circumstances that would have vested title in the land to the claimant if the land were actually located within the boundaries of the survey or surveys;(2) claimants qualifying under §13.33(11)(A) of this title, which is based on occupation or use of the land found to be vacant or any interest in the land for any purposes;(3) claimants qualifying under §13.33(11)(D) of this title, which is based in part on holding title under a person described in §13.33(11)(A) or (B) of this title or is entitled to a distributive share of a title acquired under an application filed by a person described in §13.33(11)(A) or (B) of this title with a higher priority given to a person holding title under a person described in §13.33(11)(B) of this title;(4) claimants qualifying under §13.33(11)(C) of this title, which is based on ownership of land adjoining the vacant land; and(5) claimants qualifying under §13.33(11)(D) of this title, which is based in part on holding title under a person described in §13.33(11)(C) of this title or is entitled to a distributive share of a title acquired under an application filed by a person described in §13.33(11)(C) of this title. Source Note: The provisions of this §13.57 adopted to be effective February 22, 2011, 36 TexReg 1154. 1 GENERAL LAND OFFICE 13 LAND RESOURCES E VACANCIES §13.57 Priority Among Good-Faith Claimants https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150860&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 150860 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150860&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 150860 03/11/2026 (a) When determining whether a person is a good-faith claimant, the commissioner may take into account whether, under the facts and circumstances presented, the person should have conducted a title investigation before or after taking possession of the land. The commissioner will also consider whether public records delineated or disclosed the existence of the vacant land prior to the person's use, occupation or possession of the land.(b) Not later than the 120th day after the date the commissioner issues a final order finding that a vacancy exists, the commissioner shall declare whether a necessary party is a good-faith claimant.(c) A declaration of good-faith claimant status grants a preferential right to the claimant to purchase or lease the land or an interest in the land under terms and conditions set by the board as provided by §51.194 of the Texas Natural Resources Code. It confers no other rights. Source Note: The provisions of this §13.58 adopted to be effective February 22, 2011, 36 TexReg 1154. 1 GENERAL LAND OFFICE 13 LAND RESOURCES E VACANCIES §13.58 Declaration of Good-Faith Claimant Status https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150861&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 150861 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150861&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 150861 03/11/2026 (a) A person who is denied good-faith claimant status may:(1) request a hearing by the commissioner; or(2) appeal the denial as part of any appeal of a final order finding that a vacancy exists.(b) If the commissioner grants a hearing, the commissioner shall:(1) determine the scope of the hearing;(2) provide timely notice of the time and place of the hearing to each necessary party; and(3) provide each necessary party an opportunity to be heard. Source Note: The provisions of this §13.59 adopted to be effective February 22, 2011, 36 TexReg 1154. 1 GENERAL LAND OFFICE 13 LAND RESOURCES E VACANCIES §13.59 Appeal of Declaration of Good Faith Claimant Status https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150862&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 150862 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150862&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 150862 03/11/2026 (a) A good-faith claimant who has been notified by the commissioner that a vacancy exists under this subchapter has a preferential right to purchase or lease the interest claimed in the land before the land was declared vacant under terms and conditions set by the board. The preferential right may be exercised after a final judicial determination or after the commissioner's final order and the period for filing an appeal has expired.(b) If a good-faith claimant does not apply to purchase or lease the interest before the later of the 121st day after the date the commissioner's order becomes final or the 60th day after the date of the final judicial determination of an appeal under this subchapter, then the good-faith claimant's preferential right expires.(c) If a good-faith claimant does not close a transaction to purchase or lease the interest before the 121st day after the date the terms and conditions are determined by the board, then the good-faith claimant's preferential right expires.(d) A good-faith claimant may purchase or lease the vacancy by submitting a written application to the board. The agency will provide the good-faith claimant with the proper application.(e) A good-faith claimant that owns a separate surface interest, a contractual right to a mineral or leasehold interest, a leasehold interest, or a royalty interest in the land occupied or used that is found to be part of or to include a vacancy is entitled to purchase or lease that same interest at the price and under the terms and conditions set by the board and in accordance with the law in effect on the date the application is properly filed.(f) If the interest purchased under subsection (e) of this section is less than a permanent interest, then:(1) the interest purchased is limited to the duration of a deed, contract, instrument, or lease in existence before the filing of the vacancy application and subject to a division of the amount of the royalty between the state and the existing royalty owners, provided that the state retains at least one-half of the amount of the royalty interest; and(2) the interest and any remaining mineral interest, including all executory rights, vest with the state at the expiration of the deed, contract, instrument, or lease. Source Note: The provisions of this §13.60 adopted to be effective February 22, 2011, 36 TexReg 1154. 1 GENERAL LAND OFFICE 13 LAND RESOURCES E VACANCIES §13.60 Exercise of Preferential Rights https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150863&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 150863 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150863&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 150863 03/11/2026 (a) If no good-faith claimant exists or if no good-faith claimant exercises a preferential right within the applicable period, the applicant has a preferential right to purchase or lease an interest in the vacant land on or before the 60th day after the date on which:(1) the commissioner determines that no good-faith claimant exists; or(2) the period for a good-faith claimant to exercise a preferential right to purchase or lease the vacant land expires.(b) If a good-faith claimant exercises the claimant's preferential right in the land determined to be vacant, at the board's election, the applicant has a preferential right to either of the following:(1) an award by the board of a perpetual 1/32 nonparticipating royalty of the full mineral interest of the vacancy; or(2) a preferential right to purchase or lease any remaining interest in the vacant land.(c) If a lease that is less than a permanent interest exists on the land determined to be vacant, the applicant's 1/32 nonparticipating royalty interest, as described by subsection (b)(1) of this section, shall be taken from the state's royalty interest as reserved under §13.60(f)(1) of this title (relating to Exercise of Preferential Rights) for the duration of the lease, provided that the applicant's share for the duration of the lease may never equal more than the interest retained by the state.(d) An applicant who exercises a preferential right under subsection (a) or (b)(2) of this section may purchase or lease the vacant land or an interest in the vacant land:(1) at the price set by the board;(2) subject to any royalty or other reservations provided by the board; and(3) in accordance with the law in effect on the date the application is properly filed. Source Note: The provisions of this §13.61 adopted to be effective February 22, 2011, 36 TexReg 1154. 1 GENERAL LAND OFFICE 13 LAND RESOURCES E VACANCIES §13.61 Purchase or Lease by Applicant https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150864&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 150864 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150864&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 150864 03/11/2026 (a) The board shall set the conditions for each sale or lease of vacant land.(b) The board, in its sole discretion, may reserve to the State of Texas for the use and benefit of the permanent school fund all oil, gas, coal, lignite, sulphur, and other mineral substances from which sulphur may be derived or produced, salt, potash, uranium, thorium, groundwater, wind, solar and geothermal resources, and all other minerals in and under the vacant land and by whatever method recovered, as well as the right to lease such minerals and the right of ingress and egress to explore for and produce the same.(c) The board may reserve a royalty in a mineral interest purchased by an applicant in a percentage that the board may determine in its sole discretion.(d) When leasing vacant land, the board may consider the interests of persons who currently hold or previously held mineral interests in adjoining or surrounding lands when determining the fair distribution of the purchase or leasing rights in the mineral estate. Where there is no good faith claimant, the board may enter into agreements with persons holding mineral interests in adjoining or surrounding lands prior to the vacancy determination in lieu of offering the mineral estate for lease to others.(e) The board shall recognize a good-faith claimant's preferential right to purchase the surface and lease the minerals in vacant land by offering the good-faith claimant the first opportunity to purchase and lease under terms and conditions and at a price set by the board.(f) An applicant's preferential right to purchase or lease an interest in vacant land is secondary to the preferential right of good-faith claimants. The board may sell the surface estate and lease the minerals to the applicant under the same conditions as to a good-faith claimant. If neither the good-faith claimant nor the applicant exercises the right to purchase or lease all of the vacant land or any portion thereof within sixty (60) days of the date on which the application for purchase or lease is sent to the good-faith claimant or applicant by the agency, then the agency file shall be endorsed, "surveyed, unsold school land" and may be sold and leased in the manner prescribed by law for sale and lease. Source Note: The provisions of this §13.62 adopted to be effective February 22, 2011, 36 TexReg 1154. 1 GENERAL LAND OFFICE 13 LAND RESOURCES E VACANCIES §13.62 Terms of Sale or Lease by the School Land Board https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18623&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18623 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18623&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18623 03/11/2026 The General Land Office may cooperate with private organizations which are organized or designed to further or support the purposes or programs of mutual interest to the organization and the agency. Any such organization wishing to establish a permanent relationship with the agency as a support organization of the agency must submit copies of its charter and bylaws or other organizational documents to the agency for review. Source Note: The provisions of this §14.1 adopted to be effective August 23, 1991, 16 TexReg 4354. 1 GENERAL LAND OFFICE 14 RELATIONSHIP BETWEEN AGENCY AND PRIVATE ORGANIZATIONS §14.1 Cooperation with Private Organizations https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3495&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3495 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3495&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3495 03/11/2026 The commissioner may designate an officer or employee of the agency to serve as the agency's liaison with private organizations that further or support the purposes or programs of the agency. Source Note: The provisions of this §14.2 adopted to be effective August 23, 1991, 16 TexReg 4354. 1 GENERAL LAND OFFICE 14 RELATIONSHIP BETWEEN AGENCY AND PRIVATE ORGANIZATIONS §14.2 Designation of Agency Liaison https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=26727&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 26727 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=26727&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 26727 03/11/2026 An officer or employee who is designated by the commissioner and serves as contemplated in §14.2 of this title (relating to Designation of Agency Liaison) shall receive no compensation from the private organization for such service. Source Note: The provisions of this §14.3 adopted to be effective August 23, 1991, 16 TexReg 4354. 1 GENERAL LAND OFFICE 14 RELATIONSHIP BETWEEN AGENCY AND PRIVATE ORGANIZATIONS §14.3 Compensation from Private Organizations https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=31067&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 31067 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=31067&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 31067 03/11/2026 The commissioner or his designee may authorize reasonable use of agency personnel, equipment, or property by a private organization in order to further or support the purposes or programs of the agency, provided such usage is commensurate with the benefit received or to be received by the agency or its programs. Source Note: The provisions of this §14.4 adopted to be effective August 23, 1991, 16 TexReg 4354. 1 GENERAL LAND OFFICE 14 RELATIONSHIP BETWEEN AGENCY AND PRIVATE ORGANIZATIONS §14.4 Use of Personnel, Equipment, or Property https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18631&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18631 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18631&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18631 03/11/2026 Nothing herein shall supersede any rule or statute regulating the conduct of an employee of a state agency or the procedures of a state agency. To the extent of any conflict, the other rule or statute shall prevail. Source Note: The provisions of this §14.5 adopted to be effective August 23, 1991, 16 TexReg 4354. 1 GENERAL LAND OFFICE 14 RELATIONSHIP BETWEEN AGENCY AND PRIVATE ORGANIZATIONS §14.5 Conflict https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213584&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 213584 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213584&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 213584 03/11/2026 The General Land Office has identified the following goals as a basis for managing and regulating human impacts on the beach/dune system:(1) to assist coastal citizens and local governments in protecting public health and safety and in protecting, preserving, restoring, and enhancing coastal natural resources including barrier islands and peninsulas, mainland areas bordering the Gulf of Mexico, and the floodplains, beaches, and dunes located there;(2) to aid coastal landowners and local governments in using beachfront property in a manner compatible with preserving public and private property, protecting the public's right to benefit from the protective and recreational functions of a healthy beach/dune system, conserving the environment, conserving flora and fauna and their habitat, ensuring public safety, and minimizing loss of life and property due to inappropriate coastal development and the destruction of protective coastal natural features;(3) to foster mutual respect between public and private property owners and to assist local governments in managing the Texas coast so that the interests of both the public and private landowners are protected;(4) to promote dune protection and ensure that adverse effects on dunes and dune vegetation are avoided whenever practicable. If such adverse effects cannot be avoided and have been minimized, every effort must be made to repair, restore, and rehabilitate existing dunes and dune vegetation;(5) to prevent the destruction and erosion of public beaches and other coastal public resources, to encourage the use of environmentally sound erosion response methods, and to discourage those methods such as rigid shorefront structures which can have a harmful impact on the environment and public and private property;(6) to aid communities located on barrier islands, peninsulas, and mainland areas bordering the Gulf of Mexico which are extremely vulnerable to flooding and property damage due to violent storms by working to reduce flood losses, by minimizing any waste of public funds in the National Flood Insurance Program, and by ensuring that the insurance remains available and affordable;(7) to protect the public's right of access to, use of, and enjoyment of the public beach and associated facilities and services as established by state common law and statutes. The public has vested property rights in Texas' public beaches, and free use of and access to and from the beaches are guaranteed. The Open Beaches Act requires local governments to preserve and enhance use of public beaches and access between the beaches and public roads. If an access point must be closed, then existing law requires it to be replaced with equal or better access consistent with the appropriate local dune protection and beach access plan. Whenever practicable, local governments should enhance public beach use and access;(8) to provide coordinated, consistent, responsive, timely, and predictable governmental decision making and permitting processes;(9) to recognize that the beach/dune system contains resources of statewide value and concern, which local governments are in the best position to manage on a daily basis. This subchapter is designed to provide local governments with the necessary tools for effective coastal management and are regarded as a minimum standard; local governments are encouraged to develop procedures that provide greater protection for the beach/dune system;(10) to educate the public about coastal issues such as dune protection, beach access, erosion, and flood protection, and to provide for public participation in the protection of the beach/dune system and in the development and implementation of the Texas Coastal Management Program; and(11) to minimize public expenditure on damages caused on public and private property, including the public beach, by erosion, storms, and meteorological events. Source Note: The provisions of this §15.1 adopted to be effective February 17, 1993, 18 TexReg 661; amended to be effective May 8, 2023, 48 TexReg 2343. 1 GENERAL LAND OFFICE 15 COASTAL AREA PLANNING A MANAGEMENT OF THE BEACH/DUNE SYSTEM §15.1 Policy https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213583&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 213583 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213583&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 213583 03/11/2026 The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Affect--As used in this subchapter regarding dunes, dune vegetation, and the public beach, "affect" means to produce an effect upon dunes, dune vegetation, or public beach use and access.(2) Amenities--Any non habitable major structure including, but not limited to, swimming pools, decks, bathhouses, detached garages, cabanas, pipelines, piers, canals, lakes, ditches, artificial runoff channels and other water retention structures, sidewalks, roads, streets, highways, parking areas and other paved areas (exceeding 144 square feet in area), underground storage tanks, and similar structures.(3) Applicant--Any person applying to a local government for a permit and/or certificate for any construction or development plan.(4) Backdunes--The dunes located landward of the foredune ridge which are usually well vegetated but may also be unvegetated and migratory. These dunes supply sediment to the beach after the foredunes and the foredune ridge have been destroyed by natural or human activities.(5) Beach access--The right to use and enjoy the public beach, including the right of free and unrestricted ingress and egress to and from the public beach.(6) Beach/Dune Rules--31 TAC §§15.1 - 15.36, 31 TAC Ch. 25, 31 TAC §26.26 and 31 TAC §29.60.(7) Beach/dune system--The land from the line of mean low tide of the Gulf of Mexico to the landward limit of dune formation.(8) Beach maintenance--The cleaning or removal of debris from the beach or redistribution of seaweed on the beachfront by handpicking, raking, or mechanical means.(9) Beach profile--The shape and elevation of the beach as determined by surveying a cross section of the beach.(10) Beach-related services--Reasonable and necessary services and facilities directly related to the public beach which are provided to the public to ensure safe use of and access to and from the public beach, such as vehicular controls, management, and parking (including acquisition and maintenance of off-beach parking and access ways); sanitation and litter control; lifeguarding and lifesaving; beach maintenance; law enforcement; beach nourishment projects; beach/dune system education; beach/dune protection and restoration projects; providing public facilities such as restrooms, showers, lockers, equipment rentals, and picnic areas; recreational and refreshment facilities; liability insurance; and staff and personnel necessary to provide beach-related services. Beach-related services and facilities shall serve only those areas on or immediately adjacent to the public beach.(11) Beach user fee--A fee collected by a local government in order to establish and maintain beach-related services and facilities for the preservation and enhancement of access to and from and safe and healthy use of public beaches by the public.(12) Beachfront construction certificate or certificate--The document issued by a local government that certifies that the proposed construction either is consistent with the local government's dune protection and beach access plan.(13) Blowout--A breach in the dunes caused by wind erosion.(14) Breach--A break or gap in the continuity of a dune caused by wind or water.(15) Bulkhead--A structure or partition built to retain or prevent the sliding of land. A secondary purpose is to protect the upland against damage from wave action.(16) Coastal and shore protection project--A project designed to slow shoreline erosion or enhance shoreline stabilization, including, but not limited to, erosion response structures, beach nourishment, sediment bypassing, construction of man-made vegetated mounds, and dune revegetation.(17) Coastal public land--Has the meaning assigned by Texas Natural Resource Code, §33.004.(18) Commercial facility--Any structure used for providing, distributing, and selling goods or services in commerce including, but not limited to, hotels, restaurants, bars, rental operations, and rental properties.(19) Construction--Causing or carrying out any building, bulkheading, filling, clearing, excavation, or substantial improvement to or alteration of land or the size of any structure, or removal or demolition of a structure. "Building" includes, but is not limited to, all related site work and placement of construction materials on the site. "Filling" includes, but is not limited to, disposal of dredged materials. "Excavation" includes, but is not limited to, removal or alteration of dunes and dune vegetation and scraping, grading, or dredging a site. "Substantial improvements to or alteration of land or the size of any structure" include, but are not limited to, creation of vehicular or pedestrian trails, landscape work and fencing (that may adversely affect public access, dunes or dune vegetation), and increasing the size of any structure.(20) Coppice mounds--The initial stages of dune growth formed as sand accumulates on the downwind side of plants and other obstructions on or immediately adjacent to the beach seaward of the foredunes. Coppice mounds may be unvegetated.(21) Critical dune areas--Those portions of the beach/dune system as designated by the General Land Office that are located within 1,000 feet of mean high tide of the Gulf of Mexico that contain dunes and dune complexes that are essential to the protection of public beaches, submerged land, and state-owned land, such as public roads and coastal public lands, from nuisance, erosion, storm surge, and high wind and waves. Critical dune areas include, but are not limited to, the dunes that store sand in the beach/dune system to replenish eroding public beaches.(22) Cumulative impact--The effect on beach use and access, on a critical dune area, or an area seaward of the dune protection line which results from the incremental effect of an action when added to other past, present, and reasonably foreseeable future actions regardless of what agency or person undertakes such other actions. Cumulative effects can result from individually minor but collectively significant actions taking place over a period of time.(23) Dedication--Includes, but is not limited to, a restrictive covenant, permanent easement, and fee simple donation.(24) Dune--An emergent mound, hill, or ridge of sand, either bare or vegetated, located on land bordering the waters of the Gulf of Mexico. Dunes are naturally formed by the windward transport of sediment, but can also be created via man-made vegetated mounds. Natural dunes are usually found adjacent to the uppermost limit of wave action and are usually marked by an abrupt change in slope landward of the dry beach. The term includes coppice mounds, foredunes, dunes comprising the foredune ridge, backdunes, and man-made vegetated mounds.(25) Dune complex or dune area--Any emergent area adjacent to the waters of the Gulf of Mexico in which several types of dunes are found or in which dunes have been established by proper management of the area. In some portions of the Texas coast, dune complexes contain depressions known as swales.(26) Dune Protection Act--Texas Natural Resources Code, §§63.001, et seq.(27) Dune protection and beach access plan or plan--A local government's legally enforceable program, policies, and procedures for protecting dunes and dune vegetation and for preserving and enhancing use of and access to and from public beaches, and for reducing public expenditures for erosion and storm damage losses, as required by Texas Natural Resources Code Chapters 61 and 63 and Texas Natural Resources Code §33.607.(28) Dune protection line--A line established by a county commissioners court or the governing body of a municipality for the purpose of preserving, at a minimum, all critical dune areas identified by the General Land Office pursuant to the Dune Protection Act, §63.011, and §15.3(f) of this title (relating to Administration). A municipality is not authorized to establish a dune protection line unless the authority to do so has been delegated to the municipality by the county in which the municipality is located. Such lines will be located no farther than 1,000 feet landward of the mean high tide of the Gulf of Mexico.(29) Dune protection permit or permit--The document issued by a local government to authorize construction or other regulated activities in a specified location seaward of a dune protection line or within a critical dune area, as provided in the Texas Natural Resources Code, §63.051.(30) Dune vegetation--Flora indigenous to natural dune complexes, and growing on naturally-formed dunes or man-made vegetated mounds on the Texas coast and can include coastal grasses and herbaceous and woody plants.(31) Effect or effects--"Effects" include: direct effects--those impacts on public beach use and access, on critical dune areas, or on dunes and dune vegetation seaward of a dune protection line which are caused by an action and occur at the same time and place; and indirect effects--those impacts on beach use and access, on critical dune areas, or on dunes and dune vegetation seaward of a dune protection line which are caused by an action and are later in time or farther removed in distance than a direct effect, but are still reasonably foreseeable. Indirect effects may include growth inducing effects and other effects related to induced changes in the pattern of land use, population density, or growth rate, and related effects on air and water and other natural systems, including ecosystems. "Effects" and "impacts" as used in this subchapter are synonymous. "Effects" may be ecological (such as the effects on natural resources and on the components, structures, and functioning of affected ecosystems), aesthetic, historic, cultural, economic, social, or health, whether direct, indirect, or cumulative.(32) Eroding area--A portion of the shoreline which is experiencing an historical erosion rate of greater than two feet per year based on published data of the University of Texas at Austin, Bureau of Economic Geology. Local governments may establish an "eroding area boundary" in beach/dune plans; this boundary shall be whichever distance landward of the line of vegetation is greater: 200 feet, or the distance determined by multiplying 50 years by the annual historical erosion rate (based on the most recent data published by the University of Texas at Austin, Bureau of Economic Geology).(33) Erosion--The wearing away of land or the removal of beach and/or dune sediments by wave action, tidal currents, wave currents, drainage, or wind. Erosion includes, but is not limited to, horizontal recession and scour and can be induced or aggravated by human activities.(34) Erosion response structure--A hard or rigid structure built for shoreline stabilization which includes, but is not limited to, a jetty, groin, breakwater, bulkhead, seawall, riprap, rubble mound, revetment, or the foundation of a structure which is the functional equivalent of these specified structures.(35) FEMA--The United States Federal Emergency Management Agency. This agency administers the National Flood Insurance Program and publishes the official flood insurance rate maps.(36) Fibercrete--Unreinforced concrete, consisting of a combination of pulped paper, or other cellulose-based raw material, and binders such as lime, cement, and/or clay.(37) Foredune ridge--The high continuous line of dunes which are usually well vegetated and rise sharply landward of the foredune area but may also rise directly from a flat, wave-cut beach immediately after a storm.(38) Foredunes--The first clearly distinguishable, usually vegetated, stabilized large dunes encountered landward of the Gulf of Mexico. On some portions of the Texas Gulf Coast, foredunes may also be large, unvegetated, and unstabilized. Although they may be large and continuous, foredunes are typically hummocky and discontinuous and may be interrupted by breaches and washover areas. Foredunes offer the first significant means of dissipating storm-generated wave and current energy issuing from the Gulf of Mexico. Because various heights and configurations of dunes may perform this function, no standardized physical description applies. Foredunes are distinguishable from surrounding dune types by their relative location and physical appearance.(39) Habitable structure footprint--The area of a lot covered by a structure used or usable for habitation. The habitable structure footprint does not include uncovered stairs and decks, incidental projecting eaves, balconies, ground-level paving, landscaping, open recreational facilities (for example, pools and tennis courts), or other similar features.(40) Habitable structures--Structures suitable for human habitation including, but not limited to, single or multi-family residences, hotels, condominium buildings, and commercial facilities. Each building of a condominium regime is considered a separate habitable structure, but if a building is divided into apartments, then the entire building, not the individual apartments, is considered a single habitable structure. Additionally, a habitable structure includes porches or gazebos, and other attached improvements.(41) Industrial facilities--Include, but are not limited to, those establishments listed in Part 1, Division D, Major Groups 20 - 39 and Part 1, Division E, Major Group 49 of the Standard Industrial Classification Manual as adopted by the Executive Office of the President, Office of Management and Budget (1987 ed.). However, for the purposes of this subchapter, the establishments listed in Part 1, Division D, Major Group 20, Industry Group Number 209, Industry Numbers 2091 and 2092 are not considered "industrial facilities." These establishments are listed in "Appendix I" attached to this section.(42) Large-scale construction--Construction activity greater than 5,000 square feet or habitable structures greater than two stories in height. Both the area beneath the lowest habitable level of an elevated structure and a cupola (i.e. "widow's walk") with an area of 400 square feet or less on the top of the second habitable story are not considered stories for the purpose of this section. Multiple-family habitable structures are typical of this type of construction.(43) Line of vegetation--The extreme seaward boundary of natural vegetation which spreads continuously inland. The line of vegetation is typically used to determine the landward extent of the public beach.(44) Local government--A municipality, county, any special purpose district, any unit of government, or any other political subdivision of the state.(45) Man-made vegetated mound--A mound, hill, or ridge of sand created by the deliberate placement of sand or sand trapping devices including sand fences, trees, or brush and planted with dune vegetation.(46) Master plan--A plan developed by the applicant in consultation with the General Land Office, the applicant or applicants, and the local government, for the development of an area subject to the beach/dune rules, as identified in §15.3 of this title (relating to Administration). The master plan shall fully describe in narrative form the proposed development and all proposed land and water uses, and shall include maps, drawings, and tables, and other information, as needed. The master plan must, at a minimum, fully describe the general geology and geography of the site, land and water use intensities, size and location of all buildings, structures, and improvements, all vehicular and pedestrian access ways, and parking or storage facilities, location and design of utility systems, location and design of any erosion response structures, retaining walls, or stormwater treatment management systems, and the schedule for all construction activities described in the master plan. The master plan shall comply with the Open Beaches Act and the Dune Protection Act. The master plan shall provide for overall compliance with the beach/dune rules, but may vary from the specific standards, means and methods provided in the beach/dune rules if the degree of dune protection and the public's right to safe and healthy use of and access to and from the public beach are preserved. If all impacts to dunes, dune vegetation and public beach use and access are accurately identified, local governments shall not require permits or certificates for construction on the individual lots within the master plan area. Master plans are intended to provide a comprehensive option for planning along the Texas coast.(47) Material changes--Changes in project design, construction materials, or construction methods or in the condition of the construction site which occur after an application is submitted to a local government or after the local government issues a permit or certificate. Material changes are those additional or unanticipated changes which may have caused or may cause adverse effects on dunes, dune vegetation, or beach access and use, or exacerbation of erosion on or adjacent to the construction site.(48) Meteorological Event--Atmospheric conditions or phenomena resulting in avulsion, erosion, accretion, or other impacts to the shoreline that alter the location of the line of vegetation.(49) Mitigation sequence--The series of steps which must be taken if dunes and dune vegetation will be adversely affected. First, such adverse effects shall be avoided. Second, adverse effects shall be minimized. Third, the dunes and dune vegetation adversely affected shall be repaired, restored, or replaced. Fourth, the dunes and dune vegetation adversely affected shall be replaced or substituted to compensate for the adverse effects.(50) National Flood Insurance Act--42 United States Code, §§4001, et seq.(51) Natural resources--Land, fish, wildlife, insects, biota, air, surface water, groundwater, plants, trees, habitat of flora and fauna, and other such resources.(52) Off-highway vehicle--Has the meaning assigned by §551A.001, Transportation Code.(53) Open Beaches Act--Texas Natural Resources Code, §§61.001, et seq.(54) Owner or operator--Any person owning, operating, or responsible for operating commercial or industrial facilities.(55) Permit or certificate condition--A requirement or restriction in a permit or certificate necessary to assure protection of life, natural resources, property, and adequate beach use and access rights which a permittee must satisfy in order to be in compliance with the permit or certificate.(56) Permittee--Any person authorized to act under a permit or a certificate issued by a local government.(57) Person--An individual, firm, corporation, association, partnership, consortium, joint venture, commercial entity, United States Government, state, municipality, commission, political subdivision, or any international or interstate body or any other governmental entity.(58) Pipeline--A tube or system of tubes used for the transportation of oil, gas, chemicals, fuels, water, sewerage, or other liquid, semi-liquid, or gaseous substances.(59) Practicable--In determining what is practicable, local governments shall consider the effectiveness, scientific feasibility, and commercial availability of the technology or technique. Local governments shall also consider the cost of the technology or technique.(60) Production and gathering facilities--The equipment used to recover and move oil or gas from a well to a main pipeline, or other point of delivery such as a tank battery, and to place such oil or gas into marketable condition. Included are pipelines used as gathering lines, pumps, tanks, separators, compressors, and associated equipment and roads.(61) Project area--The portion of a site or sites which will be affected by proposed construction.(62) Public beach--As used in this subchapter, "public beach" is defined in the Texas Natural Resources Code, §61.013(c).(63) Recreational activity--Includes, but is not limited to, hiking, sunbathing, and camping. As used in §15.3(s)(2)(C) of this title (relating to Administration), recreational activities are limited to the private activities of the person owning the land and the social guests of the owner. Operation of recreational vehicles is not considered a recreational activity, whether private or public.(64) Recreational vehicle--A dune buggy, marsh buggy, minibike, trail bike, jeep, off-highway vehicle as defined by §551A.001, Transportation Code, or any other mechanized vehicle used for recreational purposes, but does not include a vehicle that is not being used for recreational purposes.(65) Restoration--Repair or replacement of dunes or dune vegetation, or restoring a site to compliance with applicable requirements, including removal or abatement of unauthorized construction or structures, as those terms defined in this section.(66) Retaining wall--A structure designed to contain or which primarily contains material or prevents the sliding of land. Retaining walls may collapse under the forces of normal wave activity.(67) Sand budget--The amount of all sources of sediment, sediment traps, and transport of sediment within a defined area. From the sand budget, it is possible to determine whether sediment gains and losses are in balance.(68) Seawall--An erosion response structure specifically designed to or which will withstand wave forces.(69) Seaward of a dune protection line--The area between a dune protection line and the line of mean high tide.(70) Small-scale construction--Construction activity less than or equal to 5,000 square feet or habitable structures less than or equal to two stories in height. Both the area beneath the lowest habitable level of an elevated structure and a cupola (i.e. "widow's walk") with an area of 400 square feet or less on the top of the second habitable story are not considered stories for the purpose of this section. Single-family habitable structures are typical of this type of construction.(71) Structure--Includes, without limitation, any building or combination of related components constructed in an ordered scheme that constitutes a work or improvement constructed on or affixed to land.(72) Swales--Low areas within a dune complex located in some portions of the Texas coast which function as natural rainwater collection areas and are an integral part of the dune complex.(73) Unique flora and fauna--Endangered or threatened plant or animal species listed pursuant to 16 United States Code Annotated, §1531 et seq., the Endangered Species Act of 1973, and/or the Parks and Wildlife Code, Chapter 68, or any plant or animal species that a local government has determined in their local beach/dune plan are rare or uncommon.(74) Washover areas--Low areas that are adjacent to beaches and are inundated by waves and storm tides from the Gulf of Mexico. Washovers may be found in abandoned tidal channels or where foredunes are poorly developed or breached by storm tides and wind erosion. Source Note: The provisions of this §15.2 adopted to be effective February 17, 1993, 18 TexReg 661; amended to be effective April 16, 1996, 21 TexReg 3004; amended to be effective October 10, 2005, 30 TexReg 6447; amended to be effective January 31, 2010, 35 TexReg 489; amended to be effective June 12, 2014, 39 TexReg 4482; amended to be effective May 8, 2023, 48 TexReg 2343. 1 GENERAL LAND OFFICE 15 COASTAL AREA PLANNING A MANAGEMENT OF THE BEACH/DUNE SYSTEM §15.2 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213585&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 213585 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213585&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 213585 03/11/2026 (a) Integration of dune protection and beach access programs. The Dune Protection Act and the Open Beaches Act require certain local governments to adopt and implement programs for the preservation of dunes and the preservation and enhancement of use of and access to and from public beaches. These Acts provide for regulation of generally the same activities and the same geographic areas, and their requirements are scientifically and legally related. Local governments required to adopt dune protection and beach access programs shall integrate them into a single plan consisting of procedural and substantive requirements for management of the beach/dune system within their jurisdiction. The authority to integrate such plans is provided pursuant to the Dune Protection Act, the Open Beaches Act, and this subchapter. The local government plans shall be consistent with the requirements of the Open Beaches Act, the Dune Protection Act, and this subchapter, and each shall, whenever possible, incorporate the local government's ordinary land use planning procedures.(b) Boundary of the public beach. The public beach is defined in the Open Beaches Act, §61.013(c), and §15.2 of this title (relating to Definitions). The line of vegetation is defined in the Open Beaches Act, §61.001(5), and §15.2 of this title. The line of vegetation is typically used to determine the landward extent of the public beach. However, there are portions of the Texas coast where there is no marked vegetation line or the line is discontinuous or modified. In those portions of the coast, the line of vegetation shall be determined consistent with §15.10(b) of this title (relating to General Provisions) and the Open Beaches Act, §61.016 and §61.017.(1) If there is no clearly marked line of vegetation, the "line of vegetation" delineating the public beach shall be the line of constant elevation connecting two clearly marked lines of vegetation of equal elevation on each side, but if there are no clearly marked lines of vegetation on each side, the "line of vegetation" shall not extend inland further than 200 feet from the seaward line of mean low tide.(2) If there is no clearly marked line of vegetation, the "line of vegetation" delineating the public beach shall be the line of average elevation connecting two clearly marked lines of vegetation of unequal elevation on each side, but if there are no clearly marked lines of vegetation on each side, the "line of vegetation" shall not extend inland further than 200 feet from the seaward line of mean low tide.(3) If the vegetation line has been obliterated or is created artificially and there is a vegetation line consistently following a line more than 200 feet from the seaward line of mean low tide, the 200-foot line shall constitute the landward boundary of the area subject to the public easement.(4) If the commissioner has issued an order under §15.12 of this title (relating to Temporary Orders Issued by the Land Commissioner) or §15.13 of this title (relating to Disaster Recovery Orders) the line of vegetation shall be delineated in accordance with the order(s).(5) When a Beachfront Construction Certificate/Dune Protection Permit application is submitted to the General Land Office for review and comment, the line of vegetation depicted on any map, aerial photograph, or other documentation shall be subject to verification by the General Land Office.(6) The determination of the location of the line of vegetation by the commissioner of the General Land Office as provided by the Open Beaches Act, §§61.016 - 61.017 and 61.0171, constitutes prima facie evidence of the landward boundary of the area subject to the public easement until a court adjudication establishes the line in another place.(c) Beachfront construction certification areas. The General Land Office has the responsibility of protecting the public's right to use and have access to and from the public beach and of providing standards to the local governments certifying construction on land adjacent to the Gulf of Mexico consistent with such public rights. The Open Beaches Act, §61.011(d)(6), limits the geographic scope of the beachfront construction certification area to the land adjacent to and landward of public beaches and lying in the area either up to the first public road generally parallel to the public beach or to any closer public road not parallel to the beach, or the area up to 1,000 feet of mean high tide, whichever distance is greater. For this area, local governments shall prepare a beach access and use program, pursuant to the Open Beaches Act, §61.015, for inclusion in their dune protection and beach access plans to control any adverse effects of beachfront construction on public beach use and access. Applications for beachfront construction certificates shall be reviewed by local governments for consistency with their dune protection and beach access plans.(d) Critical dune areas and dune protection lines. The commissioner of the General Land Office, as trustee of the public lands of Texas, has the responsibility to identify and protect Texas' critical dune areas that are essential to the protection of coastal public land, public roads, public beaches, and other public resources. Local governments have the responsibility to establish dune protection lines for the purpose of preserving sand dunes within their jurisdiction. The Dune Protection Act, §63.121 and §63.012, respectively, limits the geographic scope of critical dune areas and the location of the dune protection line to that portion of the beach within 1,000 feet of mean high tide of the Gulf of Mexico.(e) Identification of critical dune areas. Pursuant to the authority provided in the Dune Protection Act, §63.121, the General Land Office has identified critical dune areas as all dunes and dune complexes located within 1,000 feet of mean high tide of the Gulf of Mexico. This identification is based on the determination that all of the various protective functions served by the dunes and dune complexes located within that 1,000 feet are essential to the protection of public beaches, submerged land, and state-owned land, such as public roads and coastal public lands, from nuisance, erosion, storm surge, and high wind and waves. Critical dune areas are related to dune protection lines in that local governments are required to establish such lines for the purpose of preserving dunes in a location landward of all critical dune areas. Criteria for establishing dune protection lines shall, at a minimum, include the criteria for establishing critical dune areas in this subsection.(f) Establishment of dune protection lines. Pursuant to the authority provided in the Dune Protection Act, §63.011, local governments shall establish and maintain dune protection lines which preserve, at a minimum, the dunes within the critical dune areas as defined in this subchapter. The establishment of the line should include the protection of critical dune areas from erosion caused by natural forces and development on adjacent land. Accordingly, the Dune Protection Line should be established in a location that will allow local governments to implement Texas Natural Resources Code, §33.607. A local government must conduct a field inspection to determine the approximate location of the line unless it proposes to establish or relocate its line at a distance of 1,000 feet of mean high tide of the Gulf of Mexico, as that 1,000 feet is the maximum extent of the local government's jurisdiction for establishing dune protection lines.(g) Deadline for establishment of dune protection lines. Local governments shall establish dune protection lines as part of the dune protection component of their local plans. The local plans shall be submitted to the state no later than 180 days after the effective date of this subchapter. Therefore, local governments shall establish dune protection lines no later than 180 days after this subchapter goes into effect.(h) Information required regarding dune protection lines. Local governments are required to submit the following information to the General Land Office to allow state evaluation of the adequacy of the dune protection line location: a map or drawing of the line; a written description of the line; or a written description and a map or drawing. This information shall be included in the local government's dune protection and beach access plan and must clearly designate for the public and the state the location of the line and the location of dunes seaward of the line. All maps, drawings, or descriptions shall incorporate sufficient elements of the Texas State Plane Coordinate System to enable such description to be located on the ground and shall be tied to and/or include the Texas State Plane Coordinates for two or more monumented points along any described boundary. Each local government shall file a map or drawing or description of its dune protection line with the clerk of the county or municipality establishing the line.(i) State assistance in the establishment of local government dune protection lines. The General Land Office may assist and advise local governments in establishing or modifying a dune protection line. Pursuant to the Dune Protection Act, §63.013, local governments shall notify the General Land Office of the establishment of dune protection lines and any subsequent change in a line. Upon such notification, the General Land Office shall review the location of the line by examining the map or description of the line submitted to the state and by conducting field inspections, as necessary. The General Land Office will review the location of the line to determine whether the line meets the geographic standard of being located landward of all critical dune areas. If the General Land Office is satisfied that the line meets that geographic standard, the General Land Office will notify the local government of this finding in writing. If the line does not meet that geographic standard, the General Land Office will assist and advise the local government in adjusting the line.(j) State review of dune protection line location. Each local government shall submit the information regarding the location of the dune protection line, as required in subsection (h) of this section, to the General Land Office as part of its dune protection and beach access plan. In determining whether to approve the local plan, the General Land Office will review the various components of the plan, including the adequacy of the location of a local government's dune protection line (with respect to the protection of critical dune areas), based on the geographic standards provided in subsection (i) of this section.(k) Local government review of dune protection line location. Each local government shall review its dune protection line every five years to determine whether the line is adequately located to achieve the purpose of preserving critical dune areas. In addition to the five-year review, each local government shall review the adequacy of the location of the line within 90 days after a tropical storm or hurricane affects the portion of the coast in its jurisdiction.(l) Provisions for public hearings on dune protection lines. Local governments shall provide notice of a public hearing to consider establishing or modifying a dune protection line by publishing such notice at least three times in the newspaper with the largest circulation in the county. The notice shall be published not less than one week nor more than three weeks before the date of the hearing. Notice shall be given to the General Land Office not less than one week nor more than three weeks before the hearing. In the notice to the General Land Office, local governments shall also include the information described in subsection (h) of this section.(m) Local government authority. Local governments shall include in the plans submitted to the General Land Office citations of all statutes, policies, and ordinances which demonstrate the authority of the local government to implement and enforce the plan in a manner consistent with the requirements of this subchapter. Local government plans shall also demonstrate the coordination, on the local level, of the dune protection, beach access, erosion response, and flood protection programs (if participating in the National Flood Insurance Program under the National Flood Insurance Act). Each local government shall integrate these programs into one plan for the management of the beach/dune system within its jurisdiction.(n) Content of local government dune protection and beach access plans. Local government plans shall contain procedural mechanisms and substantive requirements necessary for compliance with this subchapter, the Dune Protection Act, the Open Beaches Act and Texas Natural Resources Code §33.607. Local governments shall attach copies of this subchapter, the Dune Protection Act, and the Open Beaches Act to their plans, and their plans shall state that these state laws are incorporated into the plans. A local government shall also state in its plan that any person in violation of the incorporated state laws is in violation of its local plan.(o) Consultation on and submission of local government plans to the General Land Office. Local governments shall submit dune protection plans, beach access plans, erosion response plans under Texas Natural Resources Code Chapter 33, and 31 TAC §15.17, and any amendments to those plans to the General Land Office for review, comment, and certification as to compliance with this subchapter, the Dune Protection Act, and the Open Beaches Act.(1) A local government's governing body must formally approve the plan or amendments to the plan prior to submission to the General Land Office for certification. Prior to formally approving its plan, a local government may consult with or request legal and technical advice from the General Land Office on meeting the requirements for state agency approval. The General Land Office will provide written guidance on the form and content of the plan or amendment prior to formal approval upon request by a local government.(2) Review of plan and amendments. The General Land Office shall either grant or deny certification of a local government's formally approved dune protection and beach access plan or any amendments within 90 days of receipt of the plan.(A) Depending upon the degree or complexity of modifications contained in the plan amendment, the local government may request a review period shorter than 90 days based on the following guidelines:(i) An expedited review period of 30 days may be requested for review of a plan amendment that is administrative in nature and does not contain variances nor substantially alter beach access or dune protection.(ii) A standard review period of 60 days may be requested for review of a plan amendment that does not contain any changes to beach user fees, beach access points, changes to vehicular access, nor substantially alter beach access or dune protection.(iii) The local government shall provide a reasoned justification with any request for a review period of less than 90 days. It must include a detailed description of the proposed changes that will result from the amendment.(iv) The General Land Office will make a determination on the eligibility of an amendment for a shortened review period and notify the local government of the determination within 10 working days (to run concurrently with the applicable review period) from the date the request and complete package of information regarding the proposed amendment is received. Review of plan amendments that do not qualify for a shortened review period will be completed by the General Land Office within the allowed 90 day period.(B) In the event of denial, the General Land Office shall send the plan back to the local government with a statement of specific objections and the reasons for denial of certification, along with suggested modifications. On receipt, the local government shall revise and resubmit the plan for review.(3) The General Land Office's certification of local government plans shall be by adoption into the rules authorized under the Texas Natural Resources Code, §61.011. The rules adopted by the General Land Office to certify plans will consist of state approval of the plans, but the text of plans will not be adopted by the General Land Office.(4) A local government may adopt a new or amend their dune protection and beach access plan by submitting the plans or proposed changes to the General Land Office for review, comment, and certification. A request for approval of a plan or any amendments to a plan must include the governing body's formal approval, a description of all major proposed changes, and a version of the plan identifying all proposed changes.(5) A local government may request General Land Office certification of a plan or a plan amendment that includes a variance regarding any requirement or prohibition of this chapter; however, the local government must include in writing a reasoned justification and clearly demonstrate to the General Land Office and public how the variance is equal to or more protective of the goals and policies contained in §15.1 of this title (relating to Policy).(p) Submission deadline for dune protection and beach access plans. Local governments shall submit dune protection and beach access plans to the General Land Office no later than 180 days from the effective date of this subchapter. If the General Land Office does not approve a plan, the local government shall submit revisions of the plan until the plan is approved. However, any local government that submits a revised plan that has not been modified to address the state comments regarding the statutory requirements and the minimum standards identified in this subchapter is presumed to be in violation of this subchapter, the Open Beaches Act, and the Dune Protection Act. Local governments that fail to submit plans within 180 days of the effective date of this subchapter will be liable for penalties as provided in §15.9 of this title (relating to Enforcement, Penalties and Remedial Orders). Further, local governments that fail to submit plans by that deadline will not be authorized to permit construction within the geographic scope of this subchapter.(q) Compliance with the Open Beaches Act and exemptions from local government plan requirements.(1) Local government dune protection and beach access plans shall not include the following areas, which are exempt from regulation by local governments:(A) national park areas, national wildlife refuges, or other designated national natural areas;(B) state park areas, state wildlife refuges, or other designated state natural areas; and(C) beaches on islands and peninsulas not accessible by public road or ferry facility for as long as that condition exists.(2) The Open Beaches Act applies to state and national park and wildlife management areas located on islands or peninsulas, regardless of whether the park is accessible by public road or ferry, as provided for in Texas Natural Resources Code, §61.0211.(r) State-owned or public land not exempt from local government plans. Local government plans shall apply to all state-owned or public land other than parks and refuges, as provided for in Texas Natural Resources Code, §61.022 and §63.015, subject to the provisions of the Texas Natural Resources Code, §§31.161 and 31.167.(s) Acts prohibited without a dune protection permit or beachfront construction certificate. An activity requiring a dune protection permit may typically also require a beachfront construction certificate and vice versa. Local governments shall, whenever possible, issue permits and certificates concurrently when an activity requires both. In their dune protection and beach access plans, local governments may combine the dune protection permit and the beachfront construction certificate into a single permit or a two-part permit; however, they are not required to do so.(1) Acts prohibited without a dune protection permit. Unless a dune protection permit is properly issued by a local government authorizing the conduct, no person shall:(A) damage, destroy, or remove a sand dune or a portion of a sand dune seaward of a dune protection line or within a critical dune area; or(B) kill, destroy, or remove in any manner any vegetation growing on a sand dune seaward of a dune protection line or within a critical dune area.(2) Activities exempt from dune protection permit requirements. Pursuant to the Dune Protection Act, §63.052, the following activities are exempt from the requirement for a dune protection permit, but are subject to the requirements of the Open Beaches Act and the rules promulgated under the Open Beaches Act. Where local governments have separate authority to regulate the following activities, persons shall comply with the local laws as well. The activities exempt from the dune protection permit requirements are:(A) exploration for and production of oil and gas and reasonable and necessary activities directly related to such exploration and production, including construction and maintenance of production and gathering facilities located in a critical dune area which serve wells located outside of a critical dune area, provided that such facilities are located no farther than two miles from the well being served;(B) grazing livestock and reasonable and necessary activities directly related to grazing; and(C) recreational activities as defined in §15.2 of this title other than operation of a recreational vehicle.(3) Acts prohibited without a beachfront construction certificate. No person shall cause, engage in, or allow construction on land adjacent to and landward of public beaches and lying in the area either up to the first public road generally parallel to the public beach or to any closer public road not parallel to the beach, or to within 1,000 feet of mean high tide, whichever is greater, that affects or may affect public use of and access to and from public beaches unless the construction is properly certified by the appropriate local government as consistent with its local plan, this subchapter, and the Open Beaches Act.(4) No person shall violate Texas Natural Resources Code Chapter 61 and 63, these rules, the requirements of a local government plan, or the terms of a certificate or permit issued pursuant to this chapter.(5) Dune protection permit and beachfront construction certificate application requirements. Local governments shall require that all permit and certificate applicants fully disclose in the application all items and information necessary for the local government to make a determination regarding a permit or certificate. Local governments may require more information, but they shall require that applicants for dune protection permits and beachfront construction certificates provide, at a minimum, the following items and information.(A) Dune protection permit application requirements for large- and small-scale construction. For all proposed construction, local governments shall require applicants to submit the following items and information:(i) the name, address, phone number, and, if applicable, electronic mail address of the applicant, and the name of the property owner, if different from the applicant;(ii) a complete legal description of the tract and a statement of its size in acres or square feet;(iii) a description of the proposed structures, the number of structures, and whether the structures are amenities or habitable structures;(iv) the number of parking spaces;(v) the approximate percentage of existing and finished open spaces (those areas completely free of structures);(vi) the floor plan and elevation view of the structure proposed to be constructed or expanded;(vii) the approximate duration of the construction;(viii) a description (including location) of any existing dune walkovers and walkways, and design plans and elevation views for any proposed walkways or dune walkovers on the tract;(ix) a grading and layout plan identifying all existing and proposed elevations (in reference to the National Oceanic and Atmospheric Administration data), existing contours of the project area (including the location of dunes and swales), and proposed contours for final grade;(x) current color photographs of the site which clearly show the current location of the vegetation line and the existing dunes on and immediately adjacent to the tract;(xi) a description of the effects of the proposed activity on the beach/dune system which cannot be avoided should the proposed activity be permitted, including, but not limited to, damage to dune vegetation, alteration of dune size and shape, and changes to dune hydrology;(xii) a comprehensive mitigation plan which conforms with the requirements in §15.4 of this title (relating to Dune Protection Standards) and §15.7 of this title (relating to Local Government Management of the Public Beach) which, at a minimum, includes a detailed description of the methods which will be used to avoid, minimize, mitigate, and/or compensate for any adverse effects on dunes or dune vegetation;(xiii) where a mitigation plan is required, the contact information for all landowners immediately adjacent to the tract and affirmation by the applicant that the adjacent landowners will be provided with notice of the hearing at least 10 days prior to the hearing on the application;(xiv) proof of the applicant's financial capability acceptable to the local government to mitigate or compensate for adverse effects on dunes and dune vegetation;(xv) an accurate map, site plan, survey, or plat of the site identifying:(I) the site by its legal description, including, where applicable, the subdivision, block, and lot;(II) the location of the property lines and a notation of the legal description of adjoining tracts;(III) the location of the dune protection line, the line of vegetation, proposed and existing structures, and the project area of the proposed construction on the tract;(IV) proposed roadways and driveways and proposed landscaping activities on the tract;(V) the location of any retaining walls, seawalls or any other erosion response structures on the tract and on the properties immediately adjacent to the tract and within 100 feet of the common property line; and(VI) if known, the location and extent of any man-made vegetated mounds, restored dunes, fill activities, or any other pre-existing human modifications on the tract.(B) Certificate application requirements for large- and small-scale construction. For all proposed construction, local governments shall require applicants to submit the following items and information:(i) the name, address, phone number, and, if applicable, electronic mail address of the applicant, and the name of the property owner, if different from the applicant;(ii) a complete legal description of the tract and a statement of its size in acres or square feet;(iii) a description of the proposed structures, the number of structures, and whether the structures are amenities or habitable structures;(iv) a statement written by the applicant affirming that the construction, the completed structure, and use of or access to and from the structure will not adversely affect the public beach or public beach access ways or exacerbate erosion;(v) the approximate duration of the construction;(vi) a description (including location) of any existing dune walkovers and walkways, and design plans and elevation views for any proposed walkways or dune walkovers on the tract;(vii) current color photographs of the site which clearly show the current location of the vegetation line and any dunes on the tract which are seaward of the dune protection line;(viii) an accurate map, site plan, survey, or plat of the site identifying:(I) the site by its legal description, including, where applicable, the subdivision, block, and lot;(II) the location of the property lines and a notation of the legal description of adjoining tracts;(III) the location of the proposed construction and the distance between the proposed construction and mean high tide, the line of vegetation, the dune protection line, and the landward limit of the beachfront construction area;(IV) the location of proposed and existing structures, and the size (in acres or square feet) of the proposed project area;(V) proposed roadways and driveways;(VI) proposed landscaping activities within 200 feet of the line of vegetation, including the installation of fencing; and(VII) the location of any retaining walls, seawalls, or erosion response structures on the tract and on the properties immediately adjacent to the tract and within 100 feet of the common property line.(C) Permit and certificate applications for large-scale construction. For all proposed large-scale construction, local governments shall require applicants to submit the following additional items and information:(i) if the tract is located in a subdivision and the applicant is the owner or developer of the subdivision, a certified copy of the recorded plat of the subdivision, or, if not a recorded subdivision, a plat of the subdivision certified by a licensed surveyor, (if the area is located within an unplatted tract, a survey will suffice) and a statement of the total area of the subdivision in acres or square feet;(ii) in the case of multiple-unit dwellings, the number of units proposed;(iii) alternatives to the proposed location of construction on the tract or to the proposed methods of construction which would cause fewer or no adverse effects on dunes and dune vegetation or less impairment of beach access; and(iv) the proposed activity's impact on the natural drainage pattern of the site and the adjacent lots.(D) Submission of readily available information with permit and certificate applications. For all proposed construction (large- and small-scale), if applicants already have the following items and information, local governments shall require them to be submitted in addition to the other information required:(i) the most recent local historical erosion rate data (as determined by the University of Texas at Austin, Bureau of Economic Geology) and the activity's potential impact on coastal erosion; and(ii) a copy of the FEMA "Elevation Certificate."(E) Submission of information by local governments. For all proposed construction (large- and small-scale), local governments shall provide to the General Land Office the following information:(i) a copy of the community's most recent flood insurance rate map identifying the site of the proposed construction;(ii) a preliminary determination as to whether the proposed construction complies with all aspects of the local government's dune protection and beach access plan;(iii) the activity's potential impact on the community's natural flood protection and protection from storm surge;(iv) a description as to how the proposed beachfront construction complies with and promotes the local government's beach access policies and requirements, particularly, the dune protection and beach access plan's provisions relating to public beach ingress/egress, off-beach parking, and avoidance of reduction in the size of the public beach due to erosion; and(v) copies of aerial photographs of the proposed construction site with a delineation of the footprint of the proposed construction.(F) Dissemination of erosion data and other technical information. For all proposed construction (large- and small-scale), the General Land Office shall be the state contact for erosion rate data questions and supply available technical information to a local government, upon request.(6) Master plan. Local governments may adopt separate ordinances or county commissioners court orders authorizing master plans located within the geographic scope of this subchapter. These ordinances and orders shall be consistent with and address the dune protection and beach access requirements of this subchapter, the Dune Protection Act and Open Beaches Act. The ordinances and orders shall be submitted to the General Land Office for review and approval to ensure consistency with this subchapter. When considering approval of a master planned development or construction plans and setting conditions for operations under such plans, local governments shall consider:(A) the plan's potential effects on dunes, dune vegetation, public beach use and access, and the applicant's proposal to mitigate for such effects throughout the construction;(B) the contents of the master planned development; and(C) whether any component of the master plan, such as installation of roads or utilities, or construction of structures in critical dune areas or seaward of a dune protection line, will subsequently require a dune protection permit or a beachfront construction certificate. If a dune protection permit or beachfront construction certificate will be necessary, the local government shall require the developer to apply for the permit and/or certificate as part of the master plan approval process. This requirement only applies if the local government is authorizing activities impacting critical dune areas and public beach use and access under its dune protection and beach access plan.(7) General Land Office comments.(A) A person proposing to conduct an activity for which a permit or certificate is required shall submit a complete application to the appropriate local government. The local government shall forward the complete application, any associated material, and, where applicable, notice of public hearing to the General Land Office. The application, hearing notice, any documents associated with the application, and information as to when the decision will be made must be received by the General Land Office no later than 10 working days for small-scale construction and 30 working days for large-scale construction before the date of the local government's public hearing on the application or when the local government is first scheduled to act on the permit or certificate. A local government may act on such applications following the public hearing or a decision by the commissioner's court or municipal governing body if the General Land Office received the application within the proper time frame and the General Land Office provides comments or does not submit comments on the application to the local government.(B) The General Land Office may submit comments on the proposed activity to the local government. The review period for comments of 10 working days for small-scale construction and 30 working days for large-scale construction is initiated only after the receipt by the General Land Office of all information required by this section.(8) Local government review. When determining whether to approve a proposed activity, a local government shall review and consider:(A) the permit or certificate application;(B) the proposed activity's consistency with this subchapter and the local government's dune protection and beach access plan, including the dune protection and beachfront construction standards contained in both;(C) any other law relevant to dune protection and public beach use and access which affects the activity under review;(D) the comments of the General Land Office; and(E) any other information the local government may consider useful to determine consistency with the local government's dune protection and beach access plan, including resource information made available to them by federal and state natural resource entities and landowners immediately adjacent to the tract. A local government shall not issue a dune protection permit or beachfront construction certificate that is inconsistent with its plan, this subchapter, and other state, local, and federal laws related to the requirements of the Dune Protection Act and Open Beaches Act.(t) Term, amendment, and renewal of permits and certificates.(1) A local government's dune protection permits or beachfront construction certificates shall be valid for no more than three years from the date of original issuance, unless additional time has been provided by a renewal.(2) Prior to the expiration of a certificate or permit, a local government may renew a dune protection permit or beachfront construction certificate allowing proposed construction to continue if there are no material changes to the site or proposed activities and the activity in the application for renewal meets the applicable state and local standards.(A) As part of a renewal request, the permittee shall supplement the information provided in the original permit or certificate application materials with a statement describing the absence of or any changes to the site, project plans, or any other original information provided by the permittee.(B) For the purpose of maintaining administrative records, local governments shall keep all original application and renewal materials submitted by any applicant as provided in subsection (u) of this section.(C) Each renewal of a permit and certificate allowing construction shall be valid for no more than 90 days.(D) A local government shall issue only two renewals for each permit or certificate. After the local government issues two renewals, the permittee must apply for a new permit or certificate.(3) Local governments that choose to authorize master plans may adopt a different term limit for permits and certificates only if the master plans are authorized under a separate, General Land Office-approved ordinance or county commissioner's court order. Each master plan will be deemed to be a new local ordinance or county commissioners court order subject to state approval regarding effects on dunes, dune vegetation, and public beach use and access.(4) Any dune protection permit or beachfront construction certificate allowing beachfront construction issued by a local government pursuant to its dune protection and beach access plan shall be voidable by the local government under the following circumstances.(A) The permit or certificate is inconsistent with this subchapter or the local government's plan at the time the permit or certificate was issued.(B) A material change occurs after the permit or certificate is issued.(C) A permittee fails to disclose any material fact in the application.(5) In the event of a material change to the site conditions or the proposed construction since approval of the original application, a local government shall require that an applicant or permittee amend an application for a permit or certificate, or obtain a new permit or certificate. All information relevant to the material changes, such as site conditions, project plans, and required changes to mitigation or compensation, must be disclosed by the applicant or permittee to the local government. The local government will submit the amended application for a permit or certificate or new application to the General Land Office for review and comment.(6) A permit or certificate automatically terminates in the event the certified construction comes to lie within the boundaries of the public beach by artificial means or by action of storm, wind, water, or other naturally influenced causes. Nothing in the certificate shall be construed to authorize the construction, repair, or maintenance of any construction within the boundaries of the public beach at any time.(u) Administrative record.(1) Local governments shall compile and maintain an administrative record which demonstrates the basis for each final decision made regarding the issuance of a dune protection permit or beachfront construction certificate. The administrative record shall include copies of the following:(A) the permit, certificate, and any other relevant authorization that was issued in response to the application or in connection with the permit or certificate issued;(B) all materials the local government received from the applicant as part of or regarding the permit or certificate application or any association renewal or amendment;(C) the transcripts, if any, or the minutes and recordings of the local government's meeting during which a final decision regarding the permit or certificate was made; and(D) all comments and other correspondence sent or received by the local government regarding the permit or certificate.(2) Local governments shall keep the administrative record for a minimum of four years from the expiration date of a permit or certificate.(A) Local governments shall send to the General Land Office upon request a copy of those portions of the administrative record that were not originally sent to the General Land Office for permit or certificate application review and comment. The record must be received by the General Land Office no later than 10 working days after the local government receives the request.(B) The General Land Office shall notify the appropriate permittee of the request for a copy of the administrative record from the local government. Upon request of the permittee, a local government shall provide to the permittee copies of any materials in the administrative record regarding the permit or certificate which were not submitted to the local government by the permittee (i.e., the permit application) or given to the permittee by the local government (i.e., the permit). Source Note: The provisions of this §15.3 adopted to be effective February 17, 1993, 18 TexReg 661; amended to be effective April 16, 1996, 21 TexReg 3004; amended to be effective September 25, 1997, 22 TexReg 9476; amended to be effective January 31, 2010, 35 TexReg 489; amended to be effective June 12, 2014, 39 TexReg 4482; amended to be effective February 23, 2015, 40 TexReg 819; amended to be effective May 8, 2023, 48 TexReg 2343. 1 GENERAL LAND OFFICE 15 COASTAL AREA PLANNING A MANAGEMENT OF THE BEACH/DUNE SYSTEM §15.3 Administration https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213586&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 213586 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213586&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 213586 03/11/2026 (a) Dune protection required. This section provides the standards and procedures local governments shall follow in issuing, denying, or conditioning dune protection permits. A local government shall protect dunes and dune vegetation from adverse effects resulting directly or indirectly from construction in a critical dune area or seaward of its dune protection line, as cumulatively required by the Dune Protection Act, this subchapter, and that local government's dune protection and beach access plan. No person shall initiate or perform construction in violation of TNRC §§63.051, 63.091, or this chapter.(b) Procedures for local government permit determinations and permit issuance. Before issuing a dune protection permit, a local government shall make the following determinations.(1) The proposed activity is not a prohibited activity as defined in subsection (c) of this section, §15.5 of this title (relating to Beachfront Construction Standards), or §15.6 of this title (relating to Concurrent Dune Protection and Beachfront Construction Standards).(2) The proposed activity will not materially weaken dunes or materially damage dune vegetation based on the application of technical standards resulting in substantive findings under subsection (d) of this section.(3) There are no practicable alternatives to the proposed activity and the impacts cannot be avoided as provided in subsection (f)(1) of this section.(4) The applicant's mitigation plan will adequately minimize, mitigate, and/or compensate for any unavoidable adverse effects, as provided in subsection (f)(2) - (5) of this section and the applicant has affirmatively demonstrated the ability to mitigate adverse effects on dunes and dune vegetation.(5) Where mitigation is required, that the applicant has provided landowners immediately adjacent to the tract with notice of the hearing at least 10 days prior to the hearing on the application.(c) Prohibited activities. A local government shall not issue a permit or certificate authorizing the following actions within critical dune areas or seaward of that local government's dune protection line:(1) activities that are likely to result in the temporary or permanent removal of sand from the portion of the beach/dune system located on or adjacent to the construction site, including:(A) moving sand to a location landward of the critical dune area or dune protection line; and(B) temporarily or permanently moving sand off the site, except for purposes of permitted mitigation, compensation, or an approved dune restoration or beach nourishment project and then only from areas where the historical accretion rate is greater than two feet per year, and the project does not cause any adverse effects on the sediment budget;(2) depositing sand, soil, sediment, or dredged spoil which contains the hazardous substances listed in Volume 40 of the Code of Federal Regulations, Part 302.4, in concentrations which are harmful to people, flora, and fauna as determined by applicable, relevant, and appropriate requirements for toxicity standards established by the local, state, and federal governments;(3) depositing sand, soil, sediment, or dredged spoil which is of an unacceptable mineralogy or grain size when compared to the sediments found on the site (this prohibition does not apply to materials related to the installation or maintenance of public beach access roads running generally perpendicular to the public beach);(4) creating dredged spoil disposal sites, such as levees and weirs, without the appropriate local, state, and federal permits;(5) constructing or operating industrial facilities not in full compliance with all relevant laws and permitting requirements prior to the effective date of this subchapter;(6) operating recreational vehicles on a sand dune;(7) mining dunes;(8) constructing concrete slabs or other impervious surfaces within 200 feet landward of the line of vegetation. Local governments may authorize construction of a concrete slab or other impervious surface beneath a habitable structure elevated on pilings provided the slab will not extend beyond the footprint of the structure and will not be structurally attached to the building's foundation. Local governments shall not authorize the construction, outside the footprint of a habitable structure, of a concrete slab or other impervious surface whose area exceeds 5.0% of the footprint of the habitable structure. The use of permeable materials such as brick pavers, limestone, or gravel is recommended for drives or parking areas;(9) depositing trash, waste, or debris including inert materials such as concrete, stone, and bricks that are not part of the permitted on-site construction;(10) constructing cisterns, septic tanks, and septic fields seaward of any structure serviced by the cisterns, septic tanks, and septic fields; and(11) detonating bombs or explosives.(d) Technical standards for local government determination as to material weakening of dunes and material damage of dune vegetation within a critical dune area or seaward of a dune protection line. A local government may approve a permit application only if it finds as a fact, after a full investigation, that the particular conduct proposed will not materially weaken any dune or materially damage dune vegetation or reduce the effectiveness of any dune as a means of protection against erosion and high wind and water. In making the finding as to whether such material weakening or material damage will occur, a local government shall use the following technical standards. Failure to meet any one of these standards will result in a finding of material weakening or material damage and the local government shall not approve the application for the construction as proposed.(1) The activity shall not result in the potential for increased flood damage to the proposed construction site or adjacent property.(2) The activity shall not result in runoff or drainage patterns that aggravate erosion on or off the site.(3) The activity shall not result in significant changes to dune hydrology.(4) The activity shall not disturb unique flora or fauna or result in adverse effects on dune complexes or dune vegetation.(5) The activity shall not significantly increase the potential for washovers or blowouts to occur.(e) Local government considerations when determining whether to issue a dune protection permit. Local governments shall consider the following items and information when determining whether to grant a permit:(1) all comments submitted to the local government by the General Land Office;(2) cumulative impacts and indirect effects of the proposed construction on all dunes and dune vegetation within critical dune areas or seaward of a dune protection line;(3) cumulative impacts and indirect effects of other activities on dunes and dune vegetation located on the proposed construction site;(4) the pre-construction type, height, width, slope, volume, and continuity of the dunes, the pre-construction condition of the dunes, the type of dune vegetation, and percent of vegetative cover on the site;(5) the most recent historical erosion rate as determined by the University of Texas at Austin, Bureau of Economic Geology, and whether the proposed construction may alter dunes and dune vegetation in a manner that may aggravate erosion;(6) the applicant's mitigation plan for any unavoidable adverse effects on dunes and dune vegetation and the effectiveness, feasibility, and desirability of any proposed dune reconstruction and revegetation;(7) the impacts on the natural drainage patterns of the site and adjacent property;(8) any significant environmental features of the potentially affected dunes and dune vegetation such as their value and function as floral or faunal habitat or any other benefits the dunes and dune vegetation provide to other natural resources;(9) wind and storm patterns including a history of washover patterns;(10) location of the site on the flood insurance rate map; and(11) success rates of dune stabilization projects in the area.(f) Mitigation. The mitigation sequence shall be used by local governments in determining whether to issue a permit, after the determination that no material weakening of dunes or material damage to dunes or dune vegetation will occur within critical dune areas or seaward of the dune protection line. The mitigation sequence consists of the following steps: avoiding the impact altogether by not taking a certain action or parts of an action; minimizing impacts by limiting the degree or magnitude of the action and its implementation; rectifying the impact by repairing, rehabilitating, or restoring the affected environment; and compensating for the impact by replacing resources lost or damaged. If, for any reason, an applicant cannot demonstrate the ability to mitigate adverse effects on dunes and dune vegetation, the local government is not authorized to issue the permit. A local government shall require a permittee to use the mitigation sequence, as provided in this subsection, as a permit condition if that local government finds that an activity will result in any adverse effects on dunes or dune vegetation seaward of a dune protection line or on critical dune areas and add a permit condition that the applicant will mitigate for the adverse effects in accordance with the mitigation plan. When a mitigation plan is required, the applicant must provide landowners immediately adjacent to the tract with notice of the hearing on the permit at least 10 days prior to the hearing. Such notice to adjacent landowners may be made by sending a copy of the hearing notice by certified mail to the adjacent property owner's address listed in the county central appraisal district records.(1) Avoidance. Avoidance means avoiding the effect on dunes and dune vegetation altogether by not taking a certain action or parts of an action. Local governments shall require permittees to avoid adverse effects on dunes and dune vegetation. Local governments shall not issue a permit allowing any adverse effects on dunes and dune vegetation located in critical dune areas or seaward of the dune protection line unless the applicant proves there is no practicable alternative to the proposed activity, proposed site or proposed methods for conducting the activity, and the activity will not materially weaken the dunes or dune vegetation. Local governments shall require applicants to include information as to practicable alternatives in the permit application. Local governments shall review the permit application to determine whether the applicant has considered all practicable alternatives and whether one of the practicable alternatives would cause no adverse effects on dunes and dune vegetation than the proposed activity. Local governments shall require applicants to employ construction methods which will have no adverse effects, unless the applicant can demonstrate that the use of such methods is not practicable. Local governments shall require that permittees undertaking construction in critical dune areas or seaward of a dune protection line use the following avoidance techniques.(A) Routing of nonexempt pipelines. Nonexempt pipelines are any pipelines other than those subject to the exemption in §15.3(s)(2)(A) of this title (relating to Administration). Local governments shall not allow permittees to construct nonexempt pipelines within critical dune areas or seaward of a dune protection line unless there is no practicable alternative.(B) Location of construction and beach access. Local governments shall require permittees proposing construction seaward of dune protection lines and within critical dune areas to locate all such construction as far landward of dunes as practicable. Local governments shall not restrict construction which provides access to and from the public beach pursuant to this provision.(C) Location of roads. Local governments shall require permittees constructing roads parallel to beaches to locate the roads as far landward of critical dune areas as practicable and shall not allow permittees to locate such roads within 200 feet landward of the line of vegetation.(D) Artificial runoff channels. Local governments shall not permit construction of new artificial channels, including stormwater runoff channels, unless there is no practicable alternative.(2) Minimization. Minimization means minimizing effects on dunes and dune vegetation by limiting the degree or magnitude of the action and its implementation. Local governments shall require that applicants minimize adverse impacts to dunes and dune vegetation by limiting the degree or magnitude of the action and its implementation. If an applicant for a dune protection permit demonstrates to the local government that adverse effects on dunes or dune vegetation cannot be avoided and the activity will not materially weaken dunes and dune vegetation, the local government may issue a permit allowing the proposed alteration, provided that the permit contains a condition requiring the permittees to minimize adverse effects on dunes or dune vegetation to the greatest extent practicable.(A) Routing of nonexempt pipelines. Nonexempt pipelines are any pipelines other than those subject to the exemption in §15.3(s)(2)(A) of this title (relating to Administration). If a permittee demonstrates that there is no practicable alternative to crossing critical dune areas, the local government may allow a permittee to construct a pipeline across previously disturbed areas, such as blowout areas. Where use of previously disturbed areas is not practicable, the local government shall require the permittees to avoid adverse effects on or disturbance of dune surfaces and shall require the mitigation sequence if the adverse effects are unavoidable.(B) Location of construction and beach access.(i) Local governments shall require permittees to minimize construction and pedestrian traffic on or across dune areas to the greatest extent practicable, taking into account trends of dune movement and beach erosion in that area.(ii) Local governments may allow permittees to route private and public pedestrian beach access to and from the public beach through washover areas or over elevated walkways in their approved dune protection and beach access plans. All pedestrian access routes and walkways shall be clearly and conspicuously marked with permanent signs by the local government if the beach access is public.(iii) When approving proposed plats for subdivision, multiple dwelling, or commercial facilities, or other new developments, local governments should use their authority to limit private access points to the public beach to the minimum amount needed to service the development.(iv) Local governments shall minimize proliferation of excessive private access by permitting only the minimum necessary private beach access points to the public beach from any proposed subdivision, multiple dwelling, or commercial facility. In some cases, the minimum beach access points may be only one access point. In determining the appropriate grouping of access points, the local government shall consider the size and scope of the development.(v) Local governments and the owners and operators of commercial facilities, subdivisions, and multiple dwellings shall post signs in areas where pedestrian traffic is high, explaining the functions of dunes and the importance of vegetation in preserving dunes.(vi) Local governments shall not allow a permittee to construct or maintain a structure on previously mitigated or compensated dunes that are seaward of a dune protection line, where practicable, except for specifically permitted dune walkovers or similar access ways.(C) Location of roads.(i) Wherever practicable, local governments may require permittees to locate beach access roads in washover areas, blowout areas, or other areas where dune vegetation has already been disturbed; local governments shall require permittees to build such roads along the natural land contours, to minimize the width of such roads, and where possible, to improve existing access roads with elevated berms near the beach that prevent channelization of floodwaters. Where practicable, local governments shall require permittees to locate roads at an oblique angle to the prevailing wind direction.(ii) Wherever practicable, local governments shall provide vehicular access to and from beaches by using existing roads or from roads constructed in accordance with paragraph (1)(C) of this subsection and clause (i) of this subparagraph. Local governments shall not apply this provision in a manner which restricts public beach access.(iii) Local governments shall include in any permit authorizing the construction of roads a permit condition prohibiting persons from using or parking any motor vehicle on, through, or across dunes in critical dune areas except for the use of vehicles on designated access ways.(D) Artificial runoff channels. Local governments shall only authorize construction of artificial runoff channels (that direct stormwater flow) if the channels are located in a manner which avoids erosion and unnecessary construction of additional channels. Local governments shall require that permittees make maximum use of natural or existing drainage patterns, whenever practicable, when locating new channels and stormwater retention basins. However, if new channels are necessary, local governments shall require that permittees direct all runoff inland and not to the Gulf of Mexico through critical dune areas, where practicable.(3) Mitigation. Mitigation means repairing, rehabilitating, or restoring affected dunes and dune vegetation. Local governments shall require permittees, as a condition of the permit, to mitigate all adverse effects to dunes and dune vegetation which will occur after a permittee has avoided and minimized such adverse effects to the greatest extent practicable. Local governments shall require the permittee to mitigate damage to dunes and dune vegetation so as to provide, when compared to the pre-existing dunes and dune vegetation, an equal or greater area of vegetative cover and dune volume, an equal or greater degree of protection against damage to natural resources, and an equal or greater degree of protection against flood and erosion damage and other nuisance conditions to adjacent properties. When determining the appropriate mitigation method, local governments shall consider the recommendations of the General Land Office, federal and state natural resource agencies, and dune vegetation experts.(A) Mitigation standards for dunes. Local governments may allow a permittee to mitigate adverse effects on dunes using vegetative or mechanical means. Local governments shall require that a permittee proposing to restore dunes and dune vegetation as provided in §15.7(e) of this title (relating to Local Government Management of the Public Beach) use the following techniques:(i) restore dunes to approximate the naturally formed dune position or location, contour, volume, elevation, vegetative cover, and sediment content in the area;(ii) allow for the natural dynamics and migration of dunes;(iii) use discontinuous temporary sand fences or an approved method of dune restoration, where appropriate, considering the characteristics of the site; and(iv) restore or repair dunes using indigenous vegetation that will achieve the same protective capability or greater capability as the surrounding natural dunes.(B) Stabilization of critical dune areas. Local governments shall give priority for stabilization to blowouts and breaches when permitting restoration of dunes. Before permitting stabilization of washover areas, local governments shall:(i) assess the overall impact of the project on the beach/dune system;(ii) consider any adverse effects on hydrology and drainage which will result from the project; and(iii) require that equal or better public beach access be provided to compensate for impairment of any public beach access previously provided by the washover area.(4) Compensation. Compensation means compensating for effects on dunes and dune vegetation by replacing or providing substitute dunes and dune vegetation. Local governments shall require the permit holder to compensate for the adverse effects to dunes and dune vegetation at a 1:1 ratio. Compensation may be undertaken both on-site and off-site; however, off-site compensation may only be allowed as provided in subparagraph (B) of this paragraph.(A) On-site compensation. On-site compensation consists of replacement of the affected dunes or dune vegetation on the property where the damage to dunes and dune vegetation occurred and seaward of the local dune protection line. A local government shall require permittees to undertake compensation on the construction site, where practicable. A local government shall require a permittee to follow the requirements provided in paragraph (3)(A) of this subsection and paragraph (4)(C)(iii) - (iv) of this subsection when replacing dunes or dune vegetation.(B) Off-site compensation. Off-site compensation consists of replacement of the affected dunes or dune vegetation in a location outside the boundary of the property where the damage to dunes and dune vegetation occurred. The landward limit of allowable off-site mitigation is the local dune protection line. Local governments shall require that a permittee's compensation efforts take place on the construction site unless the permittee demonstrates the following facts to the local government:(i) on-site compensation is not practicable;(ii) the off-site compensation will be located as close to the construction site as practicable;(iii) the proffered off-site compensation has achieved a 1:1 ratio of proposed adverse effects on successful, completed, and stabilized restoration prior to beginning construction;(iv) the permittee has notified FEMA, Region 6, Risk Analysis Branch, of the proposed off-site compensation.(C) Information required for off-site compensation. Local governments shall require permittees to provide the following information when proposing off-site compensation:(i) the name, address, phone number, and electronic mail address, if applicable, of the owner of the property where the off-site compensation will be located;(ii) a legal description of property intended to be used for the proposed off-site compensation;(iii) the source of sand and the dune vegetation;(iv) all information regarding permits and certificates issued for the restoration of dunes on the compensation site;(v) all relevant information regarding the success, current status, and stabilization of the dune restoration efforts on the compensation site;(vi) any increase in potential flood damage to the site where the adverse effects on dunes and dune vegetation will occur and to the public and private property adjacent to that site; and(vii) the proposed date of initiation of the compensation. Local governments shall include a condition in each permit authorizing off-site compensation which requires permittees to notify local governments in writing of the actual date of initiation within 10 working days after compensation is initiated. If the permittee fails to begin compensation on the date proposed in the application, the permittee shall provide the local government with the reason for the delay. Local governments shall take this reason into account when determining whether a permittee has violated the compensation deadline.(5) Compensation for adverse effects on dune vegetation. Local governments shall require that permittees compensate for adverse effects on dune vegetation by planting indigenous vegetation on the affected dunes and shall consider the recommendations of the General Land Office, federal and state natural resource agencies, and dune vegetation experts. Local governments may allow a permittees to use temporary sand fencing or another approved method of dune restoration. Local governments shall prohibit a permittee from compensating for adverse effects on dune vegetation by removing existing vegetation from private or state-owned property unless the permittee has received prior written permission from the property owner or the state. In addition to the requirement that permission be obtained from the property owner, all persons are prohibited from removing vegetation from a critical dune area or seaward of a dune protection line unless specifically authorized to do so in a dune protection permit. Local governments shall include conditions in such permits requiring the permittee to provide a copy of the written permission for vegetation removal and to identify the source of any sand and vegetation which will be used to compensate for adverse effects on dunes and dune vegetation in the mitigation plan contained in the permit application.(g) Mitigation or compensation deadline.(1) Initiation of mitigation or compensation. Local governments shall require permittees to begin mitigation or compensation for any adverse effect(s) to dunes and dune vegetation prior to or concurrent with the commencement of construction. If mitigation or compensation is not completed in accordance with the mitigation or compensation plan prior to commencement of construction of any structure, the local government shall require that the permittee provide the local government with proof of financial responsibility in an amount equal to that necessary to complete the mitigation or compensation. This can be done in the form of an irrevocable letter of credit, performance bond, or any other instrument acceptable to the local government.(2) Completion of mitigation or compensation. Local governments shall require permittees to conduct compensation efforts continuously until the repaired, rehabilitated, and restored dunes and dune vegetation are equal or superior to the pre-existing dunes and dune vegetation. These efforts shall include preservation and maintenance pending completion of mitigation or compensation.(3) Local government determination of completion of mitigation or compensation. Local governments shall determine a mitigation or compensation project is complete when the dune restoration project's position, contour, volume, elevation, and vegetative cover matches or exceeds the surrounding naturally formed dunes.(4) General Land Office notification of mitigation or compensation certification. Local governments shall provide written notification to the General Land Office after determining that the mitigation or compensation is complete as defined in paragraph (3) of this subsection. The General Land Office may conduct a field inspection to verify compliance with this subchapter. If the local government does not receive an objection from the General Land Office regarding the completion of mitigation or compensation within 30 working days after the General Land Office is notified in writing, the local government may certify that the mitigation or compensation is complete.(5) Violation of mitigation or compensation deadline. The General Land Office (GLO) recognizes that the time necessary to restore dunes and dune vegetation varies with factors such as climate, time of year, soil moisture, plant stability, and storm activity. The permittee must complete the sand placement, and, if applicable, the dune vegetation relocation or planting portions of the mitigation or compensation plan within one year of initiation of construction. The permittee shall be deemed to have failed to achieve mitigation or compensation if a 1:1 ratio has not been achieved within three years after initiation of construction, and the GLO may initiate enforcement as provided in Section 15.9 of this title (relating to Enforcement, Penalties and Remedial Orders). Source Note: The provisions of this §15.4 adopted to be effective February 17, 1993, 18 TexReg 661; amended to be effective April 16, 1996, 21 TexReg 3004; amended to be effective February 23, 2015, 40 TexReg 819; amended to be effective May 8, 2023, 48 TexReg 2343. 1 GENERAL LAND OFFICE 15 COASTAL AREA PLANNING A MANAGEMENT OF THE BEACH/DUNE SYSTEM §15.4 Dune Protection Standards https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213587&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 213587 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213587&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 213587 03/11/2026 (a) Local government certification of beachfront construction. This section provides the standards local governments shall follow when preparing that portion of the dune protection and beach access plan specifically related to issuing or conditioning beachfront construction certificates.(1) In general, within its jurisdiction, a local government shall not allow diminution of the size of public beaches and shall preserve and enhance public access between public beaches and public roads lying landward. A local government certification shall consist of one of two affirmative findings: an affirmative finding by a local government that the proposed construction is consistent with the beach access portion of a local government's dune protection and beach access plan and does not encroach upon the public beach, nor does it interfere with, or otherwise restrict, the public's right to use and have access to and from the public beach; or an affirmative finding that the proposed construction is inconsistent with the beach access portion of a local government's dune protection and beach access plan. The beach access portion of the local government's dune protection and beach access plan shall provide that beachfront construction will not adversely affect or allow encroachments upon the public beach or interfere with or otherwise impair the public's right to use and have access to and from the public beach.(2) No person shall initiate or perform construction in violation of Texas Natural Resources Code, §61.013 or this Chapter.(b) Prohibition of certification. Local governments shall not issue a certificate authorizing beachfront construction if the local government determines that the construction:(1) reduces the size of the public beach in any manner;(2) closes or otherwise impairs any existing public beach access point unless the local government simultaneously provides or requires the permittee to provide equivalent or better public access; or(3) includes a proposal to construct a concrete slab or other impervious surfaces within 200 feet of the line of vegetation or within the eroding area boundary (if such a boundary is established in the local beach/dune plan), whichever distance is greater. Local governments may authorize construction of a concrete slab or other impervious surfaces beneath the footprint of a habitable structure elevated on pilings provided the concrete slab or impervious surface will not extend beyond the footprint of the structure and will not be structurally attached to the building's foundation. Local governments shall not authorize the construction, outside the footprint of a habitable structure, of a concrete slab or other impervious surface whose area exceeds 5.0% of the footprint of the habitable structure. Permeable materials such as brick pavers, limestone, or gravel may be used to construct driveways or parking areas.(c) Encroachments on public beaches.(1) Prohibition of construction on the public beach. Except as provided in §15.11 (relating to Repairs to Certain Houses Located Seaward of the Boundary of the Public Beach), a local government is prohibited from issuing a certificate authorizing any person to undertake any construction on the public beach or any construction that encroaches in whole or in part on the public beach. This prohibition does not prevent the approval of man-made vegetated mounds and dune walkovers under a properly issued dune protection permit and beachfront construction certificate. Any issuance or approval of a permit, certificate, or any other instrument contrary to this subsection is void.(2) Construction landward of the public beach. Except as provided in §15.11, local governments shall not issue any beachfront construction certificate authorizing construction landward of the public beach that functionally supports or depends on, or is otherwise related to, proposed or existing structures that encroach on the public beach, regardless of whether the encroaching structure is on land that was previously landward of the public beach.(d) Dedication of new beach access points.(1) Pursuant to the authority provided in the Open Beaches Act, §61.015(g), and as a condition of beachfront construction certification as to consistency with a local government's plan, a local government shall require a permittee to dedicate to the public new public beach access or parking area(s), where necessary, for consistency with the beach access and use, vehicular control, or beach user fee provisions of the pertinent state-approved dune protection and beach access plan. Such provisions shall incorporate the standards for pedestrian and vehicular access established in §15.7 of this title (relating to Local Government Management of the Public Beach).(2) A local government shall require a permittee to dedicate an access area if it issues a certificate allowing a permittee to conduct activities which will impair access to and from the beach in any manner. Such a dedicated access area shall provide access equivalent to or better than the access impaired by the permittee's activity and shall be consistent with the pertinent provisions regarding beach access and use, vehicular controls. Source Note: The provisions of this §15.5 adopted to be effective February 17, 1993, 18 TexReg 661; amended to be effective April 16, 1996, 21 TexReg 3004; amended to be effective February 28, 2000, 25 TexReg 1713; amended to be effective October 21, 2003, 28 TexReg 9075; amended to be effective August 30, 2006, 31 TexReg 6777; amended to be effective May 8, 2023, 48 TexReg 2343. 1 GENERAL LAND OFFICE 15 COASTAL AREA PLANNING A MANAGEMENT OF THE BEACH/DUNE SYSTEM §15.5 Beachfront Construction Standards https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213588&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 213588 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213588&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 213588 03/11/2026 (a) Local government application of standards. This section provides the standards local governments shall follow when issuing, denying, or conditioning dune protection permits and beachfront construction certificates. This section applies to all construction within the geographic scope of this subchapter and to either permits or certificates or both. The requirements of this section are in addition to the requirements in §15.4 of this title (relating to Dune Protection Standards), and §15.5 of this title (relating to Beachfront Construction Standards).(b) Location of construction. Local governments shall require permittees to locate all construction as far landward as is practicable and shall not allow any construction which may aggravate erosion.(c) Prohibition of erosion response structures. Local governments shall not issue a permit or certificate allowing construction of an erosion response structure. Notwithstanding the general prohibition on constructing erosion response structures, a local government may authorize the construction of a structural shore protection project that conforms with the policies of the General Land Office promulgated in 31 TAC §26.26(b) of this title (relating to Policies for Construction in the Beach/Dune System). However, a local government may issue a permit or certificate authorizing construction of a retaining wall, as defined in §15.2 of this title (relating to Definitions), under the following conditions. These conditions only apply to the construction of a retaining wall; all other erosion response structures are prohibited.(1) A local government shall not issue a permit authorizing the construction of a retaining wall within the area 200 feet landward of the line of vegetation.(2) A local government may issue a permit authorizing construction of a retaining wall in the area more than 200 feet landward of the line of vegetation.(d) Existing erosion response structures. In no event shall local governments issue permits or certificates authorizing maintenance or repair of an existing erosion response structure seaward of the line of vegetation or the enlargement or improvement of the structure within 200 feet landward of the line of vegetation. Notwithstanding the general prohibition on maintaining or repairing erosion response structures, a local government may authorize the maintenance or repair of a structural shore protection project that conforms with the policies of the General Land Office promulgated in 31 TAC §26.26(b). Also within 200 feet landward of the line of vegetation, local governments shall not issue a permit or certificate allowing any person to maintain or repair an existing erosion response structure if the structure is more than 50% damaged, except under the following circumstances.(1) When failure to repair the structure will cause unreasonable hazard to a public building, public road, public water supply, public sewer system, or other public facility immediately landward of the structure.(2) When failure to repair the structure will cause unreasonable flood hazard to habitable structures because adjacent erosion response structures will channel floodwaters to the habitable structure.(e) Construction in flood hazard areas.(1) A local government shall not issue a permit or certificate that does not comply with FEMA's regulations governing construction in flood hazard areas. FEMA prohibits man-made alteration of sand dunes and mangrove stands within Zones V1-30, V, and VE on the community's flood insurance rate maps which would increase the potential for flood damage.(2) A local government shall inform the General Land Office and the FEMA regional representative in Texas before it issues any variance from FEMA regulations or allows any activity done in variance of FEMA's regulations found in Volume 44 of the Code of Federal Regulations, Parts 59-77. Variances may adversely affect a local government's participation in the National Flood Insurance Program.(3) A local government shall not issue a permit or certificate that does not comply with FEMA minimum requirements or with the FEMA-approved local ordinance or county commissioners court order.(f) Construction in eroding areas. Local governments with jurisdiction over eroding areas shall follow the standards provided in §15.4 of this title and §15.5 of this title. If there is any conflict between this subsection, §15.4 of this title, and §15.5 of this title, this subsection applies. The General Land Office shall supply information for or assist a local government in determining eroding areas and the landward boundary of eroding areas. In addition, because of the higher risk of damage from flooding or erosion in such areas, local governments shall:(1) require that structures built in eroding areas be elevated on pilings in accordance with FEMA minimum standards or above the natural elevation (whichever is greater);(2) require that structures located on property adjacent to the public beach be designed for feasible relocation;(3) allow a permittee to alter or pave only the ground within the footprint of the habitable structure, not including amenities (however, permeable materials such as brick pavers, gravel or crushed limestone may be used to construct driveways) only if the alteration or paving will be entirely undertaken, constructed, and located landward of 200 feet from the line of vegetation or landward of an eroding area boundary established in the local beach/dune plan, whichever distance is greater; and(4) Unless otherwise restricted by the local plan, and if consistent with the requirements of National Flood Insurance Program, local governments may permit the construction of a storage area or areas with breakaway or louvered walls or for enclosures required by local building or safety codes.(5) Notwithstanding the provisions of paragraph (3) of this subsection, a local government may allow a permittee to place unreinforced fibercrete in 4 foot by 4 foot sections, 4 inches thick separated by expansion joints beneath the footprint of the habitable structure, as defined in Section 15.2 of this title, only if the fibercrete is not structurally attached to the pilings. The placement of unreinforced fibercrete will be entirely undertaken, constructed, and located at least 25 feet from the landward toe of the foredunes. If no dunes exist, placement of unreinforced fibercrete will only be undertaken, constructed, and located at least 100 feet landward of the line of vegetation, or landward of an eroding area boundary established in the local dune protection and beach access plan, whichever distance is greater. Gravel or crushed limestone may be used to construct driveways and parking areas in the area 50 feet landward of the line of vegetation to the Dune Protection Line.(g) Construction of certain parking areas or walkways. Notwithstanding the standards provided in §15.4(c)(8) of this title, §15.5(b)(3) of this title, and subsection (f) of this section, if parking areas or walkways for commercial facilities or public beach access facilities are required to be accessible for persons with disabilities and the use of permeable materials is not practicable, a local government may allow a concrete slab or other impervious surface whose area does not exceed 5.0% of the square footage of the property, upon demonstration of necessity by the applicant. If there is any conflict between this subsection, §15.4(c)(8) of this title, §15.5(b)(3) of this title, and subsection (f) of this section, this subsection applies.(h) Construction affecting natural drainage patterns. Local governments shall not issue a certificate or permit authorizing construction unless the construction activities will minimize impacts on natural hydrology. Such projects shall not cause erosion of adjacent properties, critical dune areas, or the public beach.(i) Construction of dune walkovers or similar structures. Proliferation of dune walkovers shall be minimized as provided for in 15.4(f)(2)(B) of this title. Local governments shall require permittees to construct dune walkovers in the following manner:(1) Dune walkovers shall be constructed to allow for the growth of dune vegetation and the migration of dunes under the walkovers.(A) The width of a dune walkover or similar structure is limited to 4 feet wide, where practicable. An increased width may be permitted for public access walkovers, shared walkovers for three or more residences, or for wheelchair or golf-cart use with approval of the local government. The need for a dune walkover or similar structure wider than 4 feet must be demonstrated during the permit application process.(B) The lowest level of the walkover must be of sufficient elevation to accommodate expected increases in dune height. At a minimum, the lowest level of the dune walkover with a width of 4 feet or less must be constructed at a height of at least 3 feet above the highest point of the tallest dune crest beneath and immediately adjacent to the dune walkover. A dune walkover with a width of greater than 4 feet must be constructed at an adequate height that will allow for the growth of dune vegetation and migration of dunes under the walkover. Exceptions to the height requirement may be made for walkovers to descend to the beach over the foredune ridge.(C) Slats forming the deck of the dune walkover shall be spaced at least 1/2 inches apart so that sunlight and rainfall can penetrate to vegetation below and so that sand will not accumulate on the deck.(2) Use of concrete to stabilize dune walkover pilings is prohibited.(3) For all new construction of public dune walkovers in areas where vehicles are prohibited from driving on and along the public beach, local governments are required to construct walkovers accessible for persons with disabilities, where practicable.(4) The requirements in paragraphs (1) - (3) of this subsection apply to all new construction of dune walkovers and similar structures and any major repairs to existing dune walkovers and similar structures.(j) Emergency response to oil or hazardous substance spills. Any person responding to spills shall comply with the following regulations when cleaning up or disposing of oil or hazardous substances in the beach/dune system.(1) The state on-scene coordinator is responsible for contacting the GLO Beach/Dune Team regarding proposed cleanup and disposal methods.(2) The state on-scene coordinator shall, in consultation with the state natural resource trustees and the GLO Beach/Dune Team and through the Incident Command System, determine the appropriate depth for excavation and the appropriate quantity of sand to be removed, if any, from the beach/dune system.(A) Spill cleanup. Cleanup methods shall avoid and otherwise minimize adverse impacts to the beach/dune system by ensuring that:(i) Removal of sand from the beach is limited to the absolute minimum and will not exacerbate shoreline erosion.(ii) Manual cleanup methods are used, if practicable.(iii) Grading or scraping of the beach is minimized, and grading of non-oiled or non-hazardous areas is prohibited.(B) Disposal of contaminated sand. Disposal methods shall avoid adverse impacts to the beach/dune system by ensuring that:(i) Before any scraped sand is relocated within the beach/dune system, the material shall be tested for toxicity and percent of oiling. Only material that does not pose a threat to human health and the environment may remain in the beach/dune system. New dunes (man-made mounds) may be built with non-hazardous material provided that they are built in accordance with §15.7(e) of this title (relating to Local Government Management of the Public Beach) and placed in areas preapproved by the state natural resource trustees. A dune protection permit is not required for such new dune creation. The disposal shall be in accordance with applicable, relevant, and appropriate requirements established by local state and federal laws.(ii) Hazardous materials shall be removed and disposed of as required by local, state, and federal laws.(iii) Disposal of waste must be in compliance with applicable state and federal laws and regulations of the Texas Commission on Environmental Quality and the United States Environmental Protection Agency. Disposal of oiled, non-hazardous sand shall be in accordance with applicable state and federal law, except that such sand shall not be disposed of in a location on or adjacent to dune vegetation, as defined in §15.2 of this title. Source Note: The provisions of this §15.6 adopted to be effective February 17, 1993, 18 TexReg 661; amended to be effective April 16, 1996, 21 TexReg 3004; amended to be effective October 21, 2003, 28 TexReg 9075; amended to be effective October 10, 2005, 30 TexReg 6447; amended to be effective January 25, 2007, 32 TexReg 244; amended to be effective January 31, 2010, 35 TexReg 489; amended to be effective May 8, 2023, 48 TexReg 2343. 1 GENERAL LAND OFFICE 15 COASTAL AREA PLANNING A MANAGEMENT OF THE BEACH/DUNE SYSTEM §15.6 Concurrent Dune Protection and Beachfront Construction Standards https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216677&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 216677 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216677&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 216677 03/11/2026 (a) Standards applicable to local governments. This section provides standards applicable to local government issuance, denial, or conditioning of permits or certificates, as well as all other local government activities relating to management of public beaches.(b) Construction of coastal and shore protection projects. Local governments shall encourage carefully planned beach nourishment and sediment bypassing for erosion response management and prohibit erosion response structures within the public beach and 200 feet landward of the line of vegetation.(c) Monitoring. A local government or the state may require a permittee to conduct or pay for a monitoring program to study the effects of a coastal and shore protection project on the public beach. Further, permittees are required to notify the state and the appropriate local government of any discernible change in the erosion rate on their property.(d) Requirements for beach nourishment projects. A local government shall not allow a beach nourishment project unless it finds and the project sponsor demonstrates that the following requirements are met.(1) The project is consistent with the local government's dune protection and beach access plan.(2) The sediment to be used is of effective grain size, mineralogy, and quality or the same as the existing beach material.(3) The proposed nourishment material does not contain any of the hazardous substances listed in the Code of Federal Regulations, Volume 40, Part 300, in concentrations which are harmful to human health or the environment as determined by applicable, relevant, and appropriate requirements established by the local, state, and federal governments.(4) There will be no adverse environmental effects on the property surrounding the area from which the sediment will be taken or to the site of the proposed nourishment.(5) The removal of sediment will not have any adverse impacts on flora and fauna.(6) There will be no adverse effects caused from transporting the nourishment material.(e) Restoration of dunes on public beaches. Sand dunes, either naturally created or restored, may aid in the preservation of the coastal environment by providing a protective barrier against beach erosion processes. Except as otherwise provided, local governments shall allow restoration of dunes on the public beach no more than 20 feet seaward of the landward boundary of the public beach. Restored dunes may be located farther seaward than the 20-foot restoration area only upon an affirmative demonstration by the permit applicant that substantial dunes would likely form farther seaward naturally and would not restrict or interfere with public access to the beach at normal high tide. Such seaward extension past the 20-foot area must first receive prior written approval of the General Land Office. In the absence of such an affirmative demonstration by the applicant, a local government shall require the applicant to meet the requirements provided in §15.4(f)(3) of this title (relating to Dune Protection Standards) and the following standards relating to the location of restored dunes.(1) Local governments shall require persons to locate restored dunes in the area extending no more than 20 feet seaward of the landward boundary of the public beach. Local governments shall ensure that the 20-foot restoration area follows the natural migration of the vegetation line.(2) Local governments shall not allow any person to restore dunes, even within the 20-foot corridor, if such dunes would restrict or interfere with the public use of the beach at normal high tide.(3) Local governments shall require persons to restore dunes to be continuous with any surrounding naturally formed dunes and shall approximate the natural position, contour, volume, elevation, vegetative cover, and sediment content of any naturally formed dunes in the proposed dune restoration area.(4) Local governments shall require persons restoring dunes to use indigenous vegetation that will achieve the same protective capability as the surrounding natural dunes.(5) Local governments shall not allow any person to restore dunes using any of the following methods or materials:(A) hard or engineered structures;(B) materials such as bulkheads, riprap, concrete, asphalt rubble, building construction materials, and any non-biodegradable items;(C) fine, clayey, or silty sediments;(D) sediments containing the toxic materials listed in Volume 40 of the Code of Federal Regulations, Part 302.4 in concentrations which are harmful to people, flora, and fauna as determined by applicable, relevant, and appropriate requirements for toxicity standards established by the local, state, and federal governments; and(E) sand obtained by scraping or grading dunes or the beach.(6) Local governments may allow persons to use the following dune restoration methods or materials:(A) piles of sand having similar grain size and mineralogy as the surrounding beach;(B) temporary, discontinuous sand fences conforming to the most recent edition of the General Land Office Dune Protection and Improvement Manual for the Texas Gulf Coast guidelines;(C) organic brushy materials such as used Christmas trees and seaweed; and(D) sand obtained by scraping accreting beaches only if the scraping is approved by the local government and the project is monitored to determine any changes that may increase erosion of the public beach.(7) Local governments shall protect restored dunes under the same restrictions and requirements as natural dunes under the local government's jurisdiction.(8) Local governments shall not allow a permittee to construct or maintain a structure on the restored dunes that are seaward of a dune protection line, except for specifically permitted dune walkovers or similar access ways.(9) All applications submitted to a local government for the restoration of dunes on the public beach shall be forwarded to the General Land Office at least 10 working days prior to the local government's consideration of the permit. Failure of the General Land Office to submit comments on an application shall not waive, diminish, or otherwise modify the beach access and use rights of the public.(f) Scientific research projects. Local governments may exempt a scientific research project from the requirements of §15.4(c) of this title or subsection (e) of this section provided the research is conducted by an academic institution or state, federal, or local government. Prior to conducting the research, the project manager shall submit a detailed work plan and monitoring plan for approval by the General Land Office. The research activities shall not materially weaken existing dunes or dune vegetation or increase erosion of adjacent properties.(g) Dune walkovers. Local governments shall only allow dune walkovers, including other similar beach access mechanisms, which extend onto the public beach under the following circumstances.(1) Local governments shall require that permittees restrict the walkovers, to the greatest extent possible, to the most landward point of the public beach.(2) Local governments shall require that permittees construct and locate the walkovers in a manner that will not interfere with or otherwise restrict public use of the beach at normal high tides.(3) Local governments shall require permittees to construct dune walkovers in a manner that complies with §15.6(i) of this title (relating to Concurrent Dune Protection and Beachfront Construction Standards).(4) Local governments shall require that permittees relocate walkovers to follow any landward migration of the public beach or seaward migration of dunes using the following procedures and standards.(A) After significant landward migration of the landward boundary of the public beach, local governments shall require permittees to shorten any dune walkovers encroaching on the public beach to the appropriate length for removal of the encroachment. This requirement shall be contained as a condition in any permit and certificate issued authorizing construction of walkovers.(B) In cases where a dune walkover needs to be lengthened because of the seaward migration of dunes, the permittee shall apply for a permit or certificate authorizing the modification of the structure.(h) Preservation and enhancement of public beach use and access. A local government shall regulate pedestrian or vehicular beach access, traffic, and parking on the beach only in a manner that preserves or enhances existing public right to use and have access to and from the beach. A local government shall not impair or close an existing access point, close a public beach to pedestrian or vehicular traffic, or modify public beach parking without prior approval from the General Land Office. The General Land Office may approve and certify a local government's modification to their beach access and use plan based upon the General Land Office's affirmative finding that such modifications preserve or enhance the public's right to use and access the public beach.(1) For the purposes of this subchapter, beach access and use is presumed to be preserved if the following criteria are met.(A) Parking on or adjacent to the beach is adequate to accommodate one car for each 15 linear feet of beach.(B) Where vehicles are prohibited from driving on and along the beach, ingress/egress access ways are no farther apart than 1/2 mile.(C) Signs are conspicuously posted which explain the nature and extent of vehicular controls, parking areas, and access points, including access for persons with disabilities.(2) A local government shall have an adopted, enforceable, written policy prohibiting the local government's abandonment, relinquishment, or conveyance of any right, title, easement, right-of-way, street, path, or other interest that provides existing or potential beach access, unless an alternative equivalent or better beach access is first provided by the local government consistent with its dune protection and beach access plan and this subchapter.(3) This provision does not apply to any existing local government traffic regulations enacted before the effective date of this subchapter, and the former law is continued in effect until the regulations are amended or changed in whole or in part. New or amended vehicular traffic regulations enacted for public safety, such as establishing speed limits and pedestrian rights-of-way, are exempt from the certification procedure but must nevertheless be consistent with the Open Beaches Act and this subchapter.(4) This subchapter does not prevent a local government from using its existing authority to close individual beach access points for emergencies related to public safety. However, the standards and procedures for such emergency closures shall be included in its state-approved dune protection and beach access plan. The GLO must be notified by the local government as soon as practicable of any emergency closures.(5) A local government may not restrict vehicular traffic from a public beach unless it preserves or enhances beach access for persons with disabilities. For the purposes of vehicular restrictions only, beach access for persons with disabilities is presumed to be preserved if the following criteria are met:(A) Where vehicles are prohibited from driving to mean high tide, at least one access way with a stable, slip-resistant surface to the approximate high tide line is provided in each jurisdiction and signs identifying the accessible beach access route are conspicuously posted at the landward terminus of the access route.(i) Where a local government can demonstrate that providing and maintaining a stable, slip-resistant surface to the approximate high tide line is not practicable, local governments shall provide an alternate means of access for persons with disabilities, such as beach wheelchairs.(ii) In areas where vehicular access is prohibited, local governments have until December 31, 2023 to come into compliance with the above provisions.(B) In areas where vehicles are prohibited from driving on and along the beach, golf carts must also be prohibited. However, the local government must allow the use on the beach of a golf cart, as defined by §551.401, Texas Transportation Code, if:(i) the golf cart is being operated by or for the transportation of a veteran with disabilities or a person with a physical disability; and(ii) a disabled parking placard issued under §681.004, Texas Transportation Code, is displayed in a conspicuous manner on the golf cart.(C) The local government must provide at least one ingress/egress access way accessible to golf carts for each area of the beach where vehicles are prohibited.(D) A local government may limit the use of golf carts for the transportation of a person with a physical disability to electric powered golf carts.(E) In this section, "golf cart" has the meaning assigned by §331.401, Texas Transportation Code and "public highway" has the meaning assigned by §502.001, Texas Transportation Code.(i) Request for General Land Office approval of beach access plans. When requesting approval of or an amendment to a beach access plan, a local government shall submit a new or amended plan to the General Land Office providing the information and following procedures outlined in §15.3(o) of this title (relating to Administration) and the following information:(1) a current description and map of the entire beach access system within its jurisdiction;(2) a detailed status of beach access demonstrated through evidence such as photographs, surveys, and statistics regarding the number of beach users;(3) a detailed description of the proposed beach access plan replacing the existing beach access system. Such description shall demonstrate the method of providing equivalent or better access to and from the public beaches, including access for persons with disabilities; and(4) a vehicular control plan, if the local government proposes either new or amended vehicular controls for the public beach. The vehicular control plan must include, at a minimum, the following information:(A) an inventory and description of all existing vehicular access ways to and from the beach and existing vehicular use of the beach;(B) all legal authority, including local government ordinances that impose existing vehicular controls;(C) a detailed description of any proposed changes to vehicular access;(D) a statement of short-term or long-range goals for restricting or regulating vehicular access and use;(E) an analysis and statement of how the proposed vehicular controls are consistent or inconsistent with the state standards for preserving and enhancing public beach access set forth in this subchapter; and(F) a description of how vehicular management relates to beach construction management, beach user fees, and dune protection within the jurisdiction of the local government.(j) Integration of vehicular control plan and other plans. The vehicular control plan may be a part of a local government's beach access and use plan required under the Texas Natural Resources Code, §61.015, any beach user fee plan required under the Texas Natural Resources Code, §61.022, and any dune protection program required under the Texas Natural Resources Code, Chapter 63. The General Land Office encourages local governments to combine and integrate these various plans and programs.(k) General Land Office approval of vehicular control plan adopted or amended after the effective date of this subchapter. A local government shall submit the vehicular control plan to the General Land Office no later than 90 working days prior to taking any action on the plan. This provision does not prevent a local government from exercising its existing authority over vehicular controls in emergencies. The standards and procedures for such emergency vehicular controls shall be submitted to the state in the vehicular control portion of a local government's dune protection and beach access plan. A plan may be approved if the vehicular controls are found to be consistent with the Open Beaches Act and with this subchapter. Prior to final adoption or implementation of a new or amended vehicular control ordinance, the local government shall obtain state certification of the plan for vehicular control pursuant to the Open Beaches Act, Texas Natural Resources Code, §61.022.(l) If the General Land Office determines that existing beach access or proposed changes to vehicular controls are not consistent with state standards, the local government shall prepare a plan for achieving consistency within a period of time to be determined by the General Land Office. This plan shall include a detailed description of the means and methods of upgrading the availability of public parking and access ways, including funding for such improvements.(m) Maintaining the public beach. Local governments shall prohibit beach maintenance activities unless maintenance activities will not materially weaken dunes or dune vegetation or reduce the protective functions of dunes. Local governments shall prohibit beach maintenance activities which will result in the significant redistribution of sand or which will significantly alter the beach profile or the line of vegetation. All sand moved or redistributed due to beach maintenance activities shall be returned to the area between the line of vegetation and mean high tide. The General Land Office encourages the removal of litter and other debris by handpicking or raking and strongly discourages the use of machines (except during peak visitation periods which disturb the natural balance of gains and losses in the sand budget and the natural cycle of nutrients.(n) Request for temporary approval of seaweed relocation. During an extraordinary seaweed landfall event, a local government may submit a written request to the General Land Office for approval to relocate seaweed.(1) Approval to relocate seaweed may be requested in areas where:(A) the beach is restricted by an erosion response structure;(B) the erosion response structure prevents the reasonable employment of GLO approved routine seaweed maintenance practices, and(C) the use of routine seaweed maintenance practices in such areas would significantly restrict or impair public beach access and use.(2) The General Land Office will review each request to determine whether a seaweed landfall event is extraordinary and if it impairs or restricts public beach access and use. The General Land Office will evaluate any proposed seaweed management activities for consistency with the Open Beaches Act, the Dune Protection Act, and the Beach/Dune rules. The General Land Office's approval will be valid for up to 120 days. The request must include a comprehensive seaweed management plan that, at a minimum, provides the following items:(A) a description of how the seaweed event is extraordinary, including supporting documentation, such as color photographs;(B) information justifying how routine maintenance practices cannot be reasonably employed without restricting or impairing public beach access and use during the seaweed landfall event;(C) a complete description of the geographic scope of proposed seaweed management activities, including a map or site plan which identifies the line of vegetation in relation to the seaweed placement area;(D) a complete description of the proposed seaweed management activities, expected schedule of activities, and why other alternatives are not practicable;(E) a detailed description of how the proposed seaweed management activities will not materially affect the beach profile, public beach access and use, dunes and dune vegetation, dune hydrology, or beach erosion;(F) a detailed description of how the seaweed management activities will not result in significant or permanent removal of sand from the beach and dune system;(G) a description of the equipment to be used;(H) a comprehensive dune mitigation plan, if dunes or dune vegetation will be adversely affected;(I) information describing how wildlife will be avoided and a copy of the wildlife monitor's certificate or a certification that a monitor is not required; and(J) a description of any coordination with applicable local, state, and federal agencies that will be required.(3) Within 60 days after the expiration of the approved seaweed management plan, the local government must assess the impacts of the seaweed management activities, and provide the General Land Office with a detailed assessment report describing any benefits or challenges with implementing the activities employed and any affects those activities had on the beach profile, public beach access and use, dunes and dune vegetation, dune hydrology, beach erosion, and any mitigation activities conducted.(o) Prohibitions on signs. A local government shall not cause any person to display or cause to be displayed on or adjacent to any public beach any sign, marker, or warning, or make or allow to be made any written or oral communication which states that the public beach is private property or represent in any other manner that the public does not have the right of access to and from the public beach or the right to use the public beach as guaranteed by this subchapter, the Open Beaches Act, and the common law right of the public. Source Note: The provisions of this §15.7 adopted to be effective February 17, 1993, 18 TexReg 661; amended to be effective April 16, 1996, 21 TexReg 3004; amended to be effective January 31, 2010, 35 TexReg 489; amended to be effective June 10, 2015, 40 TexReg 3570; amended to be effective May 8, 2023, 48 TexReg 2343; amended to be effective February 11, 2024, 49 TexReg 717. 1 GENERAL LAND OFFICE 15 COASTAL AREA PLANNING A MANAGEMENT OF THE BEACH/DUNE SYSTEM §15.7 Local Government Management of the Public Beach https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213590&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 213590 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213590&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 213590 03/11/2026 (a) Eligibility. Local governments shall not initiate or amend a beach user fee unless the governing body of the local government with jurisdiction over the area subject to the fee has a state approved dune protection and beach access plan.(b) Reciprocity of fees. Within each county, local governments are required to establish a state-approved system for reciprocity of fees and fee privileges among the county and the different local governments authorized to charge beach user fees. The establishment of a system of beach user fee reciprocity shall be a condition of state approval of local dune protection and beach access plans.(c) Approval of beach user fees.(1) A local government shall not impose a fee or charge for the exercise of the public right of access to and from public beaches. A local government may charge beach users a fee in exchange for providing beach-related services to beach users in general.(2) The General Land Office will only approve a beach user fee if the fee is reasonable taking into account the cost to the local government of providing public services and facilities directly related to the public beach. A reasonable fee is one that recovers the cost of providing and maintaining beach-related services. In addition, any fee collected for off-beach parking to provide access to and from the public beach is considered a beach user fee.(3) Local governments shall not impose a beach user fee which:(A) exceeds the necessary and actual cost of providing reasonable beach-related public facilities and services;(B) unfairly limits public use of and access to and from public beaches in any manner;(C) is inconsistent with this subsection or the Open Beaches Act; or(D) discriminates on the basis of residence.(d) Beach user fee plan. A local government that proposes a new or amended beach user fee shall first prepare and submit to the General Land Office for review and approval a plan that includes, at a minimum, the following information:(1) a description of the current beach access system within its jurisdiction demonstrated through evidence such as photographs, surveys, and statistics regarding the number of beach users;(2) a listing and description of all existing beach user fees charged by the local government and by all other local governments in the same county;(3) all legal authority for charging a beach user fee, including local ordinances that authorize the collection of existing beach user fees, and the proposed ordinances for a new or amended beach user fee;(4) an analysis and statement of how the proposed user fee is or is not consistent with state standards set forth in this subchapter for preserving and enhancing public beach access, including how the fee is non-discriminatory and how and where adequate free access will be maintained;(5) a detailed description of how the beach user fee is reasonable and how it relates to beach-related services such as beachfront amenities, vehicular controls and parking, and dune protection within the jurisdiction of the local government;(6) a report detailing the previous five years of beach user fee revenue and expenditures on beach-related services, if applicable;(7) an estimate of the projected beach user fee revenues and the expected budget for expenditures on beach-related services, including a description of how the projections and budget were determined, for the next five years;(8) a description of short-term and long-range goals relating to the collection and use of beach user fees and beach related services that will be provided;(9) a description of how access for persons with disabilities will be provided or enhanced;(10) a description of how the beach user fee will be collected and managed by the local government and an explanation of how the method of collection and management is consistent with the requirements of this chapter;(11) where appropriate, evidence of the cost to the local government of providing existing beach-related services and how the proposed beach user fee will maintain or enhance those or additional beach-related services; and(12) any other information required for the General Land Office to determine if the fee is reasonable.(e) General Land Office approval and certification of beach user fees. A local government shall not impose a beach user fee or amend an existing beach user fee that is inconsistent with the beach user fee portion of its dune protection and beach access plan. To receive General Land Office approval for initiating its beach user fee plan or amending a beach user fee, a local government shall submit its beach user fee plan to the General Land Office no later than 90 days prior to any local government action on the beach user fee. The General Land Office shall certify whether the initiation or amendment of a beach user fee is consistent with this subchapter and the Open Beaches Act, as provided in §15.3(o) of this title (relating to Administration).(f) Beach user fee revenues. Revenues from beach user fees may be used only for beach-related services, as defined in §15.2 of this title (relating to Definitions). For each fiscal year, a local government shall not spend more than 10% of beach user fee revenues on reasonable administrative costs. Administrative costs must be directly related to providing support for beach-related services, such as accounting, record keeping, some personnel services, insurance, and office costs such as rent, utilities and supplies.(g) Recordkeeping and Reporting. Each local government shall send quarterly reports to the General Land Office on the collection and expenditures of its beach user fees.(1) The quarterly report must state the amount of beach user fee revenues collected and itemize itemizing how beach user fee revenues are expended. The General Land Office, at its own discretion, may prescribe reporting forms or methods. Reports are due no later than 60 days after the end of each quarter of the State fiscal year. The General Land Office may request additional information, as appropriate, to evaluate a local government's compliance with these rules and the local government's beach user fee plan.(2) Documentation sufficient to substantiate the proper collection and expenditure of beach user fees must be maintained by the local government. Such documents may include, but are not limited to, records of equipment use, payroll records, invoices, contracts, and proof of payment. Substantiating documentation must be kept by the local government for four years following the date the fees are spent. Documentation substantiating the collection or expenditures of beach user fees must be provided to the GLO within 10 working days of the local government's receipt of the request.(h) Beach user fee accounts. Local governments shall use the following methods for administering beach user fee accounts.(1) Beach user fee revenues shall be maintained and accounted for so that fee collections can be directly traced to expenditures on beach-related services. Beach user fee revenues shall not be commingled with any other funds. Each beach user fee revenue shall be maintained in separate revenue accounts, or be separately tracked in the local governments accounting system.(2) Beach user fee revenues shall be maintained in a separate revenue account and documented in a separate financial statement for each beach user fee or shall have a unique revenue code and be documented.(3) Beach user fee revenue account balances and expenditures shall be documented according to generally accepted accounting principles.(i) The General Land Office shall suspend the local government's privilege to collect fees and shall revoke approval of any pertinent section of a dune protection and beach access plan if the beach user fee revenues have been spent on services which are not beach-related services.(j) Free beach access. Local governments that collect a beach user fee for on-beach parking or for off-beach parking for beach access shall maintain free public beach access by providing areas where no fee is charged for reasonably accessible parking on or off the beach and for pedestrian access in proximity to each area where a beach user fee is charged.(k) Access for persons with disabilities. Local governments shall establish, preserve, and enhance access for persons with disabilities as provided by law, including §15.7(h)(5) of this title (relating to Local Government Management of the Public Beach). The General Land Office may provide guidance recommending additional measures to preserve and enhance access for persons with disabilities. Provisions for access for persons with disabilities shall be included in local government dune protection and beach access plans.(l) Identification of fee and non-fee areas. For any local government collecting a beach user fee for on-beach parking, both fee and non-fee beach areas shall be conspicuously marked with signs that clearly indicate, at a minimum, the location of both the fee and non-fee areas and the identity of the local government collecting the fee. In addition, maps identifying fee and non-fee areas shall be provided to the public by any local government collecting a beach user fee.(m) Coordination with other beach-related plans. The beach user fee plan shall be a part of a local government's beach access and use plan required under the Open Beaches Act, §61.015, any vehicular control plan required under the Open Beaches Act, §61.022, and any dune protection program required under the Texas Natural Resources Code, Chapter 63. The General Land Office requires local governments to combine and integrate these various plans. Source Note: The provisions of this §15.8 adopted to be effective February 17, 1993, 18 TexReg 661; amended to be effective April 16, 1996, 21 TexReg 3004; amended to be effective January 31, 2010, 35 TexReg 489; amended to be effective May 8, 2023, 48 TexReg 2343. 1 GENERAL LAND OFFICE 15 COASTAL AREA PLANNING A MANAGEMENT OF THE BEACH/DUNE SYSTEM §15.8 Beach User Fees https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213591&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 213591 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213591&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 213591 03/11/2026 (a) Penalties.(1) Civil Penalties.(A) In addition to any penalties assessed by a local government, any person who violates either the Dune Protection Act, the Open Beaches Act, this subchapter, a removal order issued pursuant to subsection (b) of this section, a restoration order issued pursuant to subsection (c) of this section, or a permit or certificate condition is liable for a civil penalty of not less than $50 nor more than $2000 per violation per day as provided in the Dune Protection Act, §63.181(b) and the Open Beaches Act, §61.018(c). Each day the violation occurs or continues constitutes a separate violation. Violations of the Dune Protection Act, the Open Beaches Act, and the rules adopted pursuant to those statutes are separate violations, and the General Land Office may assess separate penalties. The assessment of penalties under one Act does not preclude another assessment of penalties under the other Act for the same act or omission. Conversely, compliance with one statute and the rules adopted thereunder does not preclude the General Land Office from assessing penalties under the other statute and the rules adopted pursuant to that statute.(B) A local government may recover civil penalties in a suit by a county attorney, district attorney, or criminal district attorney as authorized in the Dune Protection Act, §63.181(a), and the Open Beaches Act, §61.018(b).(2) Administrative Penalties.(A) Any person who violates the Dune Protection Act, the Open Beaches Act, this subchapter, or a permit or certificate condition is also liable to the General Land Office for an administrative penalty of not less than $50 nor more than $2000 per violation per day as provided in the Dune Protection Act, §63.1811, and the Open Beaches Act, §61.0181. Provided, however, if a structure that is the subject of an administrative penalty assessed pursuant to the Open Beaches Act, §61.0181, has been used as a permanent, temporary, or occasional residential dwelling by at least one person during the year before the date on which the penalty is assessed, the amount of the administrative penalty may not exceed $1000 per day the violation occurs or continues.(B) Administrative penalties assessed by the Commissioner of the General Land Office (commissioner) as part of an order pursuant to the Dune Protection Act or the Open Beaches Act are subject to the notice, orders, and hearing requirements outlined in subsections (b) - (d) of this section, respectively. In determining the amount of the administrative penalty for violations of the Dune Protection Act and the Open Beaches Act, the General Land Office will consider the following:(i) the seriousness of the violation, including the nature, circumstances, extent, and gravity of the violation and the hazard or damage caused thereby;(ii) the degree of cooperation and quality of response;(iii) the degree of culpability and history of previous violations by the person subject to the penalty;(iv) the amount of penalty necessary to deter future violations; and(v) any other matter justice requires.(3) Local governments are included in the definition of "person" in §15.2 of this title (relating to Definitions), and as such, they are liable for penalties for any violations of this subchapter, the Dune Protection Act, and the Open Beaches Act. A local government will be liable for penalties for such violations, including, but not limited to, failure to submit a dune protection and beach access plan to the General Land Office; failure to maintain and enforce its plan; and failure to implement the plan. These violations are in addition to any other violations of this subchapter for which a local government may be liable for penalties.(4) The provisions of this section are cumulative of all other civil and administrative penalties, remedies, and enforcement and liability provisions.(5) In determining whether the assessment of penalties is appropriate, the General Land Office will consider the following mitigating circumstances: acts of God, war, public riot, or strike; unforeseeable, sudden, and natural occurrences of a violent nature; and willful misconduct by a third party not related to the permittee or person responsible for the violation by employment or contract.(b) Administrative Penalties and Restoration for Damage, Destruction, or Removal of Dunes or Dune Vegetation.(1) Pursuant to the Dune Protection Act, §63.1813, the commissioner may order restoration or contract for restoration for damage, destruction, or removal of a sand dune or a portion of a sand dune or the killing, destruction, or removal of any vegetation growing on a sand dune seaward of the dune protection line or within a critical dune area in violation of the Dune Protection Act, this subchapter, or any rule, permit, or order issued under the Dune Protection Act.(2) A person is considered to be engaging in or to have engaged in conduct that violates the Dune Protection Act or any rule, permit, or order issued under this Act if the person is the person who most recently owned, maintained, controlled, or possessed the real property on which the conduct occurred.(3) A person damages a dune or dune vegetation when the conduct results in the destruction or removal of a dune or dune vegetation or weakens a dune or dune vegetation by increasing the potential for flood damage, washovers or blowouts; changing runoff or drainage patterns that aggravate erosion on or off the site; or may result in adverse effects to dune hydrology and dune complexes or dune vegetation.(4) After issuance of a notice of violation under Texas Natural Resources Code, §63.1814, a person must request a hearing to contest the commissioner's findings or initiate restoration by filing an application for a dune protection permit with the local government with jurisdiction in the area in which the violation occurred within 60 days after service of the notice of violation. The permit application must address any technical specifications and monitoring requirements described in the commissioner's notice of violation.(5) If the person fails to apply for a permit and complete restoration as required by this section or make a timely written request for a hearing, the commissioner may order restoration, assess restoration costs, fees and expenses, impose an administrative penalty, or use any combination of these remedies. The order may specify the technical specifications for restoration and monitoring requirements.(6) Notice, Orders, and Hearings.(A) When the commissioner has determined that damage, destruction, or removal of dunes or dune vegetation is a violation of the Dune Protection Act, §63.091 or any rule, permit, or order issued under the Dune Protection Act, the commissioner must give written notice to the person that is taking or has taken actions that violate the Dune Protection Act, 63.091 or any rule, permit, or order issued under the Dune Protection Act. The notice must state:(i) the specific conduct that violates the Dune Protection Act, this subchapter, or any permit or order issued under the Dune Protection Act;(ii) that the person who has engaged in or has been engaged in the conduct that violates the Dune Protection Act, this subchapter, or any permit or order issued under the Dune Protection Act must perform restoration for the damage caused by the violation not later than the 60th day after the day the notice is served;(iii) that failure to perform restoration for the damage caused by the violation may result in a liability for a civil penalty under the Dune Protection Act, §63.0181(b) in an amount specified, restoration contracted or undertaken by the commissioner, and liability for the costs of restoration, or any combination of those remedies; and(iv) that the person who is engaging in or has engaged in conduct that violates the Dune Protection Act or any rule, permit, or order under the Dune Protection Act may submit, not later than the 60th day after the date on which the notice is served, a written request for a hearing to contest the commissioner's findings.(B) The notice required by this subsection must be given in accordance with subsection (d) of this section.(7) If the person who is engaged in or has been engaged in conduct that violated the Dune Protection Act, §63.091 or any rule, permit, or order issued under the Dune Protection Act does not pay assessed administrative penalties, mitigation costs, other assessed fees and expenses, or file an application for a dune protection permit on or before the 60th day after the date of entry of a final order assessing the penalties, costs, and expenses, the commissioner may:(A) contract for restoration;(B) request that the attorney general institute civil proceedings to collect the penalties, costs of restoration, and other fees and expenses remaining unpaid; or(C) use any combination of the remedies prescribed by this section, or other remedies authorized by law, to collect the unpaid penalties, costs of restoration, and other fees and expenses assessed because of unauthorized conduct and its mitigation by the commissioner.(c) Administrative Penalties and Removal of Certain Structures, Improvements, Obstructions, Barriers, and Hazards on the Public Beach.(1) The commissioner may order the removal of a structure, improvement, obstruction, barrier, or hazard from a public beach or assess an administrative penalty in accordance with the Open Beaches Act, §§61.0181 - 61.0184 and this subsection. The term "structure" as used in this subsection has the meaning assigned in §15.2(67) of this title (relating to Definitions) and includes any improvement, obstruction, barrier or hazard on the public beach.(2) For the purposes of this subsection, a person is considered to be the person who owns, maintains, controls, or possesses a structure or other encroachment on the public beach for the purposes of this subsection if the person is the person who most recently owned, maintained, controlled, or possessed the structure or other encroachment on the public beach.(3) The commissioner may conduct an evaluation to determine if grounds for removal of a structure exist pursuant to the Open Beaches Act, §61.0183. The evaluation will include:(A) a determination of whether the structure is located wholly or partially on the public beach in accordance with §15.3(b) of this title (relating to Administration).(B) if the structure is determined to be located on the public beach, the evaluation will also include:(i) a determination as to whether the structure constitutes an imminent hazard to safety, health, or public welfare as provided in §15.15 of this title (relating to Criteria for Determining Health and Safety Hazards Associated with Structures on the Public Beach), or(ii) a determination as to whether the structure was constructed or placed on the beach in a manner that is inconsistent with the local government's beach access and use plan.(4) Before the commissioner orders the removal of a structure or imposes an administrative penalty, the commissioner must give written notice and an opportunity for hearing to the person who is constructing, maintaining, controlling, owning, or possessing the structure on the public beach in accordance with the Open Beaches Act, §61.0184 and the procedures outlined in paragraph (6) of this subsection. The person must forward a copy of the notice to any entity or individual holding a lien, mortgage or any other property interest in the structure and provide evidence of compliance with this requirement to the General Land Office within 10days of receiving the notice.(5) If the person fails to remove the structure or make a timely written request for a hearing, the commissioner may order the removal of the structure, assess removal costs, fees and expenses, impose an administrative penalty, or use any combination of these remedies.(6) Notice, Orders and Hearings.(A) Before the commissioner may order the removal of a structure, improvement, obstruction, barrier, or hazard under the Open Beaches Act, §61.0183, or impose an administrative penalty under the Open Beaches Act, §61.0181, the commissioner must provide written notice to the person who is constructing, maintains, controls, owns, or possesses the structure, improvement, obstruction, barrier, or hazard on the public beach. The notice must:(i) describe the specific structure that violates the Open Beaches Act or this subchapter;(ii) state that the person who is constructing, maintains, controls, owns, or possess the structure is required to remove the structure:(I) within a reasonable time specified by the commissioner if the structure is an imminent threat to public health, safety or welfare as provided in §15.15 of this title; or(II) not later than the 30th day after the date on which the notice is served if the structure was constructed or placed on the beach in a manner that is inconsistent with the local government's beach access and use plan; or(III) not later than the 90th day after the date on which the notice is served if the structure has been used as a permanent, temporary, or occasional residential dwelling by at least one individual at any time during the year preceding the date of the notice.(iii) state that the failure to remove the structure may result in liability for a civil penalty under the Open Beaches Act, §61.018(c) in an amount specified, removal of the structure by the commissioner, and liability for the costs of removal, or any combination of these remedies;(iv) state that the person may submit, not later than the 30th day after the date on which the notice is served, a written request for a hearing to contest the commissioner's findings. Provided, however, if the structure has been used as a permanent, temporary, or occasional residential dwelling by at least one individual at any time during the year before the date on which the notice is served, the person may submit, not later than the 90th day after the date on which the notice is served, a written request for a hearing. If the person does not make a timely request for a hearing, the person waives all rights to judicial review of the commissioner's findings or orders.(B) The notice given by this subsection must be given in accordance with subsection (d) of this section.(7) If the person does not comply with a removal order of the commissioner or pay assessed penalties, removal costs, or other assessed fees and expenses on or before the 30th day after the date of entry of the final order, the commissioner may:(A) contract for removal and disposal of the structure;(B) sell salvageable parts of the structure to offset costs of removal;(C) request that the attorney general institute civil proceedings to collect the penalties, costs of removal, and other fees and expenses assessed because of the structure's placement on the public beach and the removal order by the commissioner; or(D) use any combination of remedies prescribed by this subsection, or other remedies authorized by law, to collect the unpaid penalties, costs of removal, and other fees and expenses assessed because of the structure's placement on the public beach and the removal order by the commissioner.(d) Notice of Violation and Hearing Requirements.(1) Before the commissioner may order restoration or removal of a structure or assess administrative penalties under this section, the commissioner must give written notice and an opportunity to request a hearing to the person charged with the violation.(2) The notice required by this subsection must be given:(A) by service in person, by registered or certified mail, return receipt requested, or by priority mail; or(B) if personal service cannot be obtained or the address of the person is unknown, by:(i) electronic mail if the electronic mail address is verifiable; or(ii) posting a copy of the written notice at the site where the conduct was engaged in and by publishing notice in a newspaper with general circulation in the county in which the site is located at least two times within 10 consecutive days.(3) If the person requests a hearing, the commissioner must grant the hearing before an administrative law judge employed by the State Office of Administrative Hearings as provided in the Dune Protection Act, §63.1814 and the Open Beaches Act, §61.0184(g).(4) The right to appeal an order is subject to Dune Protection Act, §63.151, and the Open Beaches Act, §61.0184(h). Source Note: The provisions of this §15.9 adopted to be effective February 17, 1993, 18 TexReg 661; amended to be effective January 31, 2010, 35 TexReg 489; amended to be effective May 8, 2023, 48 TexReg 2343. 1 GENERAL LAND OFFICE 15 COASTAL AREA PLANNING A MANAGEMENT OF THE BEACH/DUNE SYSTEM §15.9 Enforcement, Penalties and Remedial Orders https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213592&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 213592 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213592&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 213592 03/11/2026 (a) A local government's ordinances, orders, resolutions, or other enactments covered by this subchapter shall be read in harmony with this subchapter. If there is any conflict between them which cannot be reconciled by ordinary rules of legal interpretation, this subchapter controls. Certification of a local government's beach access and use plan by the General Land Office may not be construed to expand or detract from the statutory or constitutional authority of that local government or any other governmental entity, nor may any person construe such certification to authorize a local government or any other governmental entity to alienate public property rights in public beaches.(b) Boundary of the public beach. The commissioner shall make determinations on issues related to the location of the boundary of the public beach and encroachments on the public beach pursuant to the requirements of the Open Beaches Act, §§61.016 - 61.017 and §15.3(b) of this title (relating to Administration) and §15.12(e) of this title (relating to Temporary Orders Issued by the Land Commissioner). The General Land Office and the local governments may refer enforcement cases to the attorney general whenever questions of encroachment and boundaries arise with respect to the public beach.(c) Public beach presumption. Except for beaches on islands or peninsulas not accessible by public road or ferry facility, in administering its plan a local government shall presume that any beach fronting the Gulf of Mexico within its jurisdiction is a public beach unless the owner of the adjacent land obtains a declaratory judgment otherwise under the Open Beaches Act, §61.019. That section provides that any person owning property fronting the Gulf of Mexico whose rights are determined or affected by this subchapter may bring suit for a declaratory judgment against the state to try the issue or issues.(d) Violations. A violation of any provision of this subchapter, a local government dune protection and beach access plan, or any permit or certificate or the conditions contained therein will subject a person to the potential assessment of administrative or civil penalties.(e) Reporting violations. Any local government with knowledge of a violation or a threatened violation of a permit, a certificate, its dune protection and beach access plan, the Dune Protection Act, the Open Beaches Act, or this subchapter shall inform the General Land Office of the violation(s) within 24 hours.(f) Withdrawal of plan certification. The General Land Office may withdraw certification of all or any part of a local government's dune protection and beach access plan if the local government does not comply with its plan, this subchapter, the Dune Protection Act, or the Open Beaches Act. Without further action by the General Land Office, a local government loses, by operation of law, the authority to issue permits or certificates authorizing construction within the geographic scope of this subchapter and the privilege to collect beach user fees if state agency certification of its dune protection and beach access plan is withdrawn.(g) Notice of withdrawal of plan certification. The General Land Office will notify the local government 60 days prior to withdrawing certification of the local government's plan. The local government may submit to the General Land Office any evidence demonstrating full compliance with its plan, this subchapter, the Dune Protection Act, and the Open Beaches Act. The General Land Office will consider the good faith efforts of any local government to immediately and fully comply with those laws during the 60-day period after the notification of intent to withdraw certification.(h) The provisions contained in this subchapter do not limit the authority of the General Land Office and the attorney general's office to enforce this subchapter, the Dune Protection Act, and the Open Beaches Act pursuant to the Texas Natural Resources Code, §63.181 and §61.018.(i) Appeals. The Dune Protection Act, §63.151, and the Open Beaches Act, §61.019, contain the provisions for appeals related to this subchapter. Source Note: The provisions of this §15.10 adopted to be effective February 17, 1993, 18 TexReg 661; amended to be effective April 16, 1996, 21 TexReg 3004; amended to be effective June 12, 2014, 39 TexReg 4482; amended to be effective May 8, 2023, 48 TexReg 2343. 1 GENERAL LAND OFFICE 15 COASTAL AREA PLANNING A MANAGEMENT OF THE BEACH/DUNE SYSTEM §15.10 General Provisions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213593&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 213593 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213593&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 213593 03/11/2026 (a) Purpose. The purpose of this section is to provide authority for local governments to issue permits or certificates for repairs to certain houses if any portion of the house is located seaward of the boundary of the public beach.(b) Definitions. In addition to the definitions contained in §15.2 of this title (relating to Definitions), the following words and terms shall have the following meanings:(1) Beach debris--Anything that is not native to the beach and beach/dune system, including, but not limited to, pilings, concrete, fibercrete, rebar, riprap, boulders, automobile parts, rubble mounds, damaged dune walkovers, garbage, septic systems, and other objects, that may pose a hazard to public health and safety and/or no longer serve the purpose for which they were originally intended.(2) Boundary of the public beach--The landward edge of the public beach, as described in §15.3(b) of this title (relating to Administration) or an order issued under §15.12(e) of this title (relating to Temporary Orders Issued by the Land Commissioner). For purposes of this section, the location of the natural line of vegetation shall be determined by the General Land Office on a case-by-case basis.(3) Habitable--The condition of the premises which permits the inhabitants to live free of serious hazards to health and safety.(4) House--A single or multi-family structure that serves as permanent, temporary, or occasional living quarters for one or more persons or families.(c) Eligible houses. To find a house eligible for a permit or certificate to make repairs under this section, the Land Office must determine that:(1) The line of vegetation establishing the boundary of the public beach has moved as a result of erosion or a meteorological event;(2) The house was located landward of the line of vegetation before the erosion or meteorological event occurred;(3) No portion of the house is located seaward of the boundary of coastal public land;(4) The house was not damaged more than 50 percent or destroyed as the result of a meteorological event; and(5) The house does not present an imminent threat to public health and safety.(d) For a house eligible under this section, a local government may issue a certificate or permit authorizing repair of an eligible house if the local government determines that the repair:(1) is solely to make the house habitable including reconnecting the house to utilities;(2) does not increase the footprint of the house;(3) does not include the use of impervious material, including, but not limited to, concrete or fibercrete, seaward of the boundary of the public beach;(4) does not include the construction of an enclosed space below the base flood elevation and seaward of the boundary of the public beach;(5) does not include the repair, construction, or maintenance of an erosion response structure seaward of the boundary of the public beach;(6) does not occur seaward of the boundary of coastal public land; and(7) does not include construction underneath, outside or around the house other than for reasonable access to or structural integrity of the house, provided that such repair does not create an additional obstruction to public use of and access to the beach.(e) Debris removal. Debris on the public beach creates a hazard to public health and safety and can threaten Gulf-facing properties. A local government shall coordinate with owners of eligible houses to remove personal property and beach debris related to the structure from the public beach and dune complex as soon as possible. The local government may require debris removal as a condition of the issuance of a certificate or permit under this section. All beach debris collected from the public beach shall be removed from the beach/dune system and disposed of in an appropriate landfill.(f) Sand placement. Only beach-quality sand may be placed underneath the footprint of an eligible house and in an area up to five feet seaward of the house, provided that the sand may not be placed seaward of mean high tide except as part of an approved beach nourishment project. The beach-quality sand must remain loose and unconsolidated and cannot be placed in bags or other formed containment. In addition, the beach-quality sand must be an acceptable mineralogy and grain size when compared to the sediments found in the beach/dune system. The use of clay or clayey material is not allowed.(g) Land Office review. A local government shall submit the certificate or permit application for repair of an eligible house under this section to the commissioner for review and determination of eligibility as provided in subsections (b)(2) and (c) of this section. If the commissioner does not object to or otherwise comment on the application within 10 working days of receipt of the application, the local government may act on the application. Local governments shall require that all permit and certificate applicants fully disclose in the application all items and information necessary for the local government to make an affirmative determination regarding a permit or certificate for repairs. Local governments may require more information, but they shall submit to the Land Office the following information:(1) the name, address, phone number, and, if applicable, electronic mail address of the applicant, and the name of the property owner, if different from the applicant;(2) a complete legal description of the tract and a statement of its size in acres or square feet including the location of the property lines and a notation of the legal description of adjoining tracts;(3) the floor plan, footprint or elevation view of the house identifying the proposed repairs;(4) photographs of the site which clearly show the current conditions of the site; and(5) an accurate map, site plan, plat, or survey of the site identifying:(A) the site by its legal description, including, where applicable, the subdivision, block, and lot;(B) the location of the property lines and a notation of the legal description of adjoining tracts, and the location of any roadways, driveways and landscaping that currently exist on the tract;(C) the location of any seawalls or any other erosion response structures on the tract and on the properties immediately adjacent to the tract;(D) the location of the house and the distance between the house and mean high tide, mean low tide, and the line of vegetation; and,(E) if known, the location and extent of any man-made vegetated mounds, restored dunes, fill activities, or any other pre-existing human modifications on the tract.(h) Monitoring. A local government is responsible for monitoring the repair of an eligible house under this section. A local government may conduct a monitoring program to study the effects of permitting repairs to an eligible house on the public's access to and use of the public beach. Expenses related to the monitoring program are considered beach-related services for the purpose of this subchapter.(i) Effect on actions for removal. This section does not create a property right of any kind in the littoral property owner. Houses eligible for repairs to maintain habitability under this section may also be encroachments on and interferences with the public beach easement. Except as provided in an unexpired temporary order issued by the commissioner under §61.085 of the Texas Natural Resources Code, the commissioner, the attorney general, a county attorney, district attorney, or criminal district attorney may file suit under Texas Natural Resources Code §61.018(a) to obtain a temporary or permanent injunction, either prohibitory or mandatory, to remove a house from the public beach without regard to whether the house is eligible for repairs under this section. Source Note: The provisions of this §15.11 adopted to be effective August 30, 2006, 31 TexReg 6777; amended to be effective June 12, 2014, 39 TexReg 4482; amended to be effective May 8, 2023, 48 TexReg 2343. 1 GENERAL LAND OFFICE 15 COASTAL AREA PLANNING A MANAGEMENT OF THE BEACH/DUNE SYSTEM §15.11 Repairs to Certain Houses Located Seaward of the Boundary of the Public Beach https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213594&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 213594 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213594&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 213594 03/11/2026 (a) Purpose. The purpose of this section is to provide standards and procedures after a meteorological event for the temporary suspension under §61.0185 of the Texas Natural Resources Code of enforcement of the prohibition against encroachments on and interferences with the public beach easement and suspension under §61.0171 of the Texas Natural Resources Code of line of vegetation determinations where the natural line of vegetation has been obliterated. This rule is promulgated under the authority of §61.011(d) of the Texas Natural Resources Code. (b) Definitions. In addition to the definitions contained in §15.2 of this title (relating to Definitions), the following words and terms, as used in this section, shall have the following meanings: (1) Beach debris--Anything that is not native to the beach and beach/dune system, as described in §15.11(b) of this title (relating to Repairs to Certain Houses Located Seaward of the Boundary of the Public Beach). (2) Boundary of the public beach--The landward edge of the public beach, as described in §15.3(b) of this title (relating to Administration) or this section, or an order issued under this section or §15.13 of this title (relating to Disaster Recovery Orders). (3) Habitable--The condition of the premises, as described in §15.11(b) of this title. (4) House--A single or multi-family structure, as described in §15.11(b) of this title. (c) Any order issued by the commissioner under subsection (d) or (e) of this section shall be: (1) posted on the General Land Office's Internet Web Site, www.glo.texas.gov; (2) published by the General Land Office as a miscellaneous document in the Texas Register; and: (3) filed by the General Land Office in the real property records of the county in which the structure is located if the order is for suspension of enforcement under subsection (d) of this section. (d) Orders suspending enforcement of the prohibition against encroachments on and interferences with the public beach easement. (1) An order for temporary suspension of enforcement under §61.0185 may be issued for a period of three years. While an order issued under this section is in effect, a local government may issue a certificate or permit authorizing repair of a house subject to the order if the local government determines that the repair: (A) is solely to make the house habitable including reconnecting the house to utilities; (B) does not increase the footprint of the house; (C) does not include the use of impervious material, including, but not limited to, concrete or fibercrete, seaward of the natural line of vegetation; (D) does not include the construction of an enclosed space below the base flood elevation and seaward of the natural line of vegetation; (E) does not include the repair, construction, or maintenance of an erosion response structure seaward of the natural line of vegetation; (F) does not occur seaward of the boundary of coastal public lands; and (G) does not include construction underneath, outside or around the house other than for reasonable access to or structural integrity of the house, provided that such repair does not create and additional obstruction to public use of and access to the beach. (2) Debris on the public beach creates a hazard to public health and safety and can threaten Gulf-facing properties. The GLO is responsible for clearing debris from the public beach in accordance with Texas Natural Resources Code, §61.067. While an order issued under this section is in effect, a local government with the duty to clean and maintain the public beach shall coordinate with the GLO and, where appropriate, littoral property owners to remove beach debris from the public beach as soon as possible. All beach debris collected from the public beach shall be removed from the beach/dune system and disposed of in an appropriate landfill. (3) While an order issued under this section is in effect, only beach-quality sand may be placed underneath the footprint of the house and in an area up to five feet seaward of the house. The beach-quality sand must remain loose and unconsolidated, and cannot be placed in bags or other formed containment. In addition, the beach-quality sand must be an acceptable mineralogy and grain size when compared to the sediments found in the beach/dune system. The use of clay or clayey material is not allowed. (4) While an order issued under this section is in effect, a local government shall submit the certificate or permit application for repair of a house under this section to the commissioner for review. If the commissioner does not object to or otherwise comment on the application within 10 working days of receipt of the application, the local government may act on the application. Local governments shall require that all permit and certificate applicants fully disclose in the application all items and information necessary for the local government to make an affirmative determination regarding a permit or certificate for repairs. Local governments may require more information, but they shall submit to the Land Office the following information: (A) the name, address, phone number, and, if applicable, electronic mail address of the applicant, and the name of the property owner, if different from the applicant; (B) a complete legal description of the tract and a statement of its size in acres or square feet including the location of the property lines and a notation of the legal description of adjoining tracts; (C) the floor plan, footprint, or elevation view of the house identifying the proposed repairs; (D) photographs of the site that clearly show the current conditions of the site; and (E) an accurate map, site plan, plat, or survey of the site identifying: (i) the site by its legal description, including, where applicable, the subdivision, block, and lot; (ii) the location of the property lines and a notation of the legal description of adjoining tracts, and the location of any roadways, driveways, and landscaping that currently exist on the tract; (iii) the location of any seawalls or any other erosion response structures on the tract and on the properties immediately adjacent to the tract; (iv) the location of the house and the distance between the house and mean high tide, mean low tide, and the line of vegetation; and (v) if known, the location and extent of any man-made vegetated mounds, restored dunes, fill activities, or any other pre-existing human modifications on the tract. (5) While an order issued under this section is in effect, a local government is responsible for monitoring the repair of the house under this section. Any permit or certificate issued by a local government under this order expires automatically on the date the order expires. Except as provided in §15.11 of the title, local governments may not issue permits or certificates for repairs to houses located on the public beach easement that are not subject to an order issued under this section. (e) Orders suspending line of vegetation determinations where the line of vegetation has been obliterated as a result of a meteorological event. (1) The commissioner may, by order, suspend action on conducting a line of vegetation determination for a period of up to three years from the date the order is issued if the commissioner determines that the line of vegetation was obliterated as a result of a meteorological event. (2) For the duration of the order, the public beach shall not extend inland further than 200 feet from the seaward line of mean low tide as established by a licensed state land surveyor. (3) While an order issued under this section is in effect, a local government may issue a certificate or permit based upon the boundary of the public beach. (4) Following the expiration of an order issued under this section, the commissioner shall make a determination regarding the line of vegetation in accordance with Texas Natural Resources Code, §61.016 and §61.017, taking into consideration the effect of the meteorological event on the location of the public beach easement. The commissioner may consult with the Bureau of Economic Geology of The University of Texas at Austin or a licensed state land surveyor and consider other relevant factors when making a determination under this subsection regarding the annual erosion rate for the area of beach subject to the order issued under this section. Source Note: The provisions of this §15.12 adopted to be effective November 23, 2003, 28 TexReg 10234; amended to be effective August 30, 2006, 31 TexReg 6777; amended to be effective June 12, 2014, 39 TexReg 4482; amended to be effective May 8, 2023, 48 TexReg 2343. 1 GENERAL LAND OFFICE 15 COASTAL AREA PLANNING A MANAGEMENT OF THE BEACH/DUNE SYSTEM §15.12 Temporary Orders Issued by the Land Commissioner https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213595&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 213595 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213595&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 213595 03/11/2026 (a) Purpose. This section provides procedures for the commissioner to adopt a disaster recovery order with temporary standards for stabilization and repair of structures and dune restoration during a period of recovery following a declared or natural disaster and to assist local governments in restoring beach access and dune protection. (b) Applicability. This section applies only to a local government with a local dune protection and beach access plan within a coastal county that has been included in a disaster declaration made by the governor under §418.014, Texas Government Code or in which a natural disaster has occurred, as determined by the commissioner. (c) Disaster recovery orders. The commissioner may issue a disaster recovery order pursuant to this section to authorize temporary standards for stabilization and repair of structures, dune restoration, and other minimum measures needed to mitigate for adverse effects to the public beach, public access points, and dune areas caused by a damaging declared or natural disaster. The temporary standards authorized by this section shall be effective for a period of two years from the date of the issuance of disaster recovery order by the commissioner, unless a shorter period of recovery is specified in the order. (1) The disaster recovery order shall identify the nature of the disaster, the name of the disaster and the time and location of landfall (if applicable), any coastal county or counties to which the order applies, the date of issuance, and the expiration date. The order is effective upon issuance by the commissioner. (2) Notice of the order issued under this section shall be: (A) posted on the General Land Office's (GLO) Internet website; (B) published by the GLO as a miscellaneous document in the Texas Register; and (C) sent to the governing body of a local government to which the order applies. (d) Conflict. The provisions of this section supplement the Beach/Dune Rules (§§15.1 - 15.12 of this title). However, if there is a conflict between this section and the provisions of the Beach/Dune Rules, this section applies. (e) Definitions. In addition to the definitions contained in §15.2 of this title (relating to Definitions), the following words and terms, as used in this section, shall have the following meanings: (1) Beach debris--Anything that is not native to the beach and beach/dune system, as described in §15.11(b) of this title (relating to Repairs to Certain Houses Located Seaward of the Boundary of the Public Beach). (2) Boundary of the public beach--The landward edge of the public beach, as described in §15.3(b) of this title (relating to Administration). For purposes of this section, the commissioner may provide local governments with a temporary standard that includes a demarcation of the landward boundary of the public beach based on the standards set forth in Texas Natural Resources Code Ch. 61 when issuing beachfront construction certificates and dune protection permits in locations where the line of vegetation has been severely damaged by the disaster that precipitated the recovery order. (3) Coastal county--Any Texas county with a Gulf-facing beach within its boundaries. (4) Declared disaster--An event declared to be a disaster by the governor under §418.014, Texas Government Code. (5) Habitable--The condition of a premises, as described in §15.11(b) of this title. (6) House--A single or multi-family structure, as described in §15.11(b) of this title. (7) Natural disaster--An event or force of nature that has catastrophic consequences, including, but not limited to, tropical storms, hurricanes, extreme high tides, tsunamis, earthquakes, tornadoes, and floods. (8) Recovery dune restoration--Those response measures that must be undertaken during a recovery period to construct a dune, repair a damaged dune, or stabilize an existing dune in order to minimize further threat or damage to coastal residents, structures and littoral property. (9) Recovery period--A period of time commencing with the issuance of a disaster recovery order under this section and ending with the expiration of the order, during which temporary standards for stabilization and repair of structures and dune restoration are in effect. (10) Recovery repair--Those actions that must be undertaken to render a structure habitable or to prevent further damage during the recovery period. The term "recovery repair" does not include reconnecting a house to utilities such as sewer, water, and electricity. Reconnection to such utilities may only be made in accordance with other applicable law or local ordinances. (11) Recovery stabilization--Those actions that must be undertaken to stabilize a residential structure that is subject to collapse or substantial further damage as a result of erosion or undermining caused by waves or currents of water exceeding normally anticipated cyclical levels during a period of recovery from a disaster. (12) Restoration Area--With respect to a dune restoration project on the public beach, an area extending to the line of vegetation as delineated by the commissioner in an order under this subsection or an order issued under §15.12(e) of this title (relating to Temporary Orders Issued by the Land Commissioner). (13) Shoreline protection project repairs--Those response measures that must be undertaken during a period of recovery from a disaster to repair an existing shoreline protection project to a condition that affords protection from subsequent storms or tidal events or prevents accelerated damage to littoral property. (f) Recovery repair and recovery stabilization of structures on the public beach. (1) A local government may issue a certificate or permit in accordance with this section for recovery repair and recovery stabilization of a structure that encroaches or may encroach on the public beach to the extent necessary to prevent an immediate threat to public health, safety, and welfare. (2) A local government may authorize construction of an enclosed space with breakaway or louvered walls at ground level that is consistent with the local dune protection and beach access plan and National Flood Insurance Program, if the foundation of the structure is intact. (3) A local government may grant authorization in accordance with this section for recovery repair of a residential structure that encroaches or may encroach on the public beach, but only if the structure is an eligible house under §15.11 of this title and is not subject to a pending enforcement action under this subchapter, the Open Beaches Act (Texas Natural Resources Code, Chapter 61), or the Dune Protection Act (Texas Natural Resources Code, Chapter 63). An enforcement action includes the filing of a suit in district court, the referral of a matter for enforcement to the attorney general or other public prosecutor, the initiation of an enforcement action by the commissioner, or the issuance of a citation by a local government for a violation of its dune protection and beach access plan. (4) A local government may authorize the placement of beach-quality sand underneath the footprint of an eligible house and in the area up to a distance of not more than five feet from the structure's footprint where necessary to prevent further erosion due to wind or water. The beach-quality sand must remain loose and cannot be placed in bags. (5) Clay or sandy clay may be placed to fill voids under the footprint of a residential structure seaward of the line of vegetation and beyond the footprint to the extent necessary to restore a natural angle of repose up to a distance of not more than five feet from the structure's footprint; provided, however, that clay or sandy clay used for this purpose must be covered with beach quality sand, where practicable, to a depth of at least 12 inches. Such actions are authorized in situations where protection of the land immediately seaward of a structure is required to prevent foreseeable undermining of habitable structures in the event of such erosion. (6) A local government may authorize the use of clay or sandy clay to fill voids in order to protect public infrastructure; provided, however, that clay or sandy clay sand used for this purpose must be covered with beach quality sand, where practicable, to a depth of at least 12 inches. (7) Beach-quality sand, clay, or sandy clay must not be placed seaward of mean high tide without the consent of the commissioner. (g) Authorized recovery dune restoration. (1) A local government may issue a certificate or permit for persons to construct clay core dunes and dunes created solely with beach quality sand landward of the public beach and seaward of the boundary of the public beach in the restoration area. A local government shall ensure that the restoration area shall follow the natural meander or migration of the post-storm boundary of the public beach. A local government may issue permits and certification to allow the restoration of dunes on the public beach only under the following conditions: (A) Restored dunes may be located farther seaward than the restoration area only to the limited extent necessary to minimize further damage to coastal residents and littoral property, provided such dunes shall not substantially restrict or interfere with the public use of the beach at normal high tide. (B) A local government shall not allow any person to restore dunes, even within the restoration area, if such dunes would effectively prohibit access to or use of the public beach at normal high tide. (2) Under no circumstances may sand or other materials be placed below mean high tide without the consent of the commissioner. (h) Authorized methods and materials for recovery dune restoration. A local government may allow the following methods or materials for recovery dune restoration: (1) Dune restoration methods or materials allowed in §15.7(e)(6) of this title (relating to Local Government Management of the Public Beach); (2) Clay core dunes; provided, that clay or sandy clay used for this purpose must be covered with beach-quality sand, to a depth of at least 24 inches, and such sand cover must be maintained; provided, if clay is exposed, it must be recovered with sand to maintain the minimum 24-inch cover or removed; and (3) Recovery dunes constructed under this section must not: (A) result in increased flooding to the site or adjacent property; (B) aggravate erosion; (C) result in adverse effects to dune hydrology; (D) increase the vulnerability to washouts or blowouts; or (E) interfere with the public's access to the beach at normal high tide.(4) A local government shall require persons using vegetation to restore dunes to use indigenous dune vegetation.(i) Review of dune protection line. A local government having the authority to set the dune protection line shall review the dune protection line within one year from the date of the disaster recovery order issued under this section rather than 90 days required under §15.3(k) of this title. All other requirements of §15.3(k) of this title shall apply. (j) Authorized beach access and dune protection measures. (1) In areas within 200 feet of the line of vegetation in an eroding area, the local government may: (A) use the landward toe of a restored dune for determining the area in which the use of fibercrete is allowed unless natural dunes form further landward. In eroding areas where there is no dune or the dune has been obliterated by the disaster that precipitated the order, the provisions of §15.6(f)(5) of this title (relating to Concurrent Dune Protection and Beachfront Construction Standards) apply until a restored dune has been established in the area as determined by a local government. (B) allow construction underneath, outside, or around the house that includes fibercrete or other materials necessary to restore reasonable access to a house for disabled persons; provided that such access existed prior to the disaster that is the subject of an order under this section. This provision also applies to a house that has become located on the beach or where there is no dune. (2) A local government may provide temporary access to beaches from off-beach parking areas by directing the public to the nearest existing pathways to minimize the effects on dunes and dune vegetation until dunes and walkovers are re-established or rebuilt. Temporary pathways shall be conspicuously marked as beach access paths. (3) A local government may, without a plan amendment, temporarily close beach access points damaged beyond repair or temporarily blocked by emergency shore protection projects to prevent damage to infrastructure. In order to comply with this rule a local government must notify the commissioner in writing of the temporary closure of such damaged beach access point within 10 calendar days and specify the duration of the closure. The local government must ensure that the period of limited beach access in that area does not exceed the duration of the disaster recovery order and must submit to the commissioner a timeline for amending the local plan or a remedy to restore access no later than six months prior to the expiration of the disaster recovery order issued under this section. (k) Shoreline protection project repairs. Except for the general prohibition on maintaining or repairing erosion response structures in §15.6(d) of this title, a local government may authorize repairs to an existing shoreline protection project, subject to the following limitations: (1) Repairs to existing shoreline protection projects may be permitted to minimize further damage to coastal residences and littoral property, provided the existing shoreline protection project does not substantially restrict or interfere with the public use and access of the beach at normal high tide; (2) A local government shall not authorize any person to repair a shoreline protection project that is located below the boundary of coastal public land; and (3) The existing shoreline protection project must conform to the policies of the General Land Office promulgated in §26.26(b) of this title (relating to Policies for Construction in the Beach/Dune System). (l) Prohibition on certain materials. A local government shall not allow any person to undertake dune restoration projects or temporary shoreline protection projects using any of the following methods or materials: (1) Materials such as bulkheads, riprap, concrete (including sprayed concrete), or asphalt rubble, building construction materials, and any non-biodegradable items; (2) Sediments containing the hazardous substances listed in Appendix A to §302.4 in Volume 40 of the Code of Federal Regulations, Part 302 in concentrations which are harmful to people, flora, and fauna as determined by applicable, relevant, and appropriate requirements for toxicity standards established by the local, state, and federal governments; or (3) Sand obtained by scraping or grading dunes, or from beaches in eroding areas. (m) Repair of sewage or septic systems. If the Texas Commission on Environmental Quality or its designated local authority, the Texas Department of State Health Services, or a local health department has made a determination that a sewage or septic system located on or adjacent to the public beach poses a threat to the health of the occupants of the property or public health, safety, or welfare, and requires removal of the sewage or septic system, the sewage or septic system shall be located in accordance with §15.5(b)(1) of this title (relating to Beachfront Construction Standards) and §15.6(b) and (e)(1) of this title.(n) Authorized beach maintenance practices. If a material change in conditions occurs, such as significant beach erosion caused by a declared or natural disaster, the commissioner may require a local government affected by an order issued under this section to suspend the authority of a permittee to scrape a beach under a previously issued beach maintenance permit. The local government may require a permittee to obtain a new permit incorporating beach maintenance practices consistent with the changed conditions. The commissioner shall be given an opportunity to comment on any such new permit application. (o) Removal of beach debris. The GLO is responsible for clearing debris from the public beach in accordance with Texas Natural Resources Code, §61.067. While an order issued under this section is in effect, a local government with the duty to clean and maintain the public beach shall coordinate with the GLO and, where appropriate, littoral property owners to remove beach debris from the public beach as soon as possible. All beach debris collected from the public beach shall be removed from the beach/dune system and disposed of in an appropriate landfill. (p) GLO review. A local government shall submit the certificate or permit applications for recovery repair, recovery dune restoration, or any other activity authorized under this section to the commissioner for review. If the commissioner does not object to or otherwise comment on the application within 10 working days of receipt of an application, the local government may act on the application. Local governments shall require that all permit and certificate applicants fully disclose in the application all items and information necessary for the local government to make a determination regarding a permit or certificate for repairs. Local governments may require more information, but the following information shall be submitted to the GLO: (1) the name, address, phone number, and, if applicable, electronic mail address of the applicant, and the name of the property owner, if different from the applicant; (2) a complete legal description of the tract and a statement of its size in acres or square feet including the location of the property lines and a notation of the legal description of adjoining tracts; (3) the floor plan, footprint or elevation view of the house identifying the proposed repairs; (4) color photographs of the site which clearly show the current conditions of the site; and (5) an accurate map, site plan, plat, or survey of the site identifying: (A) the site by its legal description, including, where applicable, the subdivision, block, and lot; (B) the location of the property lines and a notation of the legal description of adjoining tracts, and the location of any roadways, driveways and landscaping that currently exist on the tract; (C) the location of any seawalls or any other erosion response structures on the tract and on the properties immediately adjacent to the tract; (D) the location of the house and the distance between the house and mean high tide, mean low tide, and the line of vegetation; (E) if known, the location and extent of any man-made vegetated mounds, restored dunes, fill activities, or any other pre-existing human modifications on the tract; and (F) if the proposed action includes a recovery dune restoration project, grading and layout plan identifying existing contours of the project area (including the location of dunes and swales), and proposed contours for final grade. (6) the source of any sand and vegetation used for a recovery dune restoration project; and; (7) any other information requested by the local government or the GLO that is necessary to determine whether the application is consistent with this section. (q) Monitoring. A local government is responsible for monitoring a recovery stabilization, recovery repair, recovery dune restoration project, or shoreline protection project repair under this section. A local government may conduct a monitoring program to study the effects of such projects on the public's access to and use of the public beach. Expenses related to the monitoring program are considered beach-related services for the purpose of this subchapter. (r) Effect on actions for removal. This section does not create a property right of any kind in the littoral property owner. Houses eligible for repairs to maintain habitability under this section may also be encroachments on and interferences with the public beach easement. Except as provided in an unexpired temporary order issued by the commissioner under §61.0185 of the Texas Natural Resources Code, the commissioner, the attorney general, a county attorney, district attorney, or criminal district attorney may file suit under Texas Natural Resources Code §61.018(a) to obtain a temporary or permanent injunction, either prohibitory or mandatory, to remove a house from the public beach without regard to whether the house is eligible for repairs under this section. Source Note: The provisions of this §15.13 adopted to be effective April 9, 2009, 34 TexReg 2239; amended to be effective June 12, 2014, 39 TexReg 4482; amended to be effective May 8, 2023, 48 TexReg 2343. 1 GENERAL LAND OFFICE 15 COASTAL AREA PLANNING A MANAGEMENT OF THE BEACH/DUNE SYSTEM §15.13 Disaster Recovery Orders https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=144113&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 144113 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=144113&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 144113 03/11/2026 (a) Determination that a Structure is not Insurable Property.(1) The Commissioner of the General Land Office (commissioner) may determine that a structure, improvement, obstruction, barrier, or hazard located on the public beach is not insurable property as defined in Texas Insurance Code, §2210.004, for purposes of obtaining windstorm insurance through the Texas Windstorm Insurance Program. The term "structure" as used in this section has the meaning assigned in §15.2(67) of this title (relating to Definitions) and includes any improvement, obstruction, barrier, or hazard on the public beach. The commissioner will conduct an evaluation to determine the insurable status of the property for purposes of Texas Insurance Code, §2210.004. The evaluation will include:(A) Coordination with the Texas Windstorm Insurance Association to determine if the structure is currently listed as insurable property.(B) A determination that the structure is wholly or partially on the public beach in accordance with §15.3(b) of this title (relating to Boundary of the Public Beach).(C) If the structure is determined to be located on the public beach, the evaluation will include:(i) a determination as to whether the structure constitutes an imminent hazard to safety, health, or public welfare as provided in §15.15 of this title (relating to Criteria for Determining Health and Safety Hazards Associated with Structures on the Public Beach), or(ii) a determination as to whether the structure substantially interferes with the free and unrestricted right of the public to enter or leave the beach or traverse any part of the public beach as provided in §15.16 of this title (relating to Criteria for Determining Substantial Interference with Access to and Use of the Public Beach by Structures on the Beach).(2) In accordance with Texas Natural Resources Code, §61.0184(b), the commissioner must serve written notice to a person who constructs, maintains, controls, owns, or possesses a structure on the public beach of the intent of the commissioner to notify the Texas Windstorm Insurance Association of the determination that the property is not insurable property for purposes of Texas Insurance Code, §2210.004, because of the factors listed in Subsection (h) of that section, effective upon the expiration of the current policy of windstorm insurance for the property that is the subject of the notice. The notice must include an opportunity for a hearing for the property owner under procedures outlined in subsection (b) of this subsection.(3) A person who does not request a hearing within 30 days after the date on which the notice is served waives all rights to judicial review of the commissioner's findings or orders.(b) Notice, Orders, and Hearings.(1) When the commissioner has determined that a structure is not insurable property for purposes of Texas Insurance Code, §2210.004,, the commissioner must give written notice regarding the status of the property to a person who constructs, maintains, controls, owns, or possesses the structure located on the beach. The notice will consist of the following:(A) The commissioner finds that a specific structure is located on the public beach, and(i) constitutes an imminent hazard to safety, health, or public welfare; and/or(ii) substantially interferes with the free and unrestricted right of the public to enter or leave the public beach or traverse any part of the public beach.(B) A statement that the commissioner intends to notify the Texas Windstorm Insurance Association of a determination that the structure is not insurable property for purposes of Texas Insurance Code, §2210.004, effective upon the expiration of the current policy of windstorm insurance for the property that is the subject of the notice; and(C) The person who constructs, maintains, controls, owns, or possesses the structure, improvement, obstruction, barrier, or hazard located on the public beach may submit, not later than the 30th day after the date on which the notice is served, written request for a hearing to contest the determination.(2) The notice required in paragraph (1) of this subsection must be given:(A) by service in person, by registered or certified mail, return receipt requested, or by priority mail; or(B) if personal service cannot be obtained or the address of the person responsible is unknown, by posting a copy of the notice on the structure, improvement, obstruction, barrier, or hazard and by publishing notice in a newspaper with general circulation in the county in which the property is located at least two times in ten consecutive days.(3) If the property owner requests a hearing, the commissioner must grant the hearing before an administrative law judge employed by the State Office of Administrative Hearings in accordance with the procedures outlined in the Open Beaches Act, §61.0184(g).(c) If the property owner fails to request a hearing to contest the commissioner's determination or the commissioner makes an affirmative decision after notice and hearing, the commissioner shall notify the Texas Windstorm Insurance Association that the property is not insurable property for purposes of Texas Insurance Code, §2210.004, because of the factors listed in Subsection (h) of that section. The notice to the Texas Windstorm Insurance Association may provide that the determination is effective upon the expiration of the current policy of windstorm insurance for the property that is the subject of the notice. Source Note: The provisions of this §15.14 adopted to be effective January 31, 2010, 35 TexReg 489. 1 GENERAL LAND OFFICE 15 COASTAL AREA PLANNING A MANAGEMENT OF THE BEACH/DUNE SYSTEM §15.14 Determination of Insurable Status of Structures on the Public Beach and Notification to Texas Windstorm Insurance Association https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=144114&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 144114 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=144114&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 144114 03/11/2026 (a) The term "structure" as used in this section has the meaning assigned in §15.2(67) of this title (relating to Definitions) and includes any improvement, obstruction, barrier, or hazard on the public beach.(b) In consideration of whether a structure on the public beach constitutes an imminent hazard to safety, health, or public welfare, the Commissioner of the General Land Office may consider public complaints, referrals from local government or state health and safety regulatory officials or site investigations by staff of the General Land Office that demonstrate the hazard to safety, health, or public welfare.(c) An imminent hazard to safety, health or public welfare exists if the condition of the structure creates a probability of an individual coming into contact with any part of the structure or its related components and injury, illness, or disability is reasonably certain as a result of that contact or the condition of the structure and its related components creates a public nuisance.(d) Examples of imminent hazards to safety, health, or public welfare include, but are not limited to:(1) leaking sanitary sewer or septic systems;(2) general unsanitary conditions;(3) damaged structures;(4) eroded foundations;(5) structures with protrusions;(6) debris on the beach, including material that is sharp or abrasive or that presents cutting, piercing, or tripping hazards;(7) improperly managed waste and unmarked liquids;(8) electrical shock hazards;(9) utility services not in compliance with local codes; and(10) interference with local government cleaning and maintenance activities, storm preparation and prevention, emergency response, or government erosion response projects. Source Note: The provisions of this §15.15 adopted to be effective January 31, 2010, 35 TexReg 489. 1 GENERAL LAND OFFICE 15 COASTAL AREA PLANNING A MANAGEMENT OF THE BEACH/DUNE SYSTEM §15.15 Criteria for Determining Health and Safety Hazards Associated with Structures on the Public Beach https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=144115&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 144115 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=144115&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 144115 03/11/2026 (a) The term "structure" as used in this section has the meaning assigned in §15.2(67) of this title (relating to Definitions) and includes any improvement, obstruction, barrier, or hazard on the public beach.(b) In determining whether a structure located on the public beach constitutes a substantial interference with the free and unrestricted right of the public to enter or leave the public beach or traverse any part of the public beach, the Commissioner of the General Land Office must find that the structure or its related components causes an actual interference with the right of the public. Interference includes any circumstance that hampers, hinders, infringes, disturbs, or creates, additional burden or cost on the exercise of the right of the public to enter or leave the public beach or traverse any part of the public beach.(c) Examples of substantial interference include, but are not limited to, circumstances where the structure or its related components:(1) cause pedestrian or vehicular traffic to negotiate through debris or beneath an elevated structure;(2) interfere with the use of special assistance devices or motorized vehicles on the public beach by disabled individuals;(3) interfere with construction or use of dune walkovers because access thereto is blocked by a structure on the public beach;(4) cause pedestrian or vehicular traffic to enter the water in order to traverse the beach at normal high tide;(5) cause delay for emergency response vehicles; and(6) cause increased costs for local governments in the cleaning and maintenance of the public beach. Source Note: The provisions of this §15.16 adopted to be effective January 31, 2010, 35 TexReg 489. 1 GENERAL LAND OFFICE 15 COASTAL AREA PLANNING A MANAGEMENT OF THE BEACH/DUNE SYSTEM §15.16 Criteria for Determining Substantial Interference with Access to and Use of the Public Beach by Structures on the Beach https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=147294&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 147294 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=147294&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 147294 03/11/2026 (a) Pursuant to the authority granted by Texas Natural Resources Code, §33.607, local governments must develop plans for reducing public expenditures for erosion and storm damage losses to public and private property, including public beaches. The Erosion Response Plan (ERP) should be prepared in consultation with the General Land Office and may include the following elements:(1) A building set-back line that will accommodate a shoreline retreat. The local government should consider the following criteria in establishing a building set-back line:(A) Historical erosion rates as determined by the University of Texas at Austin, Bureau of Economic Geology, or other source approved by the General Land Office;(B) The reference point for the setback line may be any one of the following:(i) The line of vegetation (LOV);(ii) Mean Low Tide;(iii) Mean High Tide; or(iv) The line depicted in a coastal boundary survey approved and filed as provided in Texas Natural Resources Code, §33.136;(C) The dune protection line (DPL). The building set-back line may not be located further landward than the DPL, which is established by a local government under the Dune Protection Act and updated as specified in §15.3(k) of this title (relating to Local Government Review of Dune Protection Line Location). The building set-back line must protect as much of the critical dune area as practicable.(2) A prohibition on new construction seaward of the building set-back line. The prohibition criteria should include at least the following minimum criteria:(A) To the maximum extent practicable, all structures should be constructed landward of the building set-back line.(B) Construction of structures landward of the building set-back line establishes a rebuttable presumption that the permittee has followed the mitigation sequence requirements for avoidance and minimization of effects on dunes and dune vegetation specified in §15.4(f) of this title (relating to Mitigation). However, the permittee is not exempt from compliance with compensatory mitigation requirements for unavoidable adverse effects on dunes and dune vegetation.(3) Consideration of exemptions. Local governments may consider exemptions from the prohibition of residential and commercial construction seaward of the building set-back line for:(A) properties for which the owner has demonstrated to the satisfaction of the local government that no practicable alternatives to construction seaward of the building set-back line exist. For purposes of this section, practicable means available and capable of being done after taking into consideration existing building practices, siting alternatives, and the footprint of the structure in relation to the area of the buildable portion of the lot, and considering the overall development scheme for the property;(B) properties for which construction is permitted under a dune protection and beach access plan establishing a building set-back line certified by the General Land Office prior to the effective date of this section; and(C) structures located seaward of the building set-back line prior to the effective date of this section for which modifications are sought that do not increase the footprint of the structure. However, structures seaward of the building set-back line that are damaged more than 50% or destroyed should be subject to this section before any repairs or reconstruction may be conducted.(4) Construction requirements for exempt properties. Where the local government allows an exemption from the prohibition for building seaward of the building set-back line, it should require the following conditions of construction:(A) plans and certifications for the structure by a registered professional engineer licensed in the State of Texas providing evidence of the following:(i) a minimum two-foot freeboard above base flood elevation (BFE);(ii) no enclosures below BFE;(iii) the adequacy of elevated building foundations and the proper placement, compaction, and protection of fill when used as construction for all newly constructed, substantially damaged, and substantially improved buildings elevated on pilings, posts, piers, or columns in accordance with the latest edition of specifications outlined in American Society of Civil Engineers, Structural Engineering Institute, Flood Resistant Design and Construction, ASCE 24-05;(iv) feasible relocation of any habitable structure; and(v) all construction is designed to minimize impacts on natural hydrology;(B) location of all construction should be landward of the landward toe of the foredune ridge, where practicable.(5) Procedures for preserving and enhancing the public's right of access to and use of the public beach from losses due to erosion and storm damage. The ERP should include the following:(A) evaluation of all areas of public access to determine those that require improved protection from erosion and storm surge;(B) evaluation of construction methods and design improvements for areas of beach access to reduce costs associated with repair, rebuild, or replacement due to storm damage and erosion;(C) list of goals and implementation schedules for areas of public access design improvements that prioritize short term (two years or less) and long term goals;(D) inventory all publicly funded existing amenities and access ways as a basis for qualifying for FEMA post-storm funding sources;(E) establishment of procedures based on subparagraphs (A) and (B) of this paragraph for conducting post-storm assessment and identifying requirements for rehabilitation which include:(i) inspection of beach access areas after meteorological events;(ii) compilation of a list of access points that no longer comply with the local government's approved dune protection and beach access plan and the Beach/Dune rules with a description of specific required repairs and replacements including, but not limited to parking, pedestrian and vehicular access ways, and signage; and(iii) schedules for access area repair and replacement based on available local funding and grant requests.(6) Procedures for preserving, restoring, and enhancing critical sand dunes for natural storm protection and conservation purposes. The ERP should include the following:(A) specific proposals for the height (above mean sea level), width (as measured perpendicular to the shoreline), and percent of vegetative cover of critical front row dunes necessary to protect public and private property from severe meteorological events. The minimum dune height should be based on at least 75% of the BFE height from mean sea level established by the National Flood Insurance Program Flood Insurance Rate Maps for the local area;(B) identification and listing of specific locations where restoration is needed to fill in gaps and blowouts in the foredune ridge;(C) specific proposals for dune revegetation projects, including the identification of native plant species to be used in these projects;(D) identification of enhanced dune protection measures for existing residences, multi-family structures and businesses. Establish dune protection measures which protect the landward side of the foredune ridge, which may include, but are not limited to:(i) use of native (indigenous) vegetation; and(ii) limitations on the use of fertilizer and mowing;(E) identification of specific goals and implementation schedules to meet the requirements outlined in subparagraphs (A) - (D) of this paragraph; and(F) identification of available funding and proposed grant requests to accomplish goals and implementation schedules for dune restoration.(7) Criteria for voluntary acquisition of property seaward of the building setback line. The local government may develop criteria for identifying properties with structures located entirely seaward of the building set-back line, providing for voluntary acquisition of fee simple title or a lesser interest in such properties, and procedures for prioritizing properties to be acquired.(b) Local governments must use historical erosion data and other relevant data from the State Coastal Erosion Response Plan in the preparation of local erosion response plans. The State Coastal Erosion Response Plan may be found at http://www.glo.state.tx.us/coastal/pubs.html#reports.(c) The local government must hold a public educational meeting on the ERP before implementation. The meeting may be held in conjunction with the formal hearing required for establishment of a new DPL, as outlined in §15.3(l) of this title (relating to Provisions for Public Hearings on Dune Protection Lines). If held separately from the hearing on a new DPL, the meeting must be advertised in the same manner outlined in §15.3(l) of this title.(d) The ERP must be submitted to the General Land Office for review and approval as a dune protection and beach access plan amendment following the procedures outlined in §15.3(o) of this title (relating to Submission of Local Government Plans to the General Land Office).(1) A local government's governing body must formally approve the ERP prior to submission to the General Land Office. The General Land Office must either grant or deny certification of the local government's ERP within 90 days from receipt, as outlined in §15.3(o) of this title. Certification will be based upon the following criteria:(A) If the local government adopts an ERP consistent with the provisions of this section, it is presumed that the plan will reduce public expenditures due to erosion and storm damage.(B) The local government may adopt an ERP with variances from this section, provided that the plan clearly demonstrates that the variances will reduce public expenditures due to erosion and storm damage losses. If the ERP includes a variance from other requirements or prohibitions of this chapter, the local government must provide a reasoned justification for the variance in accordance with §15.3(o)(6) of this title.(C) Construction prohibitions, exemptions, and requirements of the ERP should be incorporated into the local government procedures for reviewing and approving permit applications.(2) In the event of denial, the General Land Office must send the ERP back to the local government with a statement of specific objections and the reasons for denial of certification, along with suggestions for modifications. On receipt of the denial, the local government must revise and resubmit the ERP for General Land Office review in accordance with §15.3(o) of this title.(3) A local government implementing an ERP pursuant to this section must ensure that the ERP is consistent with other provisions of its dune protection and beach access plan through appropriate amendments and incorporate the ERP into the local government dune protection and beach access plan as a separate appendix that clearly identifies portions of the dune protection and beach access plan that implements the ERP. The ERP must be updated concurrent with each review of the DPL required in §15.3(k) of this title.(4) In order to be fully considered by the General Land Office for an expenditure from the coastal erosion response account (Account) pursuant to Texas Natural Resources Code, §33.605(b)(6)(B), a local government must adopt and submit the ERP or any amendments to the General Land Office for certification no later than December 31 immediately preceding the state fiscal biennium in which funding is sought. Provided, however, for consideration by the General Land Office for an expenditure from the Account in the state fiscal biennium beginning September 1, 2011, a local government must submit a draft ERP to the General Land Office no later than July 1, 2011. Source Note: The provisions of this §15.17 adopted to be effective August 31, 2010, 35 TexReg 7868. 1 GENERAL LAND OFFICE 15 COASTAL AREA PLANNING A MANAGEMENT OF THE BEACH/DUNE SYSTEM §15.17 Local Government Erosion Response Plans https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=104812&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 104812 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=104812&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 104812 03/11/2026 (a) Implementation of conditionally certified plans. Local governments are required to implement conditionally certified plans consistent with the Texas Natural Resources Code, Chapters 61 and 63, and the General Land Office rules for management of the beach/dune system, §§15.1 - 15.10 of this title (relating to Management of the Beach/Dune System).(b) Removal of conditions of certification.(1) Local governments shall submit their modified plans on or before the expiration of the 180-day time period. The General Land Office shall provide to the pertinent local government a determination as to the sufficiency of the modification(s) within 60 days of receipt of the plan. The General Land Office will remove all conditions of the plan's certification by amending the section in this subchapter that documents the status of the specific local government's plan. If the General Land Office determines that modifications of plans are insufficient, the General Land Office shall provide specific exceptions to the modifications. If those portions of the plan to which the General Land Office has noted exceptions can be addressed through further comment, plan revision and review, conditional certification will be reissued pursuant to a General Land Office amendment to the local government's section which documents the certification status of the local government's plan, subject to further plan modification.(2) In the event that a local government chooses not to modify its plan as requested in the General Land Office comments, the local government shall provide in writing the scientific or legal justification as to why such modifications are not feasible. The justification shall be submitted to the General Land Office on or before the due date of the revised plan. The justification will be reviewed by the General Land Office, and a determination as to the sufficiency of the justification will be provided to the local government within 60 days of receipt by the General Land Office. Local government plans shall continue in effect under conditional certification until the sufficiency of the justification is resolved or the section documenting the certification status of the local government plan is amended.(c) Withdrawal of conditional certification. Conditional certification of a local government plan shall be withdrawn by the General Land Office after the 180-day time period if the pertinent local government does not submit to the General Land Office either a formally adopted plan which has been modified consistent with General Land Office comments or the written scientific or legal justification as to why such modification is not feasible. In any event, withdrawal of conditional certification shall only occur after the General Land Office adopts an amendment withdrawing conditional certification to the section that documents the certification status of the local government plan, with accompanying specific reasons, and the General Land Office has given the pertinent local government written notice of the withdrawal of the conditional certification. Source Note: The provisions of this §15.21 adopted to be effective October 21, 2003, 28 TexReg 9075. 1 GENERAL LAND OFFICE 15 COASTAL AREA PLANNING A MANAGEMENT OF THE BEACH/DUNE SYSTEM §15.21 General Provisions on Certification of Local Government Dune Protection and Beach Access Plans https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211358&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 211358 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211358&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 211358 03/11/2026 (a) Brazoria County has submitted to the General Land Office a dune protection and beach access plan which is certified as consistent with state law. The County's plan was adopted on August 9, 1993, and amended on September 27, 1993, April 8, 2008, and July 3, 2012.(b) The General Land Office certifies as consistent with state law Brazoria County's Dune Protection and Beach Access Plan as amended by the Erosion Response Plan. The Erosion Response Plan was adopted by the County Court on July 3, 2012 in Order No. VIII.B.3.f.(c) The General Land Office certifies as consistent with state law Brazoria County's Dune Protection and Beach Access Plan as amended to provide for vehicular restrictions for pedestrian-only traffic along sections of the San Luis Pass County Park Beach and on-beach parking. The amendment was adopted by Brazoria County on April 23, 2013 in Order No. VII.B.2.f.(d) The General Land Office certifies as consistent with state law Brazoria County's Dune Protection and Beach Access Plan as amended to include traffic regulations for the operation and parking of vehicles adjacent to the water's edge, updates to the requirements for camping on the beach, revisions to the definition of litter, an update to the beach access roads included in the County's Plan, revisions to the paving requirements for eroding areas to reflect the current standards in 31 Texas Administrative Code Chapter 15, and various administrative changes. The amendments were adopted by Brazoria County on August 11, 2022, in Order No. 6.C.1. Source Note: The provisions of this §15.22 adopted to be effective October 21, 2003, 28 TexReg 9075; amended to be effective December 9, 2008, 33 TexReg 10040; amended to be effective March 7, 2013, 38 TexReg 1370; amended to be effective January 19, 2014, 39 TexReg 218; amended to be effective December 25, 2022, 47 TexReg 8276. 1 GENERAL LAND OFFICE 15 COASTAL AREA PLANNING A MANAGEMENT OF THE BEACH/DUNE SYSTEM §15.22 Certification Status of Brazoria County Dune Protection and Beach Access Plan https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=104814&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 104814 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=104814&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 104814 03/11/2026 Chambers County has submitted to the General Land Office a dune protection and beach access plan which is certified as consistent with state law. The county's plan was adopted on August 9, 1993. Source Note: The provisions of this §15.23 adopted to be effective October 21, 2003, 28 TexReg 9075. 1 GENERAL LAND OFFICE 15 COASTAL AREA PLANNING A MANAGEMENT OF THE BEACH/DUNE SYSTEM §15.23 Certification Status of Chambers County Dune Protection and Beach Access Plan https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160897&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 160897 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160897&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 160897 03/11/2026 (a) The City of Port Aransas has submitted to the General Land Office a dune protection and beach access plan which is certified as consistent with state law. The city's plan was adopted on February 15, 1995.(b) The General Land Office certifies as consistent with state law the amendment to the City of Port Aransas plan that was adopted by the City Council of the City of Port Aransas on February 17, 2005, Resolution No. 2005-06. The resolution amended the plan to increase the beach user fees imposed for parking on the beach in fee areas designated in the plan.(c) The General Land Office certifies as consistent with state law the amendment to the City of Port Aransas plan that was adopted by the City Council of the City of Port Aransas on August 16, 2012, Resolution No. 2012-07. The resolution amended the plan by adding the City of Port Aransas Erosion Response Plan as Attachment 8 to the plan. Source Note: The provisions of this §15.24 adopted to be effective October 21, 2003, 28 TexReg 9075; amended to be effective December 8, 2005, 30 TexReg 8174; amended to be effective March 3, 2013, 38 TexReg 1205. 1 GENERAL LAND OFFICE 15 COASTAL AREA PLANNING A MANAGEMENT OF THE BEACH/DUNE SYSTEM §15.24 Certification Status of City of Port Aransas Beach Dune Protection and Beach Access Plan https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=104816&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 104816 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=104816&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 104816 03/11/2026 The City of Port Arthur has submitted to the General Land Office a dune protection and beach access plan which is certified as consistent with state law. The city's plan was adopted on April 12, 1993. Source Note: The provisions of this §15.25 adopted to be effective October 21, 2003, 28 TexReg 9075. 1 GENERAL LAND OFFICE 15 COASTAL AREA PLANNING A MANAGEMENT OF THE BEACH/DUNE SYSTEM §15.25 Certification Status of City of Port Arthur Dune Protection and Beach Access Plan https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=104817&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 104817 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=104817&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 104817 03/11/2026 Jefferson County has submitted to the General Land Office a dune protection and beach access plan which is certified as consistent with state law. The county's plan was adopted on August 16, 1993 and amended on March 7, 1994. Source Note: The provisions of this §15.26 adopted to be effective October 21, 2003, 28 TexReg 9075. 1 GENERAL LAND OFFICE 15 COASTAL AREA PLANNING A MANAGEMENT OF THE BEACH/DUNE SYSTEM §15.26 Certification Status of Jefferson County Dune Protection and Beach Access Plan https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=162274&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 162274 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=162274&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 162274 03/11/2026 (a) Matagorda County has submitted to the General Land Office a dune protection and beach access plan which is certified as consistent with state law. The county's plan was adopted on February 13, 1995. The General Land Office certifies that the beach users fees section of the Matagorda County plan adopted by the Matagorda County Commissioners Court on March 15, 1999, is consistent with state law. The General Land Office certifies that the pedestrian beach at Matagorda Beach as established by amendments to the county's plan adopted by the Matagorda County Commissioners Court on October 20, 2003, is consistent with state law. The General Land Office certifies that the beach user fees as established by amendments to the county's plan adopted by the Matagorda County Commissioners Court on February 8, 2010, is consistent with state law.(b) The General Land Office certifies as consistent with state law Matagorda County's Dune Protection and Beach Access Plan as amended to incorporate the county's Erosion Response Plan. The Erosion Response Plan was adopted by Matagorda County on January 28, 2013 by Commission Order. Source Note: The provisions of this §15.27 adopted to be effective October 21, 2003, 28 TexReg 9075; amended to be effective March 28, 2004, 29 TexReg 2918; amended to be effective September 27, 2010, 35 TexReg 8761; amended to be effective June 23, 2013, 38 TexReg 3789. 1 GENERAL LAND OFFICE 15 COASTAL AREA PLANNING A MANAGEMENT OF THE BEACH/DUNE SYSTEM §15.27 Certification Status of Matagorda County Dune Protection and Beach Access Plan https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161341&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 161341 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161341&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 161341 03/11/2026 (a) The Town of Quintana has submitted to the General Land Office a dune protection and beach access plan which is certified as consistent with state law. The town's plan was adopted on August 11, 1993 and amended on August 13, 2012.(b) The General Land Office certifies as consistent with state law the Town of Quintana's Dune Protection and Beach Access Plan as amended to incorporate Brazoria County's Erosion Response Plan. The Erosion Response Plan was adopted by the Town of Quintana on August 13, 2012 by Resolution 2012-05. Source Note: The provisions of this §15.28 adopted to be effective October 21, 2003, 28 TexReg 9075; amended to be effective March 27, 2013, 38 TexReg 2016. 1 GENERAL LAND OFFICE 15 COASTAL AREA PLANNING A MANAGEMENT OF THE BEACH/DUNE SYSTEM §15.28 Certification Status of Town of Quintana Dune Protection and Beach Access Plan https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160764&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 160764 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160764&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 160764 03/11/2026 (a) The City of the Village of Jamaica Beach has submitted to the General Land Office a dune protection and beach access plan which is certified as consistent with state law. The City's plan was adopted on August 16, 1993 and amended December 6, 1993, September 17, 2007 and July 16, 2012.(b) The General Land Office certifies as consistent with state law the Erosion Response Plan for the City of the Village of Jamaica Beach as an amendment to the City's Dune Protection and Beach Access Plan. The Erosion Response Plan was adopted by the City Council on July 16, 2012. Source Note: The provisions of this §15.29 adopted to be effective October 21, 2003, 28 TexReg 9075; amended to be effective April 9, 2008, 33 TexReg 2823; amended to be effective February 20, 2013, 38 TexReg 987. 1 GENERAL LAND OFFICE 15 COASTAL AREA PLANNING A MANAGEMENT OF THE BEACH/DUNE SYSTEM §15.29 Certification Status of City of the Village of Jamaica Beach Dune Protection and Beach Access Plan https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176289&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 176289 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176289&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 176289 03/11/2026 (a) The City of South Padre Island has submitted to the General Land Office a dune protection and beach access plan (plan) which is certified as consistent with state law. The plan was adopted on October 5, 1994.(b) The General Land Office certifies that the amendment to the plan adopted by the Board of Aldermen on May 7, 2003, is consistent with state law.(c) The General Land Office further certifies that the amendment to the plan adopted by the Board of Aldermen as Ordinance No. 05-07 on May 4, 2005, is consistent with state law.(d) The General Land Office certifies that the amendment to the plan adopted by the City Council as Ordinance No. 12-09 on August 1, 2012, is consistent with state law. The Ordinance amended the plan by adding the City of South Padre Island Erosion Response Plan as an appendix to the plan.(e) The General Land Office certifies that the Beach User Fee and the Beach User Fee Plan adopted by the City Council in Ordinance Number 15-06 on May 20, 2015 is consistent with state law. The Plan adopts a Beach User Fee of up to $13.00 dollars a day and an annual fee of up to $50.00. Source Note: The provisions of this §15.30 adopted to be effective October 21, 2003, 28 TexReg 9075; amended to be effective October 27, 2005, 30 TexReg 6933; amended to be effective April 17, 2013, 38 TexReg 2374; amended to be effective February 2, 2016, 41 TexReg 802. 1 GENERAL LAND OFFICE 15 COASTAL AREA PLANNING A MANAGEMENT OF THE BEACH/DUNE SYSTEM §15.30 Certification Status of City of South Padre Island Dune Protection and Beach Access Plan https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160899&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 160899 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160899&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 160899 03/11/2026 (a) The City of Corpus Christi has submitted to the General Land Office a dune protection and beach access plan which is certified as consistent with state law. The city's plan was adopted on August 10, 1993.(b) The General Land Office certifies that the amendments to the city's plan adopted by the City Council on April 15, 2003, which includes the beach user fee section that was conditionally certified, are consistent with state law. Therefore, the General Land Office certifies that the entire plan is consistent with state law.(c) The General Land Office certifies as consistent with state law the amendment to the City of Corpus Christi plan that was adopted by the City Council on April 12, 2005, Ordinance No. 026208. The ordinance amended the plan to revise the beach user fee plan incorporated as Appendix XVII to provide an increase in the beach user fees imposed for parking on the beach in fee areas designated in the plan.(d) The General Land Office certifies as consistent with state law the amendments to City's 1993 Plan that were adopted by City Council on February 9, 2010, by Ordinance 028494. The ordinance amended the 1993 Plan to authorize restrictions on vehicular traffic on the Gulf beach seaward of portions of the Seawall, establishes a vehicle-free area when the distance between the toe of the Seawall to the water is less than 150 feet in width, allows two-way vehicular traffic on the Gulf beach between the northern end of the seawall and Padre Balli Park, establishes a vehicle-free area between the northern end of the Seawall and the Packery Channel jetty, commits the City Council to undertake efforts to restore and maintain the beach in front of the seawall to a minimum width of 200 feet, and adds an appendix to the City's 1993 Plan to show the approximate location of bollards to be installed on the beach.(e) The General Land Office certifies as consistent with state law the Joint Erosion Response Plan for Nueces County and the City of Corpus Christi as an amendment to City's plan. The Joint Erosion Response Plan for Nueces County and the City of Corpus Christi was adopted by the City Council on June 26, 2012 by Ordinance No. 029541. Source Note: The provisions of this §15.31 adopted to be effective October 21, 2003, 28 TexReg 9075; amended to be effective December 8, 2005, 30 TexReg 8174; amended to be effective December 21, 2010, 35 TexReg 11386; amended to be effective February 26, 2013, 38 TexReg 1207. 1 GENERAL LAND OFFICE 15 COASTAL AREA PLANNING A MANAGEMENT OF THE BEACH/DUNE SYSTEM §15.31 Certification Status of City of Corpus Christi Dune Protection and Beach Access Plan https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210015&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210015 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210015&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210015 03/11/2026 (a) Cameron County has submitted to the General Land Office a dune protection and beach access plan which is certified as consistent with state law. The county's plan was adopted on September 20, 1994.(b) The General Land Office certifies as consistent with state law the amendment to the Cameron County plan that was adopted by the Cameron County Commissioners' Court on August 29, 2006, Order No. 200608004. The order amended the plan to eliminate the 440-foot building line and to increase the beach user fees imposed for access to County beach parks and parking on the beach.(c) The General Land Office certifies as consistent with state law the amendment to the Cameron County plan that was adopted by the Cameron County Commissioners' Court on August 26, 2010 to increase the beach user fees imposed for access to County beach parks and parking on the beach.(d) The General Land Office certifies Cameron County's Dune Protection and Beach Access Plan, as amended, to provide for the closure of a beach and associated access points during space flight activities as consistent with state law. The amendment was adopted by Cameron County on August 15, 2013 in Order No. 201308020.(e) The General Land Office certifies as consistent with state law the Cameron County's Dune Protection and Beach Access Plan, as amended to incorporate Cameron County's Erosion Response Plan and other amendments. The amendments include an increase in the Beach User Fee and the addition of an Erosion Response Plan as an appendix to the Plan. The Erosion Response Plan and amendments were adopted by the Cameron County Commissioners' Court in Order No. 2018O12017 on December 11, 2018.(f) The General Land Office certifies as consistent with state law the Cameron County's Dune Protection and Beach Access Plan and Erosion Response Plan, as amended to include corrected size limits for curbs. The amendments were adopted by the Cameron County Commissioners Court on June 21, 2022. Source Note: The provisions of this §15.32 adopted to be effective October 21, 2003, 28 TexReg 9075; amended to be effective February 15, 2007, 32 TexReg 534; amended to be effective February 3, 2011, 36 TexReg 429; amended to be effective April 9, 2014, 39 TexReg 2575; amended to be effective August 25, 2019, 44 TexReg 4320; amended to be effective September 11, 2022, 47 TexReg 5337. 1 GENERAL LAND OFFICE 15 COASTAL AREA PLANNING A MANAGEMENT OF THE BEACH/DUNE SYSTEM §15.32 Certification Status of Cameron County Dune Protection and Beach Access Plan https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160900&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 160900 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160900&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 160900 03/11/2026 (a) Nueces County has submitted to the General Land Office a dune protection and beach access plan which is certified as consistent with state law. The county's plan was adopted on March 25, 1992 and amended on October 23, 1996.(b) The General Land Office certifies that the dune protection portion of the La Concha master plan adopted by the Nueces County Commissioners Court on March 20, 1996 is consistent with state law.(c) The General Land Office certifies that the dune protection portion of the Palms at Waters Edge master plan adopted by the Nueces County Commissioners Court on December 27, 1996, is consistent with state law.(d) The General Land Office certifies that the dune protection section of the Mustang Island Episcopal Conference Center master plan adopted by the Nueces County Commissioners Court on January 31, 2000 is consistent with state law.(e) The General Land Office certifies as consistent with state law the amendment to Nueces County plan that was adopted by the Nueces County Commissioners Court on March 16, 2005, Order No. 20050032. The order amended the plan to increase the beach user fees imposed for parking on the beach in fee areas designated in the plan.(f) The General Land Office certifies as consistent with state law the amendments to the Nueces County plan that were adopted by the Nueces County Commissioners Court on December 7, 2005.(g) The General Land Office certifies as consistent with state law the following variances from §15.6(f)(3) of this title (relating to Concurrent Dune Protection and Beachfront Construction Standards) in the County's plan as amended on December 7, 2005. The plan establishes special erosion and flood protection requirements for dune protection permits providing that a permittee shall:(1) locate residential and commercial structures permitted after May 2000 at least 350 feet landward of the vegetation line unless no practicable development alternatives are possible; and(2) restrict development permitted after May 2000 in the area between 350 feet and 200 feet landward of the vegetation line to recreational amenities such as pools and picnic areas. In any case, applicants must demonstrate that every attempt has been made to minimize use of impervious surfaces in this zone.(h) Compliance with the special erosion and flood protection requirements for dune protection permits specified in subsection (g) of this section establishes a rebuttable presumption that the permittee has followed the mitigation sequence requirements in §15.4(f) of this title for avoidance and minimization of effects on dunes and dune vegetation. The variance certified in subsection (g) of this section does not exempt a permittee from compliance with compensatory mitigation requirements for unavoidable adverse effects on dunes and dune vegetation.(i) The special erosion and flood protection requirements for dune protection permits specified in subsection (g) of this section shall not apply to a previously platted subdivision lot that was the subject of a prior dune protection permit, or that was part of a master planned development, the plans for which were previously approved and adopted by the Commissioners' Court, provided that the construction authorized by a new permit is consistent with the prior permit or master plan.(j) The special erosion and flood protection requirements for dune protection permits specified in subsection (g) of this section shall not apply to areas within the jurisdiction of the City of Port Aransas.(k) The General Land Office certifies as consistent with state law the amendments to the Nueces County plan that were adopted by the Nueces County Commissioners Court on July 14, 2010.(l) The General Land Office certifies as consistent with state law the Joint Erosion Response Plan for Nueces County and the City of Corpus Christi as an amendment to the Nueces County plan. The Joint Erosion Response Plan for Nueces County and the City of Corpus Christi was adopted by the Nueces County Commissioners Court on June 27, 2012. Source Note: The provisions of this §15.33 adopted to be effective October 21, 2003, 28 TexReg 9075; amended to be effective December 8, 2005, 30 TexReg 8174; amended to be effective May 28, 2007, 32 TexReg 2869; amended to be effective January 18, 2011, 36 TexReg 143; amended to be effective February 26, 2013, 38 TexReg 1208. 1 GENERAL LAND OFFICE 15 COASTAL AREA PLANNING A MANAGEMENT OF THE BEACH/DUNE SYSTEM §15.33 Certification Status of Nueces County Dune Protection and Beach Access Plan https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216678&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 216678 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216678&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 216678 03/11/2026 (a) The Village of Surfside Beach has submitted to the General Land Office a dune protection and beach access plan (Plan) which is certified as consistent with state law. The Plan was adopted on December 12, 2000 and amended on June 29, 2012.(b) The General Land Office certifies as consistent with state law the Village of Surfside Beach Plan as amended by the Brazoria County Erosion Response Plan. The Erosion Response Plan was adopted by the Village of Surfside Beach on June 29, 2012 by Resolution 06292012A.(c) The General Land Office certifies as consistent with state law the Village of Surfside Beach Plan as amended on December 9, 2014 by Ordinance No. 201414 to increase the Beach User Fee for an annual permit from $8.00 to $12.00.(d) The General Land Office certifies as consistent with state law the Village of Surfside Beach and Dune Plans as amended on September 29, 2015 by Ordinance No. 2015.9.28. The Plan amendments adopted include:(1) A variance from §15.5(b)(3) of this title (relating to Beachfront Construction Standards) and §15.6(f)(3) of this title (relating to Eroding Area Standards) which allows the use of fibercrete in four-foot by four-foot sections, four inches thick, separated by expansion joints to construct a driveway, provided that it is located more than one hundred (100) feet landward from the line of vegetation and is no greater than twenty (20) feet wide and does not exceed ten (10) percent of the lot square footage.(2) An annual Beach User Fee for parking along the beach-facing side of Beach Drive.(3) A restriction of 810 linear feet of vehicular access from Thunder Road to Jettyview Park with the provision of a minimum of 54 dedicated alternative parking spaces at Jettyview Park.(e) The General Land Office certifies that the Beach User Fee and the Beach User Fee Plan adopted by the City Council of the Village of Surfside Beach in Ordinance 2023-10-10 on October 10, 2023, is consistent with state law. The Plan adopts a Beach User Fee of up to $15.00 dollars a day and an annual fee of up to $30.00. The amendments also update the beach access section of the Plan. Source Note: The provisions of this §15.34 adopted to be effective October 21, 2003, 28 TexReg 9075; amended to be effective March 7, 2013, 38 TexReg 1371; amended to be effective March 2, 2015, 40 TexReg 936; amended to be effective May 25, 2016, 41 TexReg 3741; amended to be effective February 11, 2024, 49 TexReg 717. 1 GENERAL LAND OFFICE 15 COASTAL AREA PLANNING A MANAGEMENT OF THE BEACH/DUNE SYSTEM §15.34 Certification Status of Village of Surfside Beach Dune Protection and Beach Access Plan https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160902&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 160902 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160902&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 160902 03/11/2026 (a) Galveston County (County) has submitted to the General Land Office a dune protection and beach access plan, which was adopted on August 16, 1993, and amended on October 25, 2004, January 18, 2006 and August 7, 2012. The County's plan is certified as consistent with state law.(b) The General Land Office certifies as consistent with state law the following variances from §15.4(c)(10) of the this title (relating to Dune Protection Standards) in the County's plan. The plan prohibits the construction of cisterns, septic tanks, and septic fields seaward of any structure serviced by the cisterns, septic tanks, and septic fields, except that:(1) cisterns, septic tanks, and septic fields that are in existence prior to the effective date of the County's plan may be repaired or replaced;(2) cisterns, septic tanks, and septic fields that are located in subdivisions platted before the effective date of the County's plan and permitted before the effective date of the County's plan may be constructed, repaired, or replaced; and(3) cisterns, septic tanks, and septic fields that are located in subdivisions platted before the effective date of the County's plan may be constructed, repaired, or replaced in a location seaward of the structure they are to serve provided that the applicant shows that it is not practicable to locate the cisterns, septic tanks, and septic fields landward of the structure they are to serve.(c) The General Land Office certifies as consistent with state law Galveston County's ERP as an amendment to Galveston County's Plan. Galveston County's ERP was adopted by the Galveston County Commissioner's Court on August 7, 2012 by adding the ERP as Appendix 9 to Galveston County's Plan. Source Note: The provisions of this §15.35 adopted to be effective October 21, 2003, 28 TexReg 9075; amended to be effective September 13, 2006, 31 TexReg 7356; amended to be effective March 3, 2013, 38 TexReg 1208. 1 GENERAL LAND OFFICE 15 COASTAL AREA PLANNING A MANAGEMENT OF THE BEACH/DUNE SYSTEM §15.35 Certification Status of Galveston County's Beach Dune Protection and Beach Access Plan https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221393&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 221393 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221393&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 221393 03/11/2026 (a) The City of Galveston (City) has submitted to the General Land Office a dune protection and beach access plan which was adopted on August 12, 1993 and amended on February 9, 1995, June 19, 1997, February 14, 2002, March 13, 2003, January 29, 2004, February 26, 2004, and April 12, 2012. The City's plan is fully certified as consistent with state law.(b) The General Land Office certifies as consistent with state law the City's Erosion Response Plan as an amendment to the Dune Protection and Beach Access Plan.(c) The General Land Office certifies as consistent with state law the City's Beach and Dune Plan as amended on January 15, 2016 by Ordinance 16-003 to increase the daily beach user fee to a maximum of $15.00 and season passes to a maximum of $50 at Stewart Beach, R.A. Apffel Park, Dellanera Park, and Pocket Parks Nos. 1-3.(d) The General Land Office certifies as consistent with state law amendments to the City of Galveston's Dune Protection and Beach Access Plan as amended on January 24, 2019 by Ordinance No. 19-012. The amendments include an increase in the Beach User Fee on the Seawall, the adoption of updated maps in Exhibit B, and a variance for certain in-ground pools. The amendments were adopted by City Council in Ordinance No. 19-012 on January 24, 2019, which incorporated previously adopted Ordinance No. 18-005.(e) The General Land Office certifies as consistent with state law amendments to the City of Galveston's Dune Protection and Beach Access Plan in accordance with City Ordinance No. 24-059 dated October 2, 2024. The amendments include a variance for the use of reinforced concrete, prohibit vehicular access at Access Point 7, add additional vehicular beach access area at Access Point 13 and update the Beach Access and Parking Plan in Appendix A and Beach Access Maps in Exhibit C. Source Note: The provisions of this §15.36 adopted to be effective October 21, 2003, 28 TexReg 9075; amended to be effective July 20, 2004, 29 TexReg 6947; amended to be effective December 2, 2012, 37 TexReg 9367; amended to be effective June 23, 2016, 41 TexReg 4490; amended to be effective March 4, 2021, 46 TexReg 1381; amended to be effective November 7, 2024, 49 TexReg 8737. 1 GENERAL LAND OFFICE 15 COASTAL AREA PLANNING A MANAGEMENT OF THE BEACH/DUNE SYSTEM §15.36 Certification Status of City of Galveston Dune Protection and Beach Access Plan https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161342&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 161342 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161342&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 161342 03/11/2026 (a) The City of Freeport has submitted to the General Land Office a dune protection and beach access plan which is certified as consistent with state law. The county's plan was adopted by the City of Freeport's City Council Members by ordinance 2010-2263 on October 4, 2010 and amended on October 15, 2012.(b) The General Land Office certifies as consistent with state law the City of Freeport's Dune Protection and Beach Access Plan as amended to incorporate Brazoria County's Erosion Response Plan. The Erosion Response Plan was adopted by the City of Freeport on October 15, 2012 by Ordinance No. 2012-2027. Source Note: The provisions of this §15.37 adopted to be effective October 18, 2011, 36 TexReg 6962; amended to be effective March 27, 2013, 38 TexReg 2017. 1 GENERAL LAND OFFICE 15 COASTAL AREA PLANNING A MANAGEMENT OF THE BEACH/DUNE SYSTEM §15.37 Certification Status of City of Freeport Dune Protection and Beach Access Plan https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227234&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 227234 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227234&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 227234 03/11/2026 The City of Starbase (City) has submitted to the General Land Office a dune protection and beach access plan and erosion response plan, which was adopted by the City on September 25th, 2025. The City's plan is fully certified as consistent with state law. Source Note: The provisions of this §15.38 adopted to be effective December 25, 2025, 50 TexReg 8338. 1 GENERAL LAND OFFICE 15 COASTAL AREA PLANNING A MANAGEMENT OF THE BEACH/DUNE SYSTEM §15.38 Certification Status of the City of Starbase Dune Protection and Beach Access Plan https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226850&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 226850 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226850&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 226850 03/11/2026 (a) The General Land Office (GLO) will conduct an evaluation of potential coastal erosion studies and projects to designate funding for qualifying projects from the coastal erosion response account (Account). The evaluation process will consist of a review by the GLO of Coastal Resources Funding Application (Applications) to identify priority projects for funding. Throughout the evaluation process, the goal of the GLO is to work cooperatively with qualified project partners to identify and select preferred erosion response solutions to address erosion problems identified in the Applications.(1) For purposes of this section, erosion is presumed if:(A) a portion of the Gulf of Mexico (Gulf) shoreline is experiencing a historical erosion rate of greater than two feet per year based on the published data of the University of Texas at Austin Bureau of Economic Geology;(B) a portion of the bay area is experiencing documented erosion;(C) a portion of the gulf shoreline or bay area has been the subject of an erosion response project and it has been determined that maintenance is required; or(D) a portion of the gulf shoreline or bay area has been impacted by a storm event and remediation is required to reestablish the preexisting conditions of the site.(2) To be considered for funding under the Account, a potential project partner must submit an Application to the GLO by the GLO's established submission deadline.(A) The submitted Application must include the following information to be considered complete:(i) the name of the entity that will be the potential project partner and the name, mailing address, email address, and telephone number of the person who will represent the potential project partner and be the primary point of contact with the GLO;(ii) the location and geographic scope of the erosion problem;(iii) a description of the erosion problem and the severity of erosion in the area;(iv) a description of the project or study and how the project or study will lessen the negative economic impacts of the erosion problem;(v) a description of how the project or study will benefit the public infrastructure, and coastal property that has been impacted or threatened by erosion;(vi) a description of the natural resources impacted or threatened by erosion in the area;(vii) the estimated cost to complete the project or study;(viii) whether the project will incorporate the beneficial use of dredged materials;(ix) whether any potential or committed sources of funding, other than from the Account, will be provided with a description of the total contribution amount and estimated percentage of the project to be funded;(x) whether the potential project partner can make a binding funding commitment to meet the required percentage of the Account's shared project cost necessary to receive funding from the Account;(xi) the desired outcome or goals of the project for which funding is sought from the Account;(xii) if available, the feasibility and cost-effectiveness of the project;(xiii) if available, the economic impacts of erosion in the area of the project;(xiv) identification of the project category for which funding is sought from the Account and a description of the partners proposed cost share:(I) if the project includes a beach nourishment and associated enhancements project on a public beach or bay shore, the qualified project partner's shared project cost, as compared to the Account's contribution, must be at least 25 percent. Beach nourishment and associated enhancements are defined as activities that include direct placement of beach-quality sand to create or maintain a beach. It also includes associated construction or enhancements to the dune system;(II) if the project includes a marsh restoration project, a bay shoreline protection project other than a beach nourishment and associated enhancements project, or any other coastal erosion response study or project, the qualified project partner's shared project cost, as compared to the Account's contribution, must be at least 40 percent;(III) a project for removal of debris or structures, relocation of structures from the public beach, including the purchase of property located on a public beach, or the acquisition of property necessary for the construction, reconstruction, maintenance, widening, or extension of an erosion response project with a shared project cost requirement to be determined by the GLO, in accordance with subsections (b)(11) - (13) and (h) of Texas Natural Resources Code, §33.603;(IV) a structural shoreline protection project on or landward of a public beach that utilizes innovative technologies, designed or engineered to minimize beach scour, in accordance with Texas Natural Resources Code, §33.603(b)(14); or(V) an erosion response demonstration project in accordance with Texas Natural Resources Code, §33.603(g);(VI) whether the project for which funding is sought from the Account is being sought without a shared project cost requirement in accordance with Texas Natural Resources Code, §33.603(f);(xv) whether there is a permit associated with the project;(xvi) a description of how the project is consistent with the Coastal Management Plan's enforceable policies set out in 31 TAC §26.26(b) of this title (relating to Policies for Construction in the Beach/Dune System), and identification of whether the project involves structural shoreline protection on or landward of a public beach; and(xvii) whether the potential project partner seeks to manage the project or requests that the GLO manage the project.(B) The GLO will evaluate received Applications based on the following general requirements:(i) the feasibility and cost-effectiveness of the project; (ii) the economic impacts of erosion in the area of the project;(iii) the effect of the project on public property, public infrastructure, private property, or natural resource threatened by erosion;(iv) the effect of the project on Coastal Natural Resource Areas threatened by erosion;(v) if the project is located within the jurisdiction of a local government that administers a beach/dune plan:(I) whether the local government is adequately administering the Open Beaches Act (Texas Natural Resources Code, Chapter 61) and the Dune Protection Act (Texas Natural Resources Code, Chapter 63); and(II) whether the local government has implemented an erosion response plan for reducing public expenditures due to erosion and storm damage losses established under Texas Natural Resources Code, §33.607, and §15.17 of this title (relating to Local Government Erosion Response Plans);(vi) whether the project will provide for beneficial use of beach-quality sand dredged in constructing and maintaining navigation inlets and channels of the state;(vii) whether the potential project partner has leveraged other sources of funding and already made or received a binding commitment to fund all or a portion of a given project;(viii) if the project involves the construction or retrofitting of dams, jetties, groins or other structural impoundments, whether such structures will be designed with a sediment bypass system; and(ix) if the project involves structural shoreline protection on or landward of a public beach, whether such project uses innovative technologies designed or engineered to minimize beach scour in accordance with Texas Natural Resources Code, §33.603(b)(14) and is consistent with the Coastal Management Plan's enforceable policies set out in 31 TAC §26.26(b) of this title (relating to Policies for Construction in the Beach/Dune System).(C) After conducting an evaluation according to the general requirements identified in subparagraph (B) of this paragraph, the GLO will further evaluate received Applications based on the following priority criteria:(i) the relative severity of erosion in each area;(ii) whether the project will enhance community resiliency; (iii) the needs in other critical coastal erosion areas;(iv) whether federal and local governmental financial participation in the project is maximized;(v) whether financial participation by private beneficiaries of the project is maximized;(vi) whether the project achieves efficiencies and economies of scale;(vii) whether funding the project will contribute to balance in the geographic distribution of benefits for coastal erosion response projects in Texas or have received funding from the Account; and(viii) the cost of the project in relation to the amount of money available in the Account.(D) Based on the evaluation of the Applications and availability of funding, the GLO will designate projects as either priority projects or alternate projects.(i) If, as a result of the evaluation process, the GLO designates a potential project as an alternate project, the potential project partner will be notified in writing. The GLO will retain the Application and may reevaluate it if future conditions warrant funding the project in the current state fiscal biennium. The Application must be resubmitted by the potential project partner for consideration for funding in a subsequent state fiscal biennium.(ii) If the GLO's evaluation results in a designation of a project as a priority project, the GLO will enter into a project cooperation agreement with the qualified project partner.(E) A project cooperation agreement must explicitly define all activities and responsibilities for undertaking a priority project between the GLO and a qualified project partner as set out in§15.42 of this chapter (relating to Funding Projects From the Coastal Erosion Response Account).(3) As appropriate, the GLO may request the applicant to work cooperatively or participate in a further review to identify and select a preferred erosion response solution to address any erosion problem(s) identified in the Application. The preferred erosion response solution may be determined by the GLO through the evaluation of an alternatives analysis and feasibility study, which may include modeling and consideration of long-term results of various methods of design. Based on this evaluation, the GLO will select the best erosion response solution to accomplish the goals in the Application.(A) Projects will be evaluated by the GLO on whether the potential or qualified project partner has already made or received a binding commitment to fund all or a portion of a given project and whether the feasibility and cost-effectiveness of the preferred erosion response solution is meeting the objectives stated in the Application.(B) The GLO may, at its sole discretion, fund studies or activities that evaluate erosion, identify preferred erosion response solutions, or fund projects that investigate methods to help identify and enhance community resiliency strategies.(C) The GLO will determine whether a qualified project partner should receive funds from the Account based on the final prioritization of a preferred erosion response solution according to the considerations detailed in subparagraph (A) of this paragraph.(D) Each state fiscal biennium the GLO may determine that at least one project designated as a priority project may be undertaken by the GLO without requiring a qualified project partner to provide a portion of the shared project cost as provided in Texas Natural Resources Code, §33.603(f). In addition to the considerations detailed in subparagraphs (A) and (C) of this paragraph, the GLO may consider the following factors in determining whether to fund erosion response projects without a cost share requirement:(i) whether the total cost of the projects that are approved under this section exceeds one-half of the total amount appropriated to the GLO for coastal erosion planning and response for the state fiscal biennium in which funding is sought;(ii) the relative amount of funding available to the qualified project partner from sources other than the Account; and(iii) the potential impact of the projects on coastal erosion in relation to the total estimated cost of the projects.(b) The GLO may use the criteria set forth in this section to select a project for funding that will address an emergency situation. The GLO may accept an emergency project Application at any time during the state fiscal biennium. The Application must describe the area that is immediately threatened or impacted by erosion and how the emergency erosion project will address or resolve the identified erosion problem. Source Note: The provisions of this §15.41 adopted to be effective June 12, 2019, 44 TexReg 2843; amended to be effective November 24, 2025, 50 TexReg 7577. 1 GENERAL LAND OFFICE 15 COASTAL AREA PLANNING B COASTAL EROSION PLANNING AND RESPONSE §15.41 Evaluation Process for Coastal Erosion Studies and Projects https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=195557&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 195557 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=195557&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 195557 03/11/2026 (a) For purposes of funding priority projects under the coastal erosion response account (Account), a project cooperation agreement must be executed between the General Land Office (GLO) and a qualified project partner. A potential project partner becomes a qualified project partner by entering into a project cooperation agreement with the GLO. The GLO must explicitly describe in the project cooperation agreement the terms and conditions under which the GLO will provide funds from the Account for the project.(b) The project cooperation agreement must provide for management of the project by either the GLO or by the qualified project partner. The GLO, in its sole discretion, may determine whether:(1) the project will be managed by the GLO, with payment to the GLO by the qualified project partner of the required percentage of the shared project cost; or(2) the project will be managed by the qualified project partner with reimbursement from the Account to the qualified project partner for project expenses for work completed in the amount provided in the project cooperation agreement.(c) The project cooperation agreement must include the terms of the qualified project partner's commitment to provide the required percentage of shared project cost, provide the total project budget to the extent this it is known, and identify the funding sources and the amounts that will be used as a partner's cost share or the basis of in-kind services that will be used to offset the authorizations that have been obtained or will be required to construct the project, as specified below in subsection (j).(d) If the GLO determines that a priority project requested by a qualified project partner receives a change in funding from the Account or project terms, the GLO and the qualified project partner will amend the project cooperation agreement to reflect those changes.(e) Except as provided in Texas Natural Resources Code, §33.603(f) and (h), qualified project partners are required to provide a minimum specified percentage amount of the shared project costs as prescribed by Texas Natural Resources Code, §33.603(e) specified below:(1) at least 25 percent of the shared project cost, as compared to the Account's contribution, if the project is a beach nourishment and associated enhancement project on a public beach or bay shore; and(2) at least 40 percent of the shared project cost, as compared to the Account's contribution, if the project is any other coastal erosion response study or project, including the following examples:(A) a marsh restoration or enhancement project; or(B) a bay shoreline protection project other than a beach nourishment project.(f) The state's portion of the shared project cost for erosion response demonstration projects undertaken or funded pursuant to Texas Natural Resources Code §33.603(g) is limited to one-tenth of the total amount appropriated to the GLO for coastal erosion planning and response during the state fiscal biennium for which funding is sought.(g) The GLO may, pursuant to Texas Natural Resources Code §33.603(f), undertake at least one erosion response project each biennium without requiring a qualified project partner to provide a portion of the shared project cost if the total cost of projects that do not have a cost share requirement does not exceed one-half of the total amount appropriated to the GLO for coastal erosion planning and response during the state fiscal biennium.(h) The GLO may determine the percentage of the shared project cost a qualified project partner must provide for a project undertaken pursuant to Texas Natural Resources Code §33.603(b)(11), (12), or (13) for the removal of debris, removal and relocation of structures from the public beach through reimbursement of expenses or purchase of property, and the acquisition of property necessary for the construction, reconstruction, maintenance, widening, or extension of an erosion response project under this subchapter.(i) No costs incurred by a potential project partner before becoming a qualified project partner may be used to offset the cost-sharing requirement under CEPRA.(j) In-kind goods or services provided by the qualified project partner after entering into a project cooperation agreement with the GLO may offset the partner's required portion of the shared project costs, if the qualified project partner provides the GLO with a reasonable basis for estimating the monetary value of those goods or services. The decision on whether to allow any in-kind good or service to offset the cost-sharing requirement is in the sole discretion of the GLO. The project cooperation agreement must reflect any in-kind goods or services approved by the GLO.(k) Local governments that receive financial assistance from the state to clean and maintain public beaches fronting the Gulf of Mexico under Chapter 25 of this title, relating to Beach Cleaning and Maintenance Assistance Program, will not be allowed to use funds received under that program to meet the cost-sharing requirement. Source Note: The provisions of this §15.42 adopted to be June 12, 2019, 44 TexReg 2843. 1 GENERAL LAND OFFICE 15 COASTAL AREA PLANNING B COASTAL EROSION PLANNING AND RESPONSE §15.42 Funding Projects From the Coastal Erosion Response Account https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=103127&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 103127 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=103127&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 103127 03/11/2026 (a) No person may undertake an action relating to erosion response on or immediately landward of a public beach or submerged land until the person has conducted and filed a coastal boundary survey with the Land Office in accordance with Texas Natural Resources Code, §33.136.(1) If a coastal boundary survey for the area of an erosion response project that may be funded from the coastal erosion response account has previously been approved and filed with the Records and Archives Division of the Land Office, upon the request of the qualified project partner the Land Office shall determine whether that survey adequately reflects current conditions. If the survey adequately reflects current conditions, the Land Office may determine that a new coastal boundary survey is not required before the project is constructed. The decision of whether a new survey is required before construction of an erosion response project is in the sole discretion of the Land Office.(2) The boundary depicted on any coastal boundary survey that is required before funding a project from the coastal erosion response account shall be delineated according to the law under which the upland property was originally granted by the sovereign.(b) A coastal erosion response project on permanent school fund land may not be undertaken without obtaining the written consent of the school land board in accordance with Texas Natural Resources Code, §33.609.(c) A coastal erosion response project on private property other than that encumbered by the common law rights of the public affirmed by Texas Natural Resources Code, Chapter 61, may not be undertaken without obtaining the consent of the property owner in accordance with Texas Natural Resources Code, §33.609. Source Note: The provisions of this §15.43 adopted to be effective July 9, 2003, 28 TexReg 5196. 1 GENERAL LAND OFFICE 15 COASTAL AREA PLANNING B COASTAL EROSION PLANNING AND RESPONSE §15.43 Coastal Boundary Surveys and Landowner Consent https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=195558&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 195558 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=195558&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 195558 03/11/2026 (a) If a project receives funds from the coastal erosion response account (Account), material dredged in constructing and maintaining navigation inlets and channels of the state shall be placed on or used to benefit, eroding beach areas or to restore or create wetlands to mitigate erosion. The GLO, in consultation with a qualified project partner, shall evaluate the practicality and suitability of proposed beneficial use of dredged material in accordance with this section and shall consider relative cost of the material and the sediment composition.(b) For the purposes of this subchapter, beneficial use of dredged material shall not be deemed practicable if the cost to the GLO and qualified project partner for placement of the material dredged in constructing and maintaining navigation inlets and channels of the State exceeds the cost of obtaining similar material suitable for placement on or used to benefit, eroding beach areas or to create wetlands from another source, including transportation costs. In the case of placement for wetland restoration, the cost of soil preparation and treatment may also be considered.(c) In determining the suitability and practicality of dredged material for beach placement the GLO may refer to the guidance materials by the U.S. Army Corps of Engineers, relating to Engineering & Design, Beneficial Uses of Dredged Material, Coastal Engineering, and Beach Fill Design. Only beach-quality sand shall be considered for beach placement.(d) In this section "beach-quality sand means sediment material that:(1) has effective grain size, mineralogy, and quality that approximates the existing beach material in the placement area;(2) is low in fine grain, silty, or clayey sediments; and(3) contains no hazardous substances listed in the Code of Federal Regulations, Title 40, Part 261, Subpart D- List of Hazardous Wastes, in concentrations which are harmful to human health or the environment as determined by applicable, relevant, and appropriate requirements established by the local, state, and federal governments.(e) In determining the suitability and practicality of placement of dredged material for wetland restoration, the GLO may refer to the guidance materials by the U.S. Army Corps of Engineers, relating to "Engineering & Design, Beneficial Uses of Dredged Material."(f) This section applies only to an erosion response project that receives funds from the Account. Source Note: The provisions of this §15.44 adopted to be effective July 9, 2003, 28 TexReg 5196; amended to be effective September 11, 2005, 30 TexReg 5371; amended to be effective February 27, 2011, 36 TexReg 1158; amended to be effective June 12, 2019, 44 TexReg 2843. 1 GENERAL LAND OFFICE 15 COASTAL AREA PLANNING B COASTAL EROSION PLANNING AND RESPONSE §15.44 Beneficial Use of Dredged Materials https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=121131&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 121131 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=121131&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 121131 03/11/2026 (a) Policy. The protection and preservation of certain of the coastal wetlands of this state are essential to the public interest. The General Land Office incorporates by reference the policy statement as set forth in Texas Natural Resources Code §33.232.(b) Scope of rules. These rules set forth the factors which will be considered by the commissioner in selecting and certifying to the Texas Parks and Wildlife Department those coastal wetlands which are most essential to the public interest; in assigning priorities for acquisition of such coastal wetlands; and in revoking certification of such coastal wetlands whenever it is in the public interest. These rules also set forth the process which the commissioner will employ in certifying those coastal wetlands which are most essential to the public interest.(c) Definition. The following definitions are intended to assist the public in understanding the impact and scope of these rules. For the purposes of these rules only:(1) Commissioner--The commissioner of the General Land Office.(2) Coastal wetlands--Highly productive coastal natural systems composed of waters, substrate, vegetation, and animal life. Coastal wetlands mean marshes and other areas of high biologic productivity where seawater is present during times other than and in addition to storms or hurricanes as defined by the Beaufort Wind Scale. Coastal wetlands do not, however, include any areas seaward of the line of mean annual low spring tide, nor does it include any mainland area where seawater is present only during storms or hurricanes as defined by the Beaufort Wind Scale.(3) Marshes--Includes only coastal marshes. Coastal marshes are land areas within coastal wetlands that contain seawater and are characterized by plants that are emergent, rooted, herbaceous hydrophytes. Marshes must include one or more of the following species of vegetation.(A) Grasses and grass-like plants. (Scientific name--common name.)(i) Cyperus haspan L.--sheathed flatsedge.(ii) C. polystachyos Rottb. var. texensis (Torr.) Fern.--umbrella sedge.(iii) Dichromena colorata (L.) A.S. Hitchc.--starrush whitetop.(iv) Distichlis spicata (L.) Greene var. spicata--seashore saltgrass.(v) Eleocharis albida Torr.--white spikesedge.(vi) E. caribaea (Rottb.) Blake--spikesedge.(vii) E. interstincta (Vahl) Roemer & Schultes--gulfcoast spikesedge.(viii) Fimbristylis caroliniana (Lam.) Fern.--fimbry.(ix) F. Castanea Vahl--fimbry.(x) F. puberula (Michx.) Vahl var. puberula--fimbry.(xi) Fuirena squarrosa Michx.--hairy umbrella sedge.(xii) F. simplex Vahl--western umbrella sedge.(xiii) Juncus marginatus Rostk.--grassleaf rush.(xiv) J. Roemerianus Scheele--needlegrass rush.(xv) J. validus Cov. var. validus--roundhead rush.(xvi) J. validus Cov. var. fascinatus M.C. Johnst.--roundhead rush.(xvii) Monanthochloe littoralis Englem.--shoregrass.(xviii) Parapholis incurva (L.) C.E. Hubb.--sicklesgrass.(xix) Paspalum vaginatum Swartz--seashore paspalm.(xx) Phragmites australis (Cav.) Trin.--common reed.(xxi) Scirpus californicus (C.A. Meyer) Steud.--California bullrush.(xxii) S. maritimus L. var. macrostachyus Michx.--saltmarsh bullrush.(xxiii) S. americanus Pers. var. longispicatus Britt.--three-square bullrush.(xxiv) Spartina alterniflora Loisel. var. alterniflora--smooth cordgrass.(xxv) S. cynosuroides (L.) Roth--big cordgrass.(xxvi) S. patens (Ait.) Muhl.--marshay cordgrass.(xxvii) S. spartinae (Trin.) Hitchc.--gulf cordgrass.(xxviii) Sporobolus virginicus (L.) Kunth--seashore dropseed.(xxix) S. pyramidatus (Lam.) Hitchc.--whorled dropseed.(xxx) Zizaniopsis miliacea (Michx.) Doell and Aschers--marshmillet.(B) Other marsh plants. (Scientific name--common name.)(i) Agalinis heterophylla (Nutt.) Small--prairie Agalinis.(ii) A. maritima Raf. var. grandiflora (Benth.) Shinners--seaside gerardia.(iii) Amaranthus spinosus L.--spiny amaranth.(iv) Avicennia germinans (L.) L.--black mangrove.(v) Batis maritima L.--saltwort.(vi) Borrichia frutescens (L.) DC.--bushy sea oxeye.(vii) Cakile fusiformis Greene--sea rocket.(viii) C. geniculata (Robins.) Millsp.--sea rocket.(ix) Heliotropium curassavicum L.--salt heliotrope.(x) Iva frutescens L. var. frutescens--bigleaf sumpweed.(xi) I. frutescens L. var. oraria (Bartlett) Fern. & Grisc.--bigleaf sumpweed.(xii) I. angustifolia DC.--sumpweed.(xiii) Limonium Nashii Small var. Nashii--sea lavendar.(xiv) L. Nashii Small var. angustatum (Grah) Ahles--sea lavendar.(xv) Lycium carolinianum (Moc. & Sesse) C.L. Hitchc.--Carolina wolfberry.(xvi) Machaeranthera phyllocephala (DC.) Shinners--camphor daisy.(xvii) Philoxerus vermicularis (L.) R. BR.--silverhead.(xviii) Salicornia Bigelovii Torr.--glasswort.(xix) S. virginica L.--Virginia glasswort.(xx) Samolus ebracteatus H.B.K.--water pipernel.(xxi) Sesuvium erectum Correll--sea purslane.(xxii) S. maritimum (Walt.) B.S.P.--coast sesuvium.(xxiii) S. Portulacastrum L.--sea purslane.(xxiv) S. trianthemoides Correll--sea purslane.(xxv) Solidago sempervirens L. var. mexicana (L.) Fern.--seaside goldenrod.(xxvi) Suaeda conferta (Small) I.M. Johnst.--seablite.(xxvii) S. linearis (Ell.) Moq.--annual seepweed.(xxviii) Typha angustifolia L.--narrow-leaved cattail.(xxix) T. dominigensis Pers.--tule.(4) Mean annual low spring tide--The long-time (18.6 years) average of the lowest spring tide occurring within a year for a given area. Spring tides occur for several days every 14.3 days when the low waters are much lower than usual due to the position of the earth, sun, and moon.(5) Other areas of high biologic productivity--Areas in coastal wetlands that contain seawater and are adjacent to or within marshes.(6) Seaward--The direction away from the shore and toward the body of water bounded by such shore.(7) Seawater--Any water containing a concentration of one-twentieth of 1.0% or more by weight of total dissolved inorganic salts derived from the marine waters of the Gulf of Mexico. Seawater may be present either as freestanding water on the surface of the soil, as ground moisture absorbed by the soil, or as both. Source Note: The provisions of this §15.51 adopted to be effective March 22, 1979, 4 TexReg 785; amended to be effective September 11, 2005, 30 TexReg 5373. 1 GENERAL LAND OFFICE 15 COASTAL AREA PLANNING D CERTIFICATION OF COASTAL WETLANDS §15.51 Policy; Scope of Rules; Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=121132&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 121132 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=121132&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 121132 03/11/2026 In selecting and certifying those coastal wetlands most essential to the public interest, assigning priorities for acquisition of such wetlands, and determining whether to revoke such a certification, the commissioner will consider the following criteria:(1) Coastal wetlands. The commissioner may consider whether such lands are coastal wetlands within the definition, intent, and purpose of the Coastal Wetlands Acquisition Act, Texas Natural Resources Code §§33.231 - 33.238, as elaborated by the definition of coastal wetlands contained in §15.51 of this title (relating to Policy; Scope of Rules, Definitions).(2) Title. The commissioner will consider whether the state owns such coastal wetland or claims title to them, which title can be validated by bringing an appropriate action therefor in a court of law.(3) Characteristics of the coastal wetland. The commissioner will consider whether the biological, geological, or physical characteristics of such coastal wetlands, including the interrelationship of such coastal wetlands with other coastal wetlands, combine to make the preservation of such coastal wetlands essential to the public interest. In making this determination, the commissioner will be concerned with the effect of these factors on the ability of such coastal wetlands to perform functions beneficial to the public. Since scientific understanding of the operation and functions of the coastal wetlands of the Texas coast is continually evolving, the criteria for assessment of the value of coastal wetlands will evolve as the state of scientific knowledge improves. The criteria considered may include the ability of such coastal wetlands to function in:(A) production of plant and animal biomass;(B) provision for wildlife habitat and/or nursery grounds;(C) protection of endangered or important species;(D) temporary storage of flood and storm waters;(E) erosion prevention;(F) water quality enhancement;(G) entrapment of sediments;(H) storage and supply of inorganic nutrients and organic detritus;(I) aesthetics and recreation;(J) potential for aquaculture; and(K) protection of other, interrelated coastal wetlands that would be detrimentally affected if those with which they are interrelated were altered, damaged, or destroyed.(4) Danger. The commissioner will consider the degree to which such coastal wetlands are in danger of being altered, damaged, or destroyed, and the imminence of such danger. Those coastal wetlands which are both essential to the public interest and subject to alteration, damage, or destruction that will impair their ability to perform functions beneficial to the public will generally be considered a higher priority for state acquisition than those which are subject to less danger. Although receipt of an application under section 10 of the Rivers and Harbors Act of 1899, United States Code 1970, Title 33, section 403 or section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 United States Code §1344, for any Texas coastal wetland will be considered prima facie evidence of imminent danger to that wetland, the imminence of danger to a coastal wetland is not contingent upon receipt of such applications. Many activities, if properly designed and carried out, may be performed in coastal wetland areas without posing a substantial danger to the wetland. In assessing the imminence of threat to a wetland, the commissioner may consider any of the following:(A) Chemical and physical factors:(i) changes in water quality, especially pollutant or toxicant load, temperature, transparency, turbidity, dissolved oxygen concentration, and salinity;(ii) changes in substrate or soil condition, particularly in relation to topography of the area, as well as fertility and structure of the soils;(iii) changes in quantity and movement of inorganic nutrients and organic matter (particularly detritus) within, into, and out of the coastal wetland; and(iv) changes in hydrology, including both the amount, spatial and temporal pattern of water movement.(B) Biotic factors:(i) changes in biological oxygen demand;(ii) changes in productivity of living plants and animals, both within the coastal wetland and in associated natural systems; and(iii) changes in the composition, biomass, and diversity of plant and animal life within the coastal wetland and in associated natural systems.(C) Criteria for decision. When evaluating the impacts of proposed activities on coastal wetlands, the commissioner may consider the criteria for decision set forth in §155.3(g) of this title (relating to Easements).(5) Cost. The commissioner will consider the cost of acquiring particular coastal wetlands relative to the benefit provided the public by such acquisition. Source Note: The provisions of this §15.52 adopted to be effective March 22, 1979, 4 TexReg 785; amended to be effective September 11, 2005, 30 TexReg 5373. 1 GENERAL LAND OFFICE 15 COASTAL AREA PLANNING D CERTIFICATION OF COASTAL WETLANDS §15.52 Criteria for Certification; Assignment of Priorities for Acquisition; Revocation of Certification https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18635&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18635 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18635&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18635 03/11/2026 (a) General procedure. The commissioner will from time to time as appropriate, certify in writing to the Texas Parks and Wildlife Department that specified coastal wetlands are essential to the public interest, and he will indicate to the Texas Parks and Wildlife Department priorities for acquisition, if any, for such certified coastal wetlands. To the extent possible and appropriate, the commissioner will certify such wetlands sufficiently far in advance of the next succeeding legislative session to enable the Texas Parks and Wildlife Department to seek a legislative appropriation, if necessary for the acquisition of such certified coastal wetlands.(b) Nominations. The commissioner will accept and consider written nominations of coastal wetlands for certification. Written justification accompanying such nominations, adequate to support certification pursuant to these sections, is encouraged.(c) County commissioners court approval. The commissioner will forward a copy of any such certification to the county judge of every county in which any part of the wetlands so certified is located, and will request the recommendation of the commissioners of said county therein. Source Note: The provisions of this §15.53 adopted to be effective March 22, 1979, 4 TexReg 785. 1 GENERAL LAND OFFICE 15 COASTAL AREA PLANNING D CERTIFICATION OF COASTAL WETLANDS §15.53 Certification Procedure https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18633&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18633 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18633&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18633 03/11/2026 The commissioner may, from time to time, revoke a certification promulgated pursuant to these rules if he determines, in accordance with the criteria specified in §15.52 of this title (relating to Criteria for Certification; Assignment of Priorities for Acquisition; Revocation of Certification), that it is in the public interest to do so. The certification will be revoked by sending to the Texas Parks and Wildlife Department written notice of the coastal wetland area, or portion thereof, as to which certification is revoked. Notice of such revocation will also be sent to the appropriate county commissioners court. Source Note: The provisions of this §15.54 adopted to be effective March 22, 1979, 4 TexReg 785. 1 GENERAL LAND OFFICE 15 COASTAL AREA PLANNING D CERTIFICATION OF COASTAL WETLANDS §15.54 Revocation of Certification by Commissioner https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=121571&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 121571 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=121571&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 121571 03/11/2026 (a) The following words, terms, abbreviations, and phrases, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) CCC or council--The Coastal Coordination Council.(2) CMP--The Coastal Management Program as defined in Texas Natural Resources Code, §33.203(22).(3) CNRA (coastal natural resource area)--An area listed in Texas Natural Resources Code, §33.203(1), that is located within the coastal zone, defined as follows:(A) waters in the open Gulf of Mexico--waters in the state as defined in Texas Natural Resources Code, §33.203(18);(B) waters under tidal influence--waters in the state as defined in Texas Natural Resources Code, §33.203(19);(C) state submerged lands--submerged land as defined in Texas Natural Resources Code, §33.203(15) that is owned by the state;(D) coastal wetlands--wetlands as defined in §16.1(a)(5) of this title (relating to Definitions and Scope);(E) submerged aquatic vegetation--rooted aquatic vegetation as defined in Texas Natural Resources Code, §33.203(16);(F) tidal sand or mud flat--silt, clay, or sand substrates as defined in Texas Natural Resources Code, §33.203(17);(G) oyster reefs--natural or artificial formations as defined in Texas Natural Resources Code, §33.203(13);(H) hard substrate reefs--naturally occurring hard substrate formations as defined in Texas Natural Resources Code, §33.203(12);(I) coastal barriers--undeveloped areas as defined in Teas Natural Resources Code, §33.203(2);(J) coastal shore areas--all areas within 100 feet landward of the high water mark on state submerged land;(K) Gulf beaches--beaches bordering on the Gulf of Mexico as defined in Texas Natural Resources Code, §33.203(11);(L) critical dune areas--protected sand dune complexes as defined in Texas Natural Resources Code, §33.203(9);(M) special hazard areas--areas as described in Texas Natural Resources Code, §33.203(14);(N) critical erosion areas--areas as defined in Texas Natural Resources Code, §33.203(10);(O) coastal historic area--a site that is described in Texas Natural Resources Code, §33.203(3); and(P) coastal preserve--any land described in Texas Natural Resources Code, §33.203(4).(4) Coastal zone--The area within the CMP boundary established in §503.1 of this title (relating to Coastal Management Program Boundary).(5) Coastal wetlands--Wetlands as defined in Texas Water Code, §11.502 that lie within the coastal zone.(6) Commissioner--The commissioner of the General Land Office.(7) Critical area--An area as defined in Texas Natural Resources Code, §33.203(8).(8) GLO--The General Land Office.(9) Lower coast--The coastal zone southwest of Cavallo Pass at the eastern end of Matagorda Island, Calhoun County, Texas, so as to exclude the Matagorda Bay system.(10) Major action--An individual agency or subdivision action authorizing an activity involving a federal action for which a federal environmental impact statement under the National Environmental Policy Act, 42 United States Code Annotated, §§4321, et seq, is required.(11) SLB--The School Land Board.(12) State submerged land--Land underlying waters under tidal influence or waters of the open Gulf of Mexico that is owned by the state.(13) Upper coast--The coastal zone northeast of Cavallo Pass at the eastern end of Matagorda Island, Calhoun County, Texas, so as to include the Matagorda Bay system.(b) For purposes of this chapter, the list of actions included in §505.11(a)(1) of this title (relating to Actions and Rules Subject to the Coastal Management Program) is an exclusive list of actions taken or authorized by the GLO or SLB that may adversely affect a CNRA, and that therefore must be consistent with the goals and policies stated in this chapter.(c) An action to renew, amend, or modify an existing permit, certificate, lease, easement, approval or other form of authorization shall not be considered an action otherwise subject to the rules in this chapter if the action only extends the time period of the existing authorization without authorizing new or additional work or activities or is not otherwise directly relevant to the policies in §16.3 of this title (relating to Policies for Specific Activities and Coastal Natural Resource Areas). This chapter applies only to actions listed in subsection (b) of this section for which an application was filed after the effective date of either this chapter or Chapters 501 and 505 of this title (relating to Coastal Management Program and Council Procedures for State Consistency with Coastal Management Program Goals and Policies, respectively), whichever is later. Source Note: The provisions of this §16.1 adopted to be effective December 18, 1995, 20 TexReg 10271; amended to be effective November 1, 2005, 30 TexReg 7049. 1 GENERAL LAND OFFICE 16 COASTAL PROTECTION §16.1 Definitions and Scope https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=121572&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 121572 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=121572&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 121572 03/11/2026 (a) Goals. Subject to §16.1(c) of this title (relating to Definitions and Scope), when taking or authorizing an action identified in §16.1(b) of this title (relating to Definitions and Scope) that may adversely affect a CNRA, the goals of the GLO and SLB shall be the coastal management program goals in §501.12 of this title (relating to Goals of the Coastal Management Program).(b) Administrative Policies. Subject to §16.1(c) of this title (relating to Definitions and Scope), when taking or authorizing an action identified in §16.1(b) of this title (relating to Definitions and Scope) that may adversely affect a CNRA, the administrative policies of the GLO and the SLB shall be the administrative policies in §501.13(a) of this title (relating to Administrative Policies of the Coastal Management Program).(c) Policy for Major Actions. Prior to taking a major action, as defined in §16.1 of this title (relating to Definitions and Scope), the GLO and the SLB shall comply with the requirements of §501.15(b) of this title (relating to Policies for Major Actions) and §501.15(c) of this title (relating to Policies for Major Actions).(d) The GLO or the SLB, as appropriate, shall include in a permit or other document proposing an action listed in §16.1(b) of this title (relating to Definitions and Scope) to which this chapter applies, either a consistency determination or a determination of no adverse effect as follows.(1) Consistency Determination. The (GLO or SLB) has reviewed this proposed action for consistency with the Texas Coastal Management Program goals and policies, in accordance with the regulations of the Coastal Coordination Council, and has determined that the proposed action is consistent with the Texas CMP goals and policies applicable to the proposed action.(2) Determination of No Direct and Significant Adverse Effect. The (GLO or SLB) has reviewed this proposed action for consistency with the Texas CMP goals and policies, in accordance with the regulations of the Coastal Coordination Council, and has found that the proposed action will not have a direct and significant adverse effect on the coastal natural resource areas identified in the applicable policies.(e) For actions that exceed the thresholds for referral as set out in §16.4 of this title (relating to Thresholds for Referral), the GLO or the SLB, as appropriate, shall provide a written explanation supporting the determination made under subsection (d) of this section. The explanation shall describe the basis for the agency's determination, include a description of the action and its probable impacts on CNRAs, identify the CMP goals and policies applied to the action, and explain how the action is consistent with the applicable goals and policies or why the action does not adversely affect any CNRAs.(f) When publishing notice of receipt of an application or request for agency action, the GLO or the SLB, as appropriate, shall include a statement that the application or requested action is subject to the CMP and must be consistent with the CMP goals and policies.(g) The GLO and the SLB shall maintain a record of all proposed actions that are subject to the CMP and provide such record to the council on a quarterly basis. Source Note: The provisions of this §16.2 adopted to be effective December 18, 1995, 20 TexReg 10271; amended to be effective November 1, 2005, 30 TexReg 7049. 1 GENERAL LAND OFFICE 16 COASTAL PROTECTION §16.2 Goals and Administrative Policies https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=121569&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 121569 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=121569&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 121569 03/11/2026 The GLO and the SLB, as appropriate, shall comply with the policies in §501.17 of this title (relating to Policies for Construction, Operation, and Maintenance of Oil and Gas Exploration and Production Facilities), §501.23 of this title (relating to Policies for Development in Critical Areas), §501.24 of this title (relating to Policies for Construction of Waterfront Facilities and Other Structures on Submerged Lands), §501.25 of this title (relating to Policies for Dredging and Dredged Material Disposal and Placement), and §501.26 of this title (relating to Policies for Construction in the Beach/Dune System) when taking an action described in §16.1(b) of this title (relating to Definitions and Scope), and adopting rules relating to such actions described in the referenced policies. To the extent applicable to the public beach, as public beach is defined in Texas Natural Resources Code, §61.013(c), the policies referenced in this section are supplemental to any further restrictions or requirements relating to the beach access and use rights of the public, including Texas Natural Resources Code, Chapter 61 (Use and Maintenance of Public Beaches) and Chapter 15 of this title (relating to Coastal Area Planning). Source Note: The provisions of this §16.3 adopted to be effective December 18, 1995, 20 TexReg 10271; amended to be effective November 1, 2005, 30 TexReg 7049. 1 GENERAL LAND OFFICE 16 COASTAL PROTECTION §16.3 Policies for Specific Activities and Coastal Natural Resource Areas https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=121570&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 121570 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=121570&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 121570 03/11/2026 (a) Pursuant to §505.32 of this title (relating to Requirements for Referral of a Proposed Agency Action), the thresholds for potential referral of GLO or SLB actions to the council for consistency review are as follows.(b) Real Estate Activities.(1) Except for energy-related activities (i.e., activities related to oil, gas, or other mineral exploration and production), the GLO's or SLB's issuance of the following instruments exceeds the threshold if the authorized activities would adversely affect CNRA acreage greater than that in paragraph (2) of this subsection:(A) a coastal easement pursuant to the Texas Natural Resources Code, §33.111, for dredging of basins and channels or construction of piers, docks, marinas, bulkheads, seawalls, and other waterfront structures on state-owned submerged land;(B) a cabin permit pursuant to the Texas Natural Resources Code, §33.103, for the construction or use of fishing cabins on state-owned submerged land; or(C) a surface lease pursuant to the Texas Natural Resources Code, §51.121, for construction of commercial facilities, artificial reefs, and other non-waterfront structures on state-owned land.(2) The acreage thresholds for real estate activities are as follows:(A) one-half acre of oyster reef;(B) one acre of submerged aquatic vegetation;(C) one acre of coastal wetland;(D) one acre of algal flat;(E) one acre of tidal mud flat;(F) one acre of tidal sand flat;(G) one acre of state submerged land; or(H) one acre of upland area fitting the definition of coastal barrier, coastal shore area, Gulf beach, critical dune area, special hazard area, critical erosion area, coastal historic area, or coastal preserve, as defined in Texas Natural Resources Code, §33.203(1).(c) Energy-Related Activities (activities related to oil, gas, or other mineral exploration and production).(1) The GLO's or SLB's approval of a mineral lease plan of operations for hard mineral exploration and production exceeds the threshold if the authorized activities would adversely affect CNRA acreage greater than the following:(A) In the upper coast:(i) one-half acre of oyster reef;(ii) five acres of submerged aquatic vegetation;(iii) five acres of coastal wetland;(iv) five acres of algal flat;(v) five acres of tidal mud flat;(vi) ten acres of tidal sand flat;(vii) 40 acres of waters in the open Gulf of Mexico;(viii) 40 acres of open bay waters under tidal influence; or(ix) 40 acres of upland area fitting the definition of coastal barrier, coastal shore area, Gulf beach, critical dune area, special hazard area, critical erosion area, coastal historic area, or coastal preserve, as defined in Texas Natural Resources Code, §33.203(1).(B) In the lower coast:(i) one-half acre of oyster reef;(ii) 40 acres of submerged aquatic vegetation;(iii) five acres of coastal wetland;(iv) 20 acres of algal flat;(v) 20 acres of tidal mud flat;(vi) 40 acres of tidal sand flat;(vii) 40 acres of waters in the open Gulf of Mexico;(viii) 40 acres of open bay waters under tidal influence; or(ix) 40 acres of upland area fitting the definition of coastal barrier, coastal shore area, Gulf beach, critical dune area, special hazard area, critical erosion area, coastal historic area, or coastal preserve, as defined in Texas Natural Resources Code, §33.203(1).(2) The GLO's or SLB's issuance of a geophysical permit for exploration for oil, gas, or other minerals on state-owned lands exceeds the threshold if the permit authorizes one of the following:(A) For upland areas, a shot in excess of 40 pounds of dynamite equivalent;(B) For submerged areas, either:(i) a shot in excess of 20 pounds of dynamite equivalent; or(ii) a shot hole less than 120 feet below the mud line.(3) With respect to energy-related activities not covered within the scope of a hard mineral plan of operations, the GLO's or SLB's issuance of a surface lease (pursuant to the Texas Natural Resources Code, §51.121), or a coastal easement (pursuant to the Texas Natural Resources Code, §33.111), exceeds the threshold only if the instrument authorizes:(A) permanent disturbance of five acres or more of a critical area or removal of more than 10,000 cubic yards of material from a critical area, except with respect to submerged aquatic vegetation and tidal mud or sand flats in the lower coast; or(B) permanent disturbance of ten acres or more of submerged aquatic vegetation or tidal mud or sand flats in the lower coast.(d) A miscellaneous easement issued pursuant to the Texas Natural Resources Code, §51.291, exceeds the threshold for potential referral if the miscellaneous easement authorizes:(1) permanent disturbance of five acres or more of a critical area or removal of more than 10,000 cubic yards of material from a critical area, except with respect to submerged aquatic vegetation and tidal mud or sand flats in the lower coast; or(2) permanent disturbance of ten acres or more of submerged aquatic vegetation or tidal mud or sand flats in the lower coast.(e) Any GLO or SLB action described in §16.1 of this title (relating to Definitions and Scope) that may adversely affect a CNRA that has not been specifically addressed in this section, exceeds the threshold if the action would adversely affect greater than 40 acres of any such CNRA.(f) Any GLO or SLB action described in §16.1 of this title (relating to Definitions and Scope) that may adversely affect a CNRA must be consistent with the goals and policies in §16.2 and §16.3 of this title (relating to Policy for Major Actions, and Policies for Specific Activities and Coastal Natural Resource Areas), whether above or below the applicable threshold. Source Note: The provisions of this §16.4 adopted to be effective December 18, 1995, 20 TexReg 10271; amended to be effective October 23, 1996, 21 TexReg 9935; amended to be effective November 1, 2005, 30 TexReg 7049. 1 GENERAL LAND OFFICE 16 COASTAL PROTECTION §16.4 Thresholds for Referral https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=120606&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 120606 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=120606&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 120606 03/11/2026 (a) These sections are intended to provide orderly and efficient procedures for the General Land Office (GLO) to assess administrative penalties and pursue the removal of unauthorized facilities or structures on state land and for the appeal of administrative penalties and removal of unauthorized facilities or structures on state land in accordance with the Texas Natural Resources Code, §51.302 and §51.3021.(b) These procedures shall apply to the initiation, conduct, and determination of hearings on administrative penalties for unauthorized facilities or structures and for the removal of unauthorized facilities or structures on state land pursuant to the Texas Natural Resources Code, §51.302 and §51.3021, where notice and hearing are required.(c) These sections shall supplement the provisions of Texas Government Code, §2001.001, et seq. (APA). All practices and procedures provided for by APA, even though not specifically included herein, shall be applicable to practice before the General Land Office. Source Note: The provisions of this §17.1 adopted to be effective April 22, 1992, 17 TexReg 2472; amended to be effective August 4, 2005, 30 TexReg 4334. 1 GENERAL LAND OFFICE 17 HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND §17.1 Purpose and Scope https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=120602&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 120602 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=120602&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 120602 03/11/2026 The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Agency--The General Land Office of the State of Texas.(2) Attachment--Any appurtenant, fixture, or other item, property or structure of any type which is incidental to or associated with a structure or facility.(3) Chief clerk--The chief clerk of the General Land Office.(4) Commissioner--The commissioner of the General Land Office.(5) Dangerous structure or facility--Any structure or facility on state land which presents, in the commissioner's sole determination, an imminent and unreasonable threat to public health, safety or welfare. In making such determination, the commissioner shall consider whether or not a structure or facility:(A) is fit for its intended purpose;(B) is safe for its foreseeable use by the public;(C) is hidden or not visibly apparent to the public;(D) is contaminating or has the immediate potential to contaminate air, water or other natural resources; or(E) possesses other characteristics or conditions which threaten public safety, health or welfare.(6) Deputy commissioner--The deputy commissioner of the Asset Management Division or Coastal Resources Division, as applicable, of the General Land Office.(7) Interested party--Person having a vested property interest in an unauthorized structure or facility.(8) Lienholder--Person having a security interest in an unauthorized structure or facility and whose interest is recorded in the county in which the property is located.(9) Owner or operator--Any person currently owning, operating, constructing, possessing, or exercising control over an unauthorized structure or facility, or the person who, immediately prior to the current owner or operator, owned, operated, constructed, possessed or exercised control over an unauthorized structure or facility.(10) Permanent or permanently--Left in place for 21 days or longer.(11) Persons--Any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character.(12) Petitioner--In a contested case, the person or persons filing a statement of grounds contesting an agency action or assessment.(13) Proceeding--Any hearing, investigation, injury, or other fact-finding or decision-making procedure, including the denial of relief or the dismissal of a complaint.(14) State land--Any land set apart to the permanent school fund under the constitution and laws of this state.(15) Structure or facility--Includes, without limitation, any structure, work, or improvement constructed on or affixed to or worked on state land, including fixed or floating piers, wharves, docks, ramps, weirs, jetties, groins, backwaters, bulkheads, artificial reefs or islands, permanent booms or mooring structures, retaining walls, levies, pilings, permanently moored vessels, cabins, houses, shelters, power transmission lines, pipelines, equipment for production, storage or treatment of oil, gas, or other minerals, roads, fences, or posts. A work or improvement includes, without limitation, any dredging or disposal of dredged material, excavation, filling, land canals, channels, or propwashing.(16) Unauthorized structure or facility--Any structure or facility on state land not authorized by a proper easement, lease, permit, or other instrument from the state as required by the Texas Natural Resources Code, Chapter 33 or 51.(17) Uncontested proceeding or case--Any proceeding other than a contested case. Source Note: The provisions of this §17.2 adopted to be effective April 22, 1992, 17 TexReg 2472; amended to be effective February 7, 1996, 21 TexReg 663; amended to be effective May 20, 1997, 22 TexReg 4070; amended to be effective August 4, 2005, 30 TexReg 4334. 1 GENERAL LAND OFFICE 17 HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND §17.2 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=120603&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 120603 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=120603&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 120603 03/11/2026 (a) All documents shall be filed with the administrative hearings clerk at the following address: Administrative Hearings Clerk, General Land Office, 1700 North Congress Avenue, 9th Floor, Austin, Texas 78701-1496.(b) The administrative hearings clerk shall deliver a copy of all documents submitted under this section to the assigned agency hearings attorney at the following address: Legal Services Division: Environment Law Section, General Land Office, 1700 North Congress Avenue, 9th Floor, Austin, Texas 78701-1496.(c) Except as provided in subsection (d) of this section, all documents relating to an administrative hearing before the agency shall be deemed filed only when actually received and accepted by the administrative hearings clerk.(d) A document required to be filed under this chapter which is properly addressed to the administrative hearings clerk, which is properly stamped, and which is postmarked at least one day prior to the last day for filing the document, shall be deemed to have been filed timely if it is received not more than 10 days after the filing deadline.(e) Where the time period for filing any responsive documents (replies to exceptions, replies to motions, etc.) is initiated by the filing of another document, the initiating document shall be deemed filed when it is actually received and accepted for filing by the administrative hearings clerk, if filed on or after the filing deadline. Documents filed before the filing deadline shall be deemed filed on the day of the filing deadline. Source Note: The provisions of this §17.3 adopted to be effective April 22, 1992, 17 TexReg 2472; amended to be effective August 4, 2005, 30 TexReg 4334. 1 GENERAL LAND OFFICE 17 HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND §17.3 Filing of Documents https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18639&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18639 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18639&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18639 03/11/2026 (a) Counting days. In computing any relevant period of time, the period shall begin on the day after the act, event, or default in question and shall conclude on the last day of that designated period, unless such last day falls on a Saturday, Sunday, or legal holiday. In that case, the period shall be extended until the end of the next day which is neither a Saturday, Sunday, nor a legal holiday.(b) Extensions.(1) Unless otherwise provided by statute, the time for filing any documents covered by this title may be extended. A written motion must be filed prior to the expiration of the applicable period of time asserting that there is good cause for the extension of time and that the need for the extension is not caused by the neglect, indifference, or lack of diligence of the movant. A copy of any such motion shall be served upon all parties of record concurrently with its filing with the administrative hearings clerk.(2) Upon a showing of good cause by petitioner, the hearing examiner may extend the time for submission of a statement of grounds. Source Note: The provisions of this §17.4 adopted to be effective April 22, 1992, 17 TexReg 2472. 1 GENERAL LAND OFFICE 17 HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND §17.4 Computation and Extension of Time Periods https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3502&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3502 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3502&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3502 03/11/2026 No stipulation or agreement between the parties, their attorneys, or representatives shall be enforceable unless it has been reduced to writing and signed by the parties or their authorized representatives, or unless dictated into the record during the course of a hearing, or incorporated into an order bearing written approval of all parties. This section shall not limit a party's ability to waive, modify, or stipulate any right or privilege afforded by these sections, unless otherwise precluded by law. Source Note: The provisions of this §17.5 adopted to be effective April 22, 1992, 17 TexReg 2472. 1 GENERAL LAND OFFICE 17 HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND §17.5 All Agreements Must Be in Writing https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=31071&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 31071 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=31071&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 31071 03/11/2026 (a) Comportment. All parties, witnesses, attorneys, and other representatives shall conduct themselves during all agency proceedings with dignity, courtesy, and respect for the agency, its hearing examiner, and all other parties and participants. Attorneys shall observe all rules of professional and ethical behavior prescribed for the profession by the Code of Professional Responsibility.(b) Compliance. Any party, witness, attorney, or other representative who violates subsection (a) of this section may be excluded by the agency from any proceeding or may be subject to such other reasonable and lawful disciplinary action as the agency may prescribe. Source Note: The provisions of this §17.6 adopted to be effective April 22, 1992, 17 TexReg 2472. 1 GENERAL LAND OFFICE 17 HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND §17.6 Conduct and Decorum https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=120604&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 120604 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=120604&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 120604 03/11/2026 (a) The commissioner may recover a penalty of not less than $50 or more than $1,000 for each day that a person constructs, owns, operates, possesses, or exercises control over an unauthorized structure or facility on state land.(1) In determining penalties to be assessed under the provisions of Texas Natural Resources Code, §51.302 and §51.3021, in performing duties and responsibilities imposed under Texas Natural Resources Code, Chapters 33 and 51, the commissioner shall consider:(A) the seriousness of the violation, including the nature, circumstances, extent, and gravity of the violation and the hazard and damage, including damage to natural resources, caused thereby;(B) the degree of cooperation of the owner and operator once that person was given notice of the violation;(C) the degree of culpability and the history of previous violations by the owner or operator;(D) the amount necessary to deter future violations; and(E) any other matter relevant to a fair and just result.(2) Penalties shall be assessed, in the discretion of the commissioner, when any violation of Texas Natural Resources Code, §51.302 (concerning Prohibition and Penalty) and §51.3021 (concerning Removal of a Facility or Structure by Commissioner) occurs. The amount of the minimum penalty assessed shall be according to a penalty schedule, approved by the commissioner with the concurrence of the School Land Board, and available for public inspection and review. The commissioner retains the right to assess any penalty amount depending upon the particular circumstances of the matter and in accordance with this subsection.(3) Prior to a final order of the commissioner assessing a penalty or ordering the removal of an unauthorized facility or structure, the owner or operator shall be entitled to a hearing. The hearing shall be conducted in accordance with the provisions of Texas Government Code, §2001.001 et seq.(b) The commissioner may remove and dispose of a facility or structure on state land if the commissioner finds the facility or structure to be:(1) not authorized by a proper easement, lease, permit or other instrument from the state required by the Texas Natural Resources Code, Chapter 33 or 51; or(2) an imminent and unreasonable threat to public health, safety, or welfare.(c) An owner or operator is any person who constructs, maintains, owns, or possesses the facility or structure and also includes, in the case of an abandoned facility or structure, the person who last owned, possessed, constructed, operated, or exercised control over the facility or structure.(d) At the discretion of the commissioner, before any formal action is taken to impose a penalty and/or remove a structure under the provisions of Texas Natural Resources Code, §51.302 and §51.3021, the owner or operator of the structure may be notified that the structure is not in compliance with applicable statutory requirements and may be given a reasonable period of time to bring the structure into compliance.(e) To initiate formal action to impose a penalty and/or remove a structure under the provisions of Texas Natural Resources Code, §51.302 and §51.3021, the deputy commissioner shall give written notice to the owner or operator of the structure or facility stating:(1) the specific facility or structure that is not authorized by a proper easement, lease, permit, or other instrument from the state required by the Texas Natural Resources Code or that threatens the public health, safety, or welfare;(2) the nature of the threat, if alleged, to public health, safety, or welfare;(3) that the owner or operator of the facility or structure shall remove the facility or structure:(A) not later than the 30th day after the date on which the notice is served, if the facility or structure is on state land and not authorized by a proper lease, easement, permit, or other instrument required by the Texas Natural Resources Code; or(B) within a reasonable time specified by the deputy commissioner if the facility or structure is an imminent and unreasonable threat to public health, safety, or welfare;(4) that failure to remove the facility or structure may result in liability for a penalty under Texas Natural Resources Code, §51.302(b), in an amount specified, removal by the commissioner and liability for the costs of removal, attachment of a lien to the adjacent littoral property to secure payment of the penalty and costs of removal, or any combination of such remedies;(5) that the owner or operator of the facility or structure may submit, not later than the 30th day after the date on which the notice is served, written request for a hearing by serving written notice of such request to: Administrative Hearings Clerk, Texas General Land Office, 1700 North Congress Avenue, Room 630, Austin, Texas 78701-1495.(f) The notice required by subsection (e) of this section must be given to the owner or operator:(1) by service in person or by registered or certified mail, return receipt requested; or(2) if personal service cannot be obtained or the address of the owner or operator responsible is unknown, by posting a copy of the notice on the facility or structure and by publishing notice in a newspaper with general circulation in the county in which the facility or structure is located two times within ten consecutive days. Source Note: The provisions of this §17.7 adopted to be effective April 22, 1992, 17 TexReg 2472; amended to be effective December 1, 1995, 20 TexReg 9567; amended to be effective August 4, 2005, 30 TexReg 4334. 1 GENERAL LAND OFFICE 17 HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND §17.7 Initiation of General Land Office Action https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18641&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18641 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18641&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18641 03/11/2026 (a) An owner or operator, lienholder, or interested party who disagrees with the findings or requirements of the notice or any penalty, and who wishes to request a hearing for reconsideration or redetermination by the agency of the findings, requirements, or penalty, shall file with the agency a request for hearing and a statement of grounds as described in §17.3 of this title (relating to Filing of Documents) and §17.9 of this title (relating to Statement of Grounds).(b) If the owner or operator charged consents to the deputy commissioner's recommendation, or if the owner or operator, lienholder, or interested party fails to request a hearing within 30 days after receipt of notice of the findings, requirements, and/or penalty, the commissioner shall issue an order consistent with the provisions in the notice required by §17.7 of this title (relating to Initiation of General Land Office Action). The commissioner shall serve written notice of the final order to the owner or operator and lienholders. The owner or operator charged must comply with the order and pay any penalty assessed.(c) A request for hearing must be filed in a timely manner regardless of any extension of time granted for the filing of a statement of grounds. Source Note: The provisions of this §17.8 adopted to be effective April 22, 1992, 17 TexReg 2472. 1 GENERAL LAND OFFICE 17 HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND §17.8 Request for Hearing https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18643&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18643 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18643&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18643 03/11/2026 (a) A statement of grounds must set out in detail the reasons for disagreement with the findings or requirements of the notice and/or penalty assessed and shall include the factual and legal basis for the dispute.(b) To the extent practicable, a statement of grounds shall be accompanied by the following documents:(1) documentary evidence, if any, in support of petitioner's claim;(2) a list of all other parties whom petitioner claims are liable under the charges of the notice as described by §17.7 of this title (relating to Initiation of General Land Office Action).(c) A statement of grounds or a letter requesting an extension of time to file a statement of grounds must be filed within 20 days after receipt of the notice of the findings, requirements, and/or penalty.(d) Upon a showing of good cause by petitioner, the hearing examiner may extend the time for submission of a statement of grounds.(e) The time for submission of a statement of grounds will be automatically extended 15 days if the petitioner, having requested a hearing, requests an informal conference with the hearing examiner prior to the original date set for submission of the statement of grounds. In order to receive the automatic 15-day extension, the petitioner must file a letter with the administrative hearing clerk before the original date the statement of grounds is due which sets out the date and place of the informal conference, as agreed upon by the petitioner and the hearing examiner. Source Note: The provisions of this §17.9 adopted to be effective April 22, 1992, 17 TexReg 2472. 1 GENERAL LAND OFFICE 17 HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND §17.9 Statement of Grounds https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18642&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18642 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18642&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18642 03/11/2026 When the administrative hearings clerk of the General Land Office receives a request for hearing or other pleading intended to initiate a hearing, the clerk shall determine whether the request for hearing or other pleading complies with these sections in form and content. If the request for hearing or other pleading complies with these sections in form and content, the clerk shall docket it as a pending proceeding, and shall number it in accordance with the established docket numbering system of the agency. Notice of such action shall be served on all parties of record. If the request for hearing or other pleading does not comply with these sections in form and content, the clerk shall return the request for hearing or other pleading to the sender to be amended in accordance with §17.12(d) of this title (relating to Pleadings). Source Note: The provisions of this §17.10 adopted to be effective April 22, 1992, 17 TexReg 2472. 1 GENERAL LAND OFFICE 17 HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND §17.10 Docketing and Notice https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=31072&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 31072 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=31072&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 31072 03/11/2026 (a) Notice of proceeding. In any administrative hearing, the clerk shall send a notice of hearing to each party of record at least 10 days prior to the hearing date.(b) Contents of notice. All notices required by these sections shall be sent by certified mail, return receipt requested, and shall contain the following:(1) a statement of the time, place, and nature of the hearing;(2) a statement citing the legal authority under which the hearing is to be held;(3) a short and plain statement of the matters asserted;(4) a statement citing the specific statute(s) or rule(s) involved; and(5) in the case of administrative penalties, the amount of penalties alleged to be due. Source Note: The provisions of this §17.11 adopted to be effective April 22, 1992, 17 TexReg 2472. 1 GENERAL LAND OFFICE 17 HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND §17.11 Notice https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18646&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18646 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18646&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18646 03/11/2026 (a) Classification of pleadings.(1) A pleading is any written document filed by a party alleging its claim, its response to a claim, or its request for specific relief or action.(2) All pleadings must be in writing, must be filed as required in §17.3 of this title (relating to Filing of Documents), and must be served on all parties of record.(3) Pleadings shall be classified as applications or petitions, statement of grounds, prehearing and post-hearing briefs, protests, responses, complaints, exceptions, replies, motions, or answers. Any error in the designation of a pleading shall not prevent it from being accorded its true status in the proceeding in which it is filed.(b) Service of pleadings. A copy of each pleading must be sent or delivered to each party of record or to the designated representative of such party of record at the time the pleading is filed with the agency.(c) Form and content of pleadings. All pleadings shall have the following:(1) the name, address, and telephone number of the party filing the document and the name, business address, telephone number, and fax number of its representative, if applicable;(2) a concise statement of the facts relied upon and the legal basis for the relief sought;(3) a prayer stating the specific relief, action, or order sought by the pleader; and(4) a certificate of service stating that a copy of the pleading has been sent or delivered to each party of record.(d) Amended pleadings. A pleading may be amended at any time unless the amendment would operate as a surprise to another party or delay a hearing, unless a delay is necessary to prevent injustice or to protect the public interest. An amended pleading which operates as a surprise to another party may be allowed upon a written motion and a showing that no harm will result from such pleading.(e) Incorporation of agency records by reference. Any pleading may adopt and incorporate by specific reference any document or entry, or any part thereof, in the official files and records of the General Land Office. This section shall not act to relieve any party from the necessity of alleging and providing those facts necessary to sustain its burden of proof as imposed by law or by agency rule. Source Note: The provisions of this §17.12 adopted to be effective April 22, 1992, 17 TexReg 2472. 1 GENERAL LAND OFFICE 17 HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND §17.12 Pleadings https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18644&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18644 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18644&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18644 03/11/2026 (a) Any motion in any proceeding, unless made on the record during a hearing, shall be in writing, shall be filed in accordance with §17.3 of this title (relating to Filing of Documents), shall be served on all parties of record, and shall set forth the relief sought and the specific reasons and grounds for such relief. If based upon matters which do not appear of record, it shall be supported by written affidavit or certificate. If the movant desires an oral argument on the motion before the examiner, the motion shall so state.(b) If the party filing a response to a motion desires an oral argument on the motion before the examiner, the response to the motion shall so state. Source Note: The provisions of this §17.13 adopted to be effective April 22, 1992, 17 TexReg 2472. 1 GENERAL LAND OFFICE 17 HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND §17.13 Motions before the Examiner and Responses to Motions before the Examiner https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=28484&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 28484 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=28484&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 28484 03/11/2026 The hearing examiner may require that prepared testimony and exhibits be prefiled and served on all other parties of record prior to the date set for hearing on any pleading. Source Note: The provisions of this §17.14 adopted to be effective April 22, 1992, 17 TexReg 2472. 1 GENERAL LAND OFFICE 17 HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND §17.14 Prefiled Testimony and Exhibits https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18640&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18640 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18640&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18640 03/11/2026 A party may, at any time in the administrative process, indicate acceptance of the opposing position on any of the issues presented by filing a motion to retract. The motion to retract shall concisely state which issue or issues are no longer in controversy and need not be considered in a hearing. Source Note: The provisions of this §17.15 adopted to be effective April 22, 1992, 17 TexReg 2472. 1 GENERAL LAND OFFICE 17 HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND §17.15 Motions To Retract https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=31073&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 31073 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=31073&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 31073 03/11/2026 The hearing examiner may dismiss a proceeding without a hearing, with or without prejudice, for any of the following reasons:(1) failure to comply in a timely manner with any requirement of this chapter or to respond to any directive of the hearing examiner with regard to the matter in issue;(2) unnecessary duplication of proceedings or res judicata;(3) withdrawal of petition or upon submission of a motion to retract;(4) moot questions or obsolete petitions;(5) lack of agency jurisdiction; or(6) withdrawal of a preliminary report. Source Note: The provisions of this §17.16 adopted to be effective April 22, 1992, 17 TexReg 2472. 1 GENERAL LAND OFFICE 17 HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND §17.16 Dismissal without Hearing https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18647&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18647 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18647&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18647 03/11/2026 (a) The hearing examiner may, by written notice, either on his own initiative or in response to a request by one of the parties, direct the parties or their representatives to appear before him at a specified time and place for a conference with the examiner to consider any of the following:(1) formulation or simplification of issues;(2) admissions, stipulations of fact or stipulations concerning the use of public records, or other evidence;(3) hearing procedures;(4) limitation, where possible, of the number of witnesses; or(5) any other matters which may aid in shortening or simplifying the proceedings, or in the disposition of matters in controversy.(b) Action taken at a prehearing conference shall be recorded by the examiner, or by an official or licensed court reporter, or reduced to writing by the parties and filed as a part of the record of the proceeding. Source Note: The provisions of this §17.17 adopted to be effective April 22, 1992, 17 TexReg 2472. 1 GENERAL LAND OFFICE 17 HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND §17.17 Prehearing Conference https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18648&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18648 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18648&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18648 03/11/2026 Two or more proceedings may be consolidated upon written notice by the hearing examiner or upon written motion of a party filed as provided in §17.3 of this title (relating to Filing of Documents) and served on all parties of record prior to the hearing date. Protest to such motion and to the examiner's ruling shall be made as provided in §17.12 of this title (relating to Pleadings). No proceedings shall be consolidated or heard jointly without either consent of all parties involved or a finding by the examiner that the proceedings to be consolidated or heard jointly involve common questions of law or fact, or both, and that separate hearings would result in unwarranted expense, delay, or injustice. Separate hearings on specific issues may be allowed by the examiner after consolidation of proceedings. Source Note: The provisions of this §17.18 adopted to be effective April 22, 1992, 17 TexReg 2472. 1 GENERAL LAND OFFICE 17 HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND §17.18 Motion for Consolidation https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18649&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18649 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18649&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18649 03/11/2026 A motion for postponement or continuance shall be in writing, shall be filed in accordance with §17.3 of this title (relating to Filing of Documents), and shall be served on all parties of record prior to the hearing date. The motion shall set forth the specific grounds upon which it is sought. Protest to such motion and to the examiner's ruling shall be made as provided in §17.12 of this title (relating to Pleadings). Within 10 days prior to a hearing, or during a hearing, a postponement may be granted by an examiner only if good cause is shown upon either oral (by conference call if a hearing is not in progress) or written motion. Source Note: The provisions of this §17.19 adopted to be effective April 22, 1992, 17 TexReg 2472. 1 GENERAL LAND OFFICE 17 HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND §17.19 Motion for Postponement or Continuance https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3503&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3503 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3503&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3503 03/11/2026 (a) A hearing shall be held, unless otherwise provided by the hearing examiner, within 30 days of receipt of the request for hearing.(b) All administrative proceedings shall be conducted in Austin, unless for good cause the examiner designates another place for the hearing. Source Note: The provisions of this §17.20 adopted to be effective April 22, 1992, 17 TexReg 2472. 1 GENERAL LAND OFFICE 17 HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND §17.20 Time and Place of Hearings https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18652&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18652 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18652&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18652 03/11/2026 (a) Hearings shall be held by a hearing examiner designated by the commissioner. The hearing examiner shall make findings of fact and promptly issue to the commissioner a written decision as to the unauthorized nature of the structure, the imposition of penalties, and the need for removal of the structure and make a recommendation as to the removal requirements, the amount of any proposed penalty and costs, or both.(b) A hearing examiner assigned to a particular proceeding or case shall have the authority to:(1) convene a hearing;(2) administer oaths to all persons presenting testimony;(3) rule on motions;(4) rule on the admissibility of evidence;(5) designate and align parties and establish the order for presentation of evidence;(6) examine witnesses;(7) set hearing dates;(8) set prehearing conferences;(9) when required, issue subpoenas to compel the attendance of witnesses or the production of papers and documents related to a hearing;(10) commission and require the taking of depositions;(11) define the jurisdiction of the General Land Office concerning the matter under consideration;(12) limit testimony to matters within the jurisdiction of the General Land Office;(13) ensure that information and testimony are introduced as conveniently and expeditiously as possible without prejudicing the rights of any party to the proceeding;(14) recess, continue, or reschedule any hearing; and(15) exercise any other appropriate powers necessary or convenient to carry out the examiner's responsibilities.(c) If a hearing examiner fails for any reason to complete an assigned case before a proposal for decision is prepared, the commissioner may designate another examiner to complete the assigned case without the necessity for duplicating any duty or function performed by the previous examiner. Source Note: The provisions of this §17.21 adopted to be effective April 22, 1992, 17 TexReg 2472. 1 GENERAL LAND OFFICE 17 HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND §17.21 Hearing Examiner https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18650&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18650 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18650&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18650 03/11/2026 The General Land Office and all persons named in the hearing notice are parties to the hearing. Except for good cause, no person shall be admitted as a party unless the written request is received by the administrative hearings clerk of the General Land Office in Austin by the time set in the notice. The examiner shall notify, in writing or by telephone, if necessary, the persons admitted and the other parties. At the hearing, only those persons admitted as parties will be permitted to present evidence and argument and to cross-examine witnesses. The commissioner or his designee shall determine by whom and in what manner the agency will be represented at a hearing. Source Note: The provisions of this §17.22 adopted to be effective April 22, 1992, 17 TexReg 2472. 1 GENERAL LAND OFFICE 17 HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND §17.22 Parties to the Hearings https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=31074&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 31074 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=31074&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 31074 03/11/2026 (a) The examiner shall open the hearing and make a concise statement of its scope and purposes. A record of all proceedings during such hearing shall be made. Once the hearing has begun, parties or their representatives may be off the record only when permitted by the examiner. If a discussion off the record is determined by the examiner to be pertinent to the issues to be decided in the hearing, the examiner may summarize such discussion for the record. Appearances by all parties or their representatives, and any witnesses who may testify during their proceeding, are to be entered in the record. All witnesses present who may testify will then be placed under oath. Thereafter, parties may present motions or opening statements.(b) Following opening statements, if any, the party with the burden of proof may be directed to proceed with its direct case.(c) Where the proceeding is initiated by the General Land Office, or where several proceedings are heard on a consolidated record, the examiner shall designate which party shall open and close and the stage at which other parties shall be permitted to offer evidence. The party with the burden of proof shall be entitled to open and to close.(d) Opportunity for cross-examination of witnesses and presentation of a direct case shall be afforded all parties of record. After all parties have completed the presentation of their evidence and have been afforded the opportunity to ask clarifying questions and to cross-examine opposition witnesses, closing statements may be allowed.(e) The parties may, by agreement, alter the order of these proceedings with the consent of the hearing examiner. Source Note: The provisions of this §17.23 adopted to be effective April 22, 1992, 17 TexReg 2472. 1 GENERAL LAND OFFICE 17 HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND §17.23 Order of Procedure https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18653&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18653 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18653&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18653 03/11/2026 (a) All contested cases shall be recorded on audio tape, cassette, or by an official or licensed court reporter. Upon written request by any party, a transcript shall be made of the hearing. The cost of such transcript shall be borne by the requesting party. As many copies of the transcript as may be required for the purposes of the General Land Office shall be made by such requesting party and filed with the hearing examiner. No copies of the transcript will be furnished to the parties by the General Land Office, but copies may be purchased from the official reporter upon payment of applicable charges.(b) Errors claimed in any transcription shall be noted in writing and suggested corrections may be offered within 10 days after the transcript is filed with the examiner. Such time for suggested corrections may be extended by the examiner. Suggested corrections shall be served in writing upon each party of record and upon the examiner. If not objected to within 10 days after being offered, the examiner shall direct that such suggested corrections be made and shall stipulate the manner of making such corrections. In the event that parties disagree on suggested corrections, the examiner, with the aid of argument and testimony from the parties, shall then determine the manner in which the record shall be changed. Source Note: The provisions of this §17.24 adopted to be effective April 22, 1992, 17 TexReg 2472. 1 GENERAL LAND OFFICE 17 HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND §17.24 Reporters and Transcripts https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3504&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3504 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3504&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3504 03/11/2026 Formal exceptions to rulings of the examiner during a hearing shall not be necessary in order to preserve an objection until a later stage of the proceeding. Source Note: The provisions of this §17.25 adopted to be effective April 22, 1992, 17 TexReg 2472. 1 GENERAL LAND OFFICE 17 HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND §17.25 Formal Exceptions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18645&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18645 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18645&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18645 03/11/2026 When testimony is excluded by ruling of the examiner, a party shall be permitted to offer such testimony by dictating it into the record or by submitting the substance of the proposed testimony, in writing, prior to the conclusion of the hearing. Such an offer of proof shall be sufficient to preserve such offer for review by the commissioner. The examiner may ask such questions of a witness as are necessary to determine that the witness would, if allowed, testify as represented in the offer of proof. Source Note: The provisions of this §17.26 adopted to be effective April 22, 1992, 17 TexReg 2472. 1 GENERAL LAND OFFICE 17 HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND §17.26 Offer of Proof https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18651&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18651 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18651&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18651 03/11/2026 Prior to any final order of the commissioner, a party may seek, upon motion submitted to the hearing examiner, approval of a written interim order on any substantive issue where the facts are not disputed. An interim order shall not be subject to exceptions or application for rehearing until the close of the hearing and the proposal for decision is filed, but any party who would be aggrieved by such an interim order shall be provided an opportunity to file a motion to set aside, or to modify such interim order within three days before such order is entered. Source Note: The provisions of this §17.27 adopted to be effective April 22, 1992, 17 TexReg 2472. 1 GENERAL LAND OFFICE 17 HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND §17.27 Interim Order https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3505&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3505 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3505&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3505 03/11/2026 Oral testimony shall be presented under oath administered by the examiner. Source Note: The provisions of this §17.28 adopted to be effective April 22, 1992, 17 TexReg 2472. 1 GENERAL LAND OFFICE 17 HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND §17.28 Witnesses To Be Sworn https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18654&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18654 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18654&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18654 03/11/2026 The rules of evidence as applied in nonjury civil cases in the district courts of this state shall be followed. Irrelevant, immaterial, or unduly repetitious evidence may be excluded. When necessary to ascertain facts not reasonably susceptible to proof under those rules, evidence not admissible under them may be admitted (except where precluded by statute) if it is of a type commonly relied upon by reasonably prudent people in the conduct of their affairs. The rules of privilege recognized by law shall be effective in agency proceedings. Objections to evidentiary offers may be made and shall be noted in the record. Subject to these requirements, if a hearing will be expedited and the interests of the parties will not be prejudiced substantially, any part of the evidence may be received in writing. Source Note: The provisions of this §17.29 adopted to be effective April 22, 1992, 17 TexReg 2472. 1 GENERAL LAND OFFICE 17 HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND §17.29 Rules of Evidence https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18655&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18655 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18655&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18655 03/11/2026 Official notice may be taken of judicially cognizable facts and of generally recognized facts within an area of General Land Office specialized knowledge or expertise, and the special skills or knowledge of the agency and its staff may be utilized in evaluating the evidence. Parties shall be notified of the material noticed, including any staff memoranda or data, and shall be afforded an opportunity to contest the material so noticed. Source Note: The provisions of this §17.30 adopted to be effective April 22, 1992, 17 TexReg 2472. 1 GENERAL LAND OFFICE 17 HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND §17.30 Official Notice https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18656&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18656 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18656&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18656 03/11/2026 (a) Documentary evidence may be received in the form of copies or excerpts where an original document is not readily available. On request, however, parties shall be given an opportunity to compare the copy with the original.(b) Where a large number of similar documents is offered, the examiner may limit those admitted to a representative sample and may require the abstracting of relevant data from the documents and presentation of the abstracts in the form of an exhibit. The examiner shall allow all parties of record, or their representatives, an opportunity to examine the documents from which such abstracts are made. Source Note: The provisions of this §17.31 adopted to be effective April 22, 1992, 17 TexReg 2472. 1 GENERAL LAND OFFICE 17 HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND §17.31 Documentary Evidence https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=31075&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 31075 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=31075&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 31075 03/11/2026 Where a proceeding will be expedited and the interests of the parties will not be substantially prejudiced, evidence may be received in written form. The prepared testimony of a witness upon direct examination, either in narrative or question-and-answer form, may be incorporated into the record as if read or received as an exhibit. A witness upon direct examination shall be sworn and shall identify the prepared testimony as a true and accurate reflection of what the testimony would be if given orally. The witness shall be subject to cross-examination and the prepared testimony shall be subject to a motion to strike either in whole or in part. Source Note: The provisions of this §17.32 adopted to be effective April 22, 1992, 17 TexReg 2472. 1 GENERAL LAND OFFICE 17 HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND §17.32 Admissibility of Prepared Testimony and Exhibits https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18658&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18658 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18658&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18658 03/11/2026 Exhibits of documentary character shall not unduly encumber the files and records of the General Land Office.(1) Tender and service. Where practical, the original of each exhibit offered shall be tendered to the examiner for identification. At the discretion of the examiner, a copy of an original exhibit may be accepted in lieu of the original. One copy shall be furnished to the examiner and one copy shall be furnished to each party of record or its representative. Written or printed documents and maps received in evidence may not be withdrawn except with the approval of the examiner.(2) Excluded exhibits. If an exhibit is identified, objected to, and excluded, the party offering the exhibit may withdraw the exhibit and the examiner may permit its return. If the excluded exhibit is not withdrawn, it shall be identified, endorsed with the examiner's ruling, and included in the record for the limited purpose of preserving an exception to the examiner's ruling. Source Note: The provisions of this §17.33 adopted to be effective April 22, 1992, 17 TexReg 2472. 1 GENERAL LAND OFFICE 17 HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND §17.33 Introduction of Exhibits https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=32311&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 32311 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=32311&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 32311 03/11/2026 The examiner shall have the right in any proceeding to limit testimony which is merely cumulative. Source Note: The provisions of this §17.34 adopted to be effective April 22, 1992, 17 TexReg 2472. 1 GENERAL LAND OFFICE 17 HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND §17.34 Testimony Limited https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18657&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18657 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18657&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18657 03/11/2026 (a) Post-hearing briefs may be requested by the examiner prior to and after the filing of the examiner's proposal for decision.(b) Briefs shall conform, where practicable, to the requirements set out in §17.12 of this title (relating to Pleadings). The issues involved shall be concisely stated, the evidence adduced in the hearing in support of each contention shall be summarized, and the arguments and authorities shall be organized and directed to each contention in a concise and logical manner. Source Note: The provisions of this §17.35 adopted to be effective April 22, 1992, 17 TexReg 2472. 1 GENERAL LAND OFFICE 17 HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND §17.35 Post-hearing Briefs https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18659&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18659 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18659&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18659 03/11/2026 (a) Contents of record. The record in a contested case includes:(1) all pleadings, motions, briefs, and interim orders;(2) evidence received or considered;(3) a statement of matters officially noticed;(4) questions and offers of proof, objections, and rulings on objections;(5) any decision, opinion, or report by the examiner presiding at the hearing;(6) all staff memoranda or data submitted to or considered by the hearing examiner or members of the agency who are involved in making the decision;(7) proposed findings and exceptions;(8) any findings of fact or conclusions of law;(9) the final order of the commissioner.(b) Findings of fact. Findings of fact shall be based exclusively on the evidence presented and on matters officially noticed. Source Note: The provisions of this §17.36 adopted to be effective April 22, 1992, 17 TexReg 2472. 1 GENERAL LAND OFFICE 17 HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND §17.36 The Record https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18660&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18660 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18660&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18660 03/11/2026 In either a contested or an uncontested case, if the commissioner has not personally heard the evidence in the case or read the entire record, a decision adverse to a party other than the agency shall not be issued until after a proposal for decision has been prepared by the hearing examiner, served on all parties, and each party has been afforded the opportunity to file exceptions and present briefs to the commissioner. If any party files exceptions or presents briefs, an opportunity must be afforded to all other parties to file replies to the exceptions or briefs. A proposal for decision must contain a statement of the issues in dispute, the reasons for the proposed decision, and findings of fact and conclusions of law necessary to support the proposed decision. Such examiner's proposal for decision shall be prepared by the hearing examiner and served on all parties of record within 30 days after conclusion of the evidence in the case, unless the hearing examiner, at that time, specifies a longer period of time within which the proposal for decision may be issued. Source Note: The provisions of this §17.37 adopted to be effective April 22, 1992, 17 TexReg 2472. 1 GENERAL LAND OFFICE 17 HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND §17.37 Proposal for Decision https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18661&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18661 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18661&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18661 03/11/2026 (a) Any party of record may, within 10 days after service of the examiner's proposal for decision, file with the commissioner exceptions to the proposal for decision. Replies to such exceptions shall be filed within seven days after the date of the filing of exceptions. The examiner may extend the time for filing of exceptions and replies. A request for extension of time within which to file exceptions or replies shall be filed with the examiner and shall be served on all parties of record prior to the expiration of the relevant filing period. The examiner shall rule promptly on requests for extension of time and notify all parties of such ruling.(b) Exceptions and replies to exceptions shall concisely state, with particularity, the relied upon evidence, arguments, and legal authority.(c) Upon the expiration of the time for filing exceptions or replies to exceptions, or after such replies and exceptions have been filed and considered, the examiner's proposal for decision shall be considered by the commissioner, who shall render a decision and issue an order. Source Note: The provisions of this §17.38 adopted to be effective April 22, 1992, 17 TexReg 2472. 1 GENERAL LAND OFFICE 17 HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND §17.38 Filing of Exceptions and Replies https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=120605&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 120605 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=120605&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 120605 03/11/2026 (a) Based on the findings of fact and the recommendations of the hearing examiner, the commissioner, by order, may find that a violation has occurred and assess a penalty and costs and/or order the removal and disposal of an unauthorized structure or facility, or may find that no violation occurred.(b) If the commissioner finds that a violation has occurred and assesses a penalty or orders the removal and disposal of an unauthorized structure or facility, the commissioner shall give the owner or operator charged, lienholders, and any party to the administrative hearing written notice of:(1) the commissioner's findings;(2) the amount of the penalty and costs and/or the terms of the order for removal and disposal of the structure or facility; and(3) the right of the owner or operator, lienholder, and any party to the administrative hearing to judicial review of the commissioner's order.(c) Not later than the 20th day after the date on which the notice is served in accordance with subsection (b) of this section, the owner or operator charged may consent in writing to the report, including the commissioner's recommendations, or the owner or operator charged or any party to the administrative hearing may file a motion for rehearing in accordance with Texas Government Code, §2001.141, et seq.(d) 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, in accordance with agency rules, a party submitted proposed findings of fact, the decision shall include a ruling on each proposed finding. Parties shall be notified either personally or by first class mail of any decision or order. When an agency 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.(e) The 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 examiner's proposal for decision, unless the hearing examiner, at the conclusion of the hearing, specifies a longer period of time within which the order may be issued.(f) The parties may by agreement, with the approval of the agency, provide for a modification of the times provided in this section. Source Note: The provisions of this §17.39 adopted to be effective April 22, 1992, 17 TexReg 2472; amended to be effective August 4, 2005, 30 TexReg 4334. 1 GENERAL LAND OFFICE 17 HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND §17.39 Commissioner's Orders https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18664&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18664 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18664&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18664 03/11/2026 Except as provided in §17.44 of this title (relating to Emergency Orders), a motion for rehearing is a prerequisite to an appeal. A motion for rehearing must be filed by a party within 20 days after the date the party or the attorney of record is notified of the final decision or order as required by §17.39 of this title (relating to Commissioner's Orders). Replies to a motion for rehearing must be filed with the agency within 30 days after the date that the party or the attorney of record is notified of the final decision or order as required by §17.39 of this title. If agency action is not taken within the 45-day period, the motion for rehearing is overruled by operation of law 45 days after the date the party or the attorney of record is notified of the final decision or order required by §17.39 of this title. The commissioner may, by written order, extend the period of time for filing motions for rehearing and replies and for agency action on a motion for rehearing except that an extension may not extend the period for agency action beyond 90 days after the date that the parties of record are notified of the commissioner's order as required by §17.39 of this title. In the event of an extension, the motion for rehearing is overruled by operation of law on the date fixed by the order or in the absence of a fixed date, 90 days after the date the party or the attorney of record is notified of the final decision or order as required by §17.39 of this title. Source Note: The provisions of this §17.40 adopted to be effective April 22, 1992, 17 TexReg 2472. 1 GENERAL LAND OFFICE 17 HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND §17.40 Rehearing https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=120607&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 120607 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=120607&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 120607 03/11/2026 (a) Not later than the 30th day after the date on which the commissioner's order is effective, pursuant to §17.43 of this title (relating to Effective Date of Order), the order shall be complied with or a petition for judicial review shall be filed.(b) Judicial review of the order or decision of the commissioner shall be under the Texas Government Code, §2001.171, et seq.(c) If neither the commissioner nor the party affected by the order files a petition for judicial review, the private party must pay all assessed penalties, removal costs, and other assessed fees, costs and expenses within 60 days after the date on which the commissioner's order is final. If the private party neither seeks judicial review nor pays the full assessed amount within 60 days, the commissioner may:(1) sell salvageable parts or attachments of the unauthorized or dangerous structure to offset any penalties, costs, and other fees and expenses assessed;(2) record a lien against such adjacent littoral property, as may be owned by the party who constructed, maintained, owned or possessed the unauthorized or dangerous structure, in the total amount of the penalties, costs, and other fees and expenses assessed;(3) request the attorney general to institute civil proceedings to collect the penalties, costs, and other fees and expenses remaining unpaid; or(4) use any combination of the remedies prescribed by this subsection or other remedies authorized by law to collect the unpaid penalties, costs, and other fees and expenses assessed.(d) For purposes of this section, the term "costs" includes any and all costs of removal, clean up, transportation, fill, disposal, remediation, administration, agency overhead and other indirect costs (computed according to custom and practice in the agency and state government), attorney and/or expert witness fees, and any other cost the agency incurs as a result of removing and disposing of the unauthorized or dangerous structure and placing state land as nearly as possible in the condition in which it existed prior to construction of the unauthorized or dangerous structure. The agency may recover all such costs, without limitation, whether performing the activities itself using agency employees or by using third-party vendors or contractors with the agency. Source Note: The provisions of this §17.41 adopted to be effective April 22, 1992, 17 TexReg 2472; amended to be effective February 7, 1996, 21 TexReg 664; amended to be effective August 4, 2005, 30 TexReg 4334. 1 GENERAL LAND OFFICE 17 HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND §17.41 Compliance or Petition for Judicial Review https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18662&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18662 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18662&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18662 03/11/2026 Administrative action shall become final upon the occurrence of any of the following:(1) failure to submit a written request for a hearing not later than the 30th day after the date on which the notice is served in accordance with §17.7(d) of this title (relating to Initiation of General Land Office Action);(2) issuance by the commissioner of an order and failure to file a motion for rehearing in accordance with §17.40 of this title (relating to Rehearing); or(3) issuance by the commissioner of an order and denial of a motion for rehearing, either expressly or by operation of law; or(4) issuance by the commissioner of an order which includes a statement that no motion for rehearing will be entertained because the threat of imminent peril to the public health, safety, or welfare requires immediate effect be given to such order. Source Note: The provisions of this §17.42 adopted to be effective April 22, 1992, 17 TexReg 2472. 1 GENERAL LAND OFFICE 17 HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND §17.42 Administrative Finality https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3506&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3506 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3506&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3506 03/11/2026 The effective date of an order, unless otherwise stated, is the date of its signing by the commissioner. That date shall be incorporated into the body of the order. Source Note: The provisions of this §17.43 adopted to be effective April 22, 1992, 17 TexReg 2472. 1 GENERAL LAND OFFICE 17 HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND §17.43 Effective Date of Order https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=28485&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 28485 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=28485&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 28485 03/11/2026 If the commissioner finds that an imminent peril to public health, safety, or welfare requires immediate effect of an order, such finding shall be stated in the order. The commissioner shall also state that such order is final and effective from and after the date signed. Such an order shall be final and appealable from and after the date signed and no motion for rehearing shall be required as a prerequisite for appeal. Source Note: The provisions of this §17.44 adopted to be effective April 22, 1992, 17 TexReg 2472. 1 GENERAL LAND OFFICE 17 HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND §17.44 Emergency Order https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18666&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18666 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18666&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18666 03/11/2026 The commissioner may, at any time after notice to all interested parties, cite any person or agency under his jurisdiction to appear at a public hearing and require such person or agency to show cause why it should not comply with any applicable statute, rule, regulation, or general order of the General Land Office relating to the Texas Natural Resources Code, §51.302, with which it is allegedly in noncompliance or why the agency should not take a particular action permitted by law. All such show cause hearings shall be conducted in accordance with the provisions of these sections. Source Note: The provisions of this §17.45 adopted to be effective April 22, 1992, 17 TexReg 2472. 1 GENERAL LAND OFFICE 17 HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND §17.45 Show Cause Orders and Complaints https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=120608&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 120608 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=120608&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 120608 03/11/2026 Unless otherwise authorized by law, a hearing examiner in a contested case may not communicate, directly or indirectly, with any agency, person, party, or its representative regarding any issue of fact or law relating to such case, except on notice and opportunity for all parties to participate. Pursuant to the authority provided in the Texas Government Code, §2001.061, however, the commissioner, chief clerk, or an employee of the General Land Office who is assigned to render a decision or to make findings of fact and conclusions of law in a contested case may communicate ex parte with employees of the General Land Office who have not participated in any way in preparation for or as a participant or witness in such contested case in order to utilize the special skills of the agency and its staff in evaluating the evidence. Source Note: The provisions of this §17.46 adopted to be effective April 22, 1992, 17 TexReg 2472; amended to be effective August 4, 2005, 30 TexReg 4334. 1 GENERAL LAND OFFICE 17 HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND §17.46 Ex Parte Communications https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=120609&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 120609 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=120609&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 120609 03/11/2026 (a) The issuance of subpoenas in any proceeding shall be governed by the Texas Government Code, §2001.089. The General Land Office may issue subpoenas addressed to any sheriff or constable to require the attendance of witnesses and the production of books, records, papers, or other objects as may be necessary and proper for the purposes of a proceeding. A subpoena may be issued by the commissioner, the chief clerk, or during the course of a hearing, by a hearing examiner.(b) Motions for subpoenas to compel the production of books, records, papers, or other objects shall be addressed to the hearing examiner, shall be verified, and shall specify as specifically as possible the books, records, papers, or other objects desired.(c) Subpoenas shall be issued only after a showing of good cause and after the deposit of sufficient funds to ensure payment of expenses incident to the issuance of such subpoenas. Service of subpoenas and payment of witness fees shall be made in the manner prescribed in the Texas Government Code, §2001.103.(d) A witness or deponent who is not a party and who is subpoenaed or otherwise compelled to attend any hearing or proceeding to give a deposition or to produce books, records, papers, or other objects that may be necessary and proper for the purposes of the proceeding under the authority of this section is entitled to receive:(1) mileage of $.10 a mile, or a greater amount as prescribed by agency rule, for going to, and returning from the place of the hearing or the place where the deposition is taken, if the place is more than 25 miles from the person's place of residence; and(2) a fee of $10 a day, or a greater amount as prescribed by agency rule, for each day or part of a day the person is necessarily present as a witness or deponent.(e) Mileage and fees to which a witness is entitled under this section shall be paid by the party or agency at whose request the witness appears or the deposition is taken, on presentation of proper vouchers sworn by the witness and approved by the agency. Source Note: The provisions of this §17.47 adopted to be effective April 22, 1992, 17 TexReg 2472; amended to be effective August 4, 2005, 30 TexReg 4334. 1 GENERAL LAND OFFICE 17 HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND §17.47 Subpoenas https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=120610&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 120610 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=120610&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 120610 03/11/2026 The taking and use of depositions in any proceeding shall be governed by the Texas Government Code, §2001.081, et seq. Source Note: The provisions of this §17.48 adopted to be effective April 22, 1992, 17 TexReg 2472; amended to be effective August 4, 2005, 30 TexReg 4334. 1 GENERAL LAND OFFICE 17 HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND §17.48 Depositions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3508&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3508 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3508&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3508 03/11/2026 Appeals from any final judgment of the district court may be taken by any party in the manner provided for in civil actions generally, but no appeal bond may be required of an agency. Source Note: The provisions of this §17.49 adopted to be effective April 22, 1992, 17 TexReg 2472. 1 GENERAL LAND OFFICE 17 HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND §17.49 Appeals https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=120611&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 120611 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=120611&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 120611 03/11/2026 The remedies under Texas Natural Resources Code §51.302 and §51.3021 are cumulative and not exclusive. The Texas Natural Resources Code does not require exhaustion of administrative remedies as a condition precedent to any other remedy, nor does it prohibit any person from bringing an action at common law or under any other law consistent with Texas Natural Resources Code §51.302 and §51.3021. No such action shall collaterally estop or bar the commissioner in any proceeding under this chapter or under the Texas Natural Resources Code. Source Note: The provisions of this §17.50 adopted to be effective April 22, 1992, 17 TexReg 2472; amended to be effective August 4, 2005, 30 TexReg 4334. 1 GENERAL LAND OFFICE 17 HEARING PROCEDURES FOR ADMINISTRATIVE PENALTIES AND REMOVAL OF UNAUTHORIZED OR DANGEROUS STRUCTURES ON STATE LAND §17.50 Remedies Not Exclusive https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160398&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 160398 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160398&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 160398 03/11/2026 This subchapter establishes a final rule under the Oil Spill Prevention and Response Act of 1991 (OSPRA), Texas Natural Resources Code, Chapter 40, which became law March 28, 1991. OSPRA supports and complements the Oil Pollution Act of 1990 (OPA), Public Law 101-380, which became law on August 18, 1990. Source Note: The provisions of this §19.1 adopted to be effective February 21, 1992, 17 TexReg 1109; amended to be effective January 27, 2013, 38 TexReg 295. 1 GENERAL LAND OFFICE 19 OIL SPILL PREVENTION AND RESPONSE A GENERAL PROVISIONS §19.1 Purpose https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200685&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 200685 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200685&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 200685 03/11/2026 (a) The following words, terms, and phrases, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Coastal waters--All tidally influenced waters extending from the head of tide in the arms of the Gulf of Mexico seaward to the three marine league limit of Texas' jurisdiction; and non-tidally influenced waters extending from the head of tide in the arms of the Gulf of Mexico inland to the point at which navigation by regulated vessels is naturally or artificially obstructed. The term includes the entirety of the Gulf Intracoastal Waterway (GIWW) within Texas, and the following waters: starting from Echo, Texas, located in Orange County, and proceeding south on the Sabine River to the intersection with the GIWW, thence westerly along the GIWW, including Adams Bayou, to 0.7 miles upstream of IH-10, and Cow Bayou, to IH-10. This includes the Neches River in Orange County to 7.0 miles upstream of IH-10. Then along the GIWW towards Port Arthur, including Taylors Bayou south of Highway 73. From Port Arthur along the GIWW to, and including, East Bay, Trinity Bay, Cedar Bayou to 1.4 miles upstream of IH-10 in Harris/Chambers County, Lynchburg Canal to 29 degrees 41'00"N, 94 degrees 59'00"W, San Jacinto River in Harris County to the Lake Houston Dam, and the Houston Ship Channel to the turning basin. Tidal tributaries of the Houston Ship Channel include: Buffalo Bayou to .25 miles upstream of Shepherd Drive, Brays Bayou to the Broadway Street Bridge, Sims Bayou to Highway 225, Vince Bayou to North Ritchie Street, Hunting Bayou to I-10, Greens Bayou to I-10, Boggy Bayou to Highway 225, Tucker Bayou to Old Battleground Road, Carpenter's Bayou to Sheldon Road, and Goose Creek to Highway 146. Proceed south and include Barbours Cut, Bayport Channel, Clear Lake to .063 miles upstream of FM 528 in Galveston/Harris County, Dickinson Bay, Dickinson Bayou 2.5 miles downstream of FM 517 in Galveston County, Moses Lake, Dollar Bay, Texas City Channel (including turning basin), Swan Lake, Jones Bay, and continuing at the junction of West Bay and the GIWW in Galveston County. Continue westerly along the GIWW to the Port of Freeport, including Greens Lake, Chocolate Bay, Chocolate Bayou to 2.6 miles downstream of SH 35, the Old Brazos River and the New Brazos River up to the Missouri-Pacific Railroad bridge in Brazoria County, and the Dow Barge Canal. Then southerly along the GIWW through and including Jones Lake and Creek, the San Bernard River to 2.0 miles upstream of SH 35, Cowtrap Lake, Matagorda Bay, the Colorado River to 1.3 miles downstream of the Missouri-Pacific Railroad in Matagorda County, to the Port of Bay City, Culver Cut (West Branch Colorado River to 28 degrees 42'N and the entire middle branch), Crab Lake, Oyster Lake, Tres Palacios Bay, Turtle Bay, Caranchua Bay, Keller Bay, Cox Bay, Lavaca Bay, Lavaca River to 5.3 miles downstream of U.S. 59 in Jackson County, Chocolate Bay/Bayou, Powderhorn Lake, Robinsons Lake, Blind Bayou, La Salle Bayou, Broad Bayou, and Boggy Bayou. Continuing southerly on GIWW from Port O'Connor through San Antonio Bay including: Guadalupe Bay, Mission Lake, Green Lake, Victoria Barge Canal, Guadalupe River to the Guadalupe-Blanco River Authority Salt Water Barrier 0.4 miles downstream of the confluence of the San Antonio River, Goff Bayou, Hog Bayou, Corey Bay, Buffalo Lake, Alligator Slide Lake, Twin Lake, Mustang Lake, and Jones Lake. Then continuing through Mesquite Bay including: Dunham Bay, Long Lake, Sundown Bay, and the Aransas Wildlife Refuge. Continuing southerly through St. Charles Bay including: Burgentine Bay/Burgentine Creek to 28 degrees 17'N, Salt Creek to 28 degrees 16'N, and Cavaso Creek to 97 degrees 01'W. Then through Copano Bay, including Copano Creek, Mission Bay, Mission River to 4.6 miles downstream of U.S. 77, Chiltipin Creek, Aransas River to 3.3 miles upstream of Chiltipin Creek in Refugio/San Patricio County, Swan Lake, Port Bay, and Salt Lake. Then southerly including: Little Bay, Aransas Bay, Conn Brown Harbor, Redfish Cove, Redfish Bay, La Quinta Channel, Nueces River to Calallen Dam 1.1 miles upstream of U.S. 77/IH 37 in Nueces/San Patricio County, Rincon Industrial Channel, Rincon Bayou, Nueces Bay, Tule Lake, Corpus Christi Inner Harbor, Oso Creek, Oso Bay, Cayo Del Oso, and Corpus Christi Bay. Continuing south, through and including Packery Channel, Laguna Madre, Baffin Bay, Alazan Bay, Cayo del Hinoso, Petrolino Creek from the confluence of Chiltipin Creek in Kleberg County to 0.6 miles upstream of private road crossing near Laurless Ranch, Cayo Del Infiernillo, Cayo del Grullo, Laguna Salada, Laguna de los Olmos, and Comitas Lake. Continuing through the Laguna Madre to Redfish Bay, Port Mansfield Harbor, Four Mile Slough, Cayo Atascosa, Laguna Atascosa, Arroyo Colorado Cutoff, El Realito Bay, Laguna Vista Cove, Port Isabel Harbor, Brownsville Ship Channel, Bahia Grande, Vadia Ancha, San Martin Lake, South Bay, and the Arroyo Colorado River to .063 miles downstream of Cemetery Road south of Port Harlingen in Cameron County. Then southerly to the Rio Grande River to 6.7 miles downstream of the International Bridge in Cameron County. Where the coastal area is defined by a body of water such as a bay or lake, it includes any small bays or lakes encompassed therein.(2) Commissioner--The commissioner of the General Land Office.(3) Discharge cleanup organization--A corporation, partnership, proprietorship, organization, or association that intends to make itself available to engage in response actions to abate, contain, or remove an unauthorized discharge or pollution or damage from an unauthorized discharge.(4) Environmentally sensitive areas--Streams and water bodies, aquifer recharge zones, springs, wetlands, bird rookeries, endangered and threatened species (flora and fauna) habitat, wildlife preserves or conservation areas, parks, beaches, dunes, or any other area protected or managed for its natural resource value.(5) Facility--Any waterfront or offshore pipeline, structure, equipment, or device used for the purposes of drilling for, pumping, storing, handling, or transferring oil and operating where a discharge of oil from the facility could threaten coastal waters, including but not limited to any such facility owned or operated by a public utility or a governmental or quasi-governmental body, but does not include any temporary storage facilities used only in connection with the containment and cleanup of unauthorized discharges of oil.(6) Fund--The coastal protection fund established under OSPRA.(7) Federal fund--The oil spill liability trust fund established under OPA.(8) Handle--To transfer, transport, pump, treat, process, store, dispose of, drill for, or produce.(9) Harmful quantity of oil--The presence of oil from an unauthorized discharge in a quantity sufficient either to create a visible film or sheen upon or discoloration of the surface of the water or a shoreline, tidal flat, beach, or marsh, or to cause a sludge or emulsion to be deposited beneath the surface of the water or on a shoreline, tidal flat, beach, or marsh.(10) National contingency plan--The plan prepared under the Federal Water Pollution Control Act (33 United States Code §1321 et seq.) and the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 United States Code §9601 et seq.), as revised from time to time.(11) Oil--Means oil of any kind or in any form, including but not limited to crude oil, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil, but does not include petroleum, including crude oil or any fraction thereof, which is specifically listed or designated as a hazardous substance under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), §101(14), Subparagraphs (A)-(F) (42 United States Code §9601 et seq.), and which is subject to the provisions of that Act, and which is so designated by the Texas Commission on Environmental Quality.(12) OPA--The Oil Pollution Act of 1990, Public Law 101-380.(13) OSPRA--The Oil Spill Prevention and Response Act of 1991, Natural Resources Code, Chapter 40.(14) Owner or operator--Any person, individual, partnership, corporation, association, governmental unit, or public or private organization of any character:(A) owning, operating or responsible for operating, or chartering by demise a vessel;(B) owning, operating, or responsible for operating a facility; or(C) operating a facility by lease, contract, or other form of agreement. The term does not include a person who owns only the land underlying a facility or a person who owns only a security interest in a vessel or facility if the person does not participate in the operation of the vessel or facility, does not own a controlling interest in the owner or operator of the vessel or facility, and is not controlled by or under common ownership with the owner or operator of the vessel or facility.(15) Regulated vessel--A vessel with a capacity to carry 10,000 U.S. gallons or more of oil as fuel or cargo.(16) Secondary Containment--appropriate and functioning impervious containment or diversionary structures or equipment, including walls and floors, that must capture and contain oil and are constructed to hold the full capacity of any discharge from the associated structure, or hold the full capacity of the largest primary containment structure in a system, so that the discharge will not escape the containment system before cleanup is complete. Secondary containment may include:(A) For onshore facilities:(i) Dikes, berms, retaining walls, and weirs;(ii) Culverts, gutters, and other draining systems;(iii) Curbing and drip pans;(iv) Sumps, retention ponds, and other collection systems; and(v) Double-walled tanks.(B) For offshore facilities:(i) Curbing and drip pans;(ii) Sumps, retention ponds, and collection systems; and(iii) Double-walled tanks.(17) Unauthorized discharge--Discharges; excluding those authorized by and in compliance with a government permit, seepage from the earth solely from natural causes, and unavoidable, minute discharges of oil from a properly functioning engine, of a harmful quantity of oil:(A) into coastal waters; or(B) on any waters or land adjacent to coastal waters where harmful quantities of oil may enter coastal waters or threaten to enter coastal waters if the discharge is not abated nor contained and the oil is not removed.(18) Underground storage tank--Any tank or container used for storing oil which is located completely under the surface of the earth. Tanks which are partially buried, or which are contained in aboveground vaults or other aboveground containment structures are not considered underground tanks for the purpose of certification requirements under these sections.(19) Underwriter--An insurer, a surety company, a guarantor, or any other person, other than an owner or operator of a vessel or facility, that undertakes to pay all or part of the liability of an owner or operator.(20) Waste--Oil or contaminated soil, debris, and other substances removed from coastal waters and adjacent waters, shorelines, estuaries, tidal flats, beaches, or marshes in response to an unauthorized discharge. Waste means any solid, liquid, or other material intended to be disposed of or discarded and generated as a result of an unauthorized discharge of oil. Waste does not include substances intended to be recycled if they are in fact recycled within 90 days of their generation or if they are brought to a recycling facility within that time.(21) Worst case unauthorized discharge--The largest foreseeable unauthorized discharge under adverse weather conditions. For facilities located above the high water line of coastal waters, a worst case discharge includes those occurring in weather conditions most likely to cause oil discharged from the facility to enter coastal waters.(22) Coastal Facility Designation Line--The Coastal Facility Designation Line delineates the area within which a facility may be subject to the certification requirements of §19.12 of this title (relating to Facility Certification). The line does not delineate OSPRA's response or notification requirements; rather, it gives notice to facilities located coastward of the line that they may be subject to facility certification requirements. A description of the coastal facility designation line and a map can be found in Appendix 1.Attached Graphic(23) Offshore--Located on submerged lands below mean high tide in coastal waters.(24) Waterfront--Located within 100 yards of coastal waters.(b) All other terms used in this chapter and defined in OSPRA have the meaning assigned to them by OSPRA. Source Note: The provisions of this §19.2 adopted to be effective February 21, 1992, 17 TexReg 1109; amended to be effective September 16, 1992, 17 TexReg 6009; amended to be effective May 14, 1993, 18 TexReg 2849; amended to be effective March 6, 1995, 20 TexReg 1261; amended to be effective October 30, 2002, 27 TexReg 10036; amended to be effective September 18, 2003, 28 TexReg 7994; amended to be effective January 27, 2013, 38 TexReg 295; amended to be effective August 9, 2020, 45 TexReg 5361. 1 GENERAL LAND OFFICE 19 OIL SPILL PREVENTION AND RESPONSE A GENERAL PROVISIONS §19.2 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=77941&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 77941 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=77941&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 77941 03/11/2026 (a) Officers, employees, or authorized agents of the General Land Office (GLO) may enter and inspect any land, building, facility, vessel, device, equipment, or other property to respond to an unauthorized discharge, to determine compliance or noncompliance with OSPRA or any rule, order, or certificate issued under OSPRA, to ascertain discharge prevention and response capability, and to assess natural resources damages. Drills, audits, and inspections may be announced or unannounced. If unannounced, the GLO will make a reasonable effort to obtain the consent of the owner of the vessel or facility prior to entry. In the event of a response to an unauthorized discharge of oil or the threat of an unauthorized discharge of oil, the GLO will also make a reasonable effort to obtain consent; this effort will be consistent with the need for prompt abatement and containment actions for the protection of health, safety, and natural resources. A reasonable effort to obtain consent means that a readily identifiable owner or owner's representative has been informed of the GLO's authority to undertake the proposed actions requiring entry and that the purpose of the entry has been described and the owner and or his representative have been afforded the opportunity to accompany the GLO during the audit or inspection or to be kept informed of GLO activities during a response event.(b) The GLO's officers, employees, and agents will present credentials and explain the purpose and scope of the requested entry onto private property. Upon gaining access to the property, the GLO's representative may:(1) sample and test any substance or environmental media;(2) observe the performance of equipment;(3) take photographs and videotapes and other recordings;(4) review and copy documents;(5) inspect discharge prevention and response equipment and supplies;(6) inspect containment and drainage areas and any other portion of the facility or vessel where oil is handled.(c) The GLO's officers, employees, and agents must observe a vessel's or facility's standard safety requirements. Standard safety requirements as set forth in the Occupational Safety and Health Act (OSHA) (29 United States Code Annotated §651 et seq.) and applicable regulations or in any State of Texas statute or rule will be observed. Any additional or other requirement imposed by the owner or operator will be observed only to the extent that it does not unreasonably hinder the objective of the authorized entry. Source Note: The provisions of this §19.3 adopted to be effective February 21, 1992, 17 TexReg 1109; amended to be effective March 6, 1995, 20 TexReg 1261. 1 GENERAL LAND OFFICE 19 OIL SPILL PREVENTION AND RESPONSE A GENERAL PROVISIONS §19.3 Inspections and Access to Property https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160400&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 160400 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160400&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 160400 03/11/2026 (a) Upon written request, the commissioner may waive a provision of this chapter if the commissioner determines that the application of the provision would be inconsistent with the fundamental intent and purpose of OSPRA. The commissioner may also waive any requirement of this chapter if the commissioner determines that other existing federal or state statutory or regulatory provisions provide requirements necessary to implement OSPRA.(1) Waiver from requirements of this chapter. Any person may request a waiver from a requirement of this chapter by submitting the following information to the commissioner:(A) the name, address, and telephone number of the person submitting the requested waiver, and if that person is the agent of the person requesting the waiver, then the agent must also state the name, address, and telephone number of the person for whom the waiver is requested;(B) a specific reference to the requirement from which the person is requesting a waiver;(C) a detailed statement of the reasons which warrant a waiver;(D) an analysis of the waiver's impact on the person's ability to prevent, abate, clean up, and remove an unauthorized discharge of oil.(2) Waiver from facility certification requirements. Any person may request a waiver from the facility certification requirement of this chapter by submitting the following information to the commissioner:(A) the name, address, and telephone number of the person submitting the requested waiver, and if that person is the agent of the person requesting the waiver, then the agent must also state the name, address, and telephone number of the person for whom the waiver is requested;(B) the address and location, including directions from the nearest highway, of the facility subject to the requirements of this chapter;(C) a vicinity map;(D) a brief description of the business conducted at the facility, including the quantity and types of oil handled;(E) a summary of the prevention and response practices utilized at the facility supporting the contention that an unauthorized discharge of oil therefrom will not pose an imminent threat to coastal waters;(F) a summary of any other reasons that this chapter should not apply to the facility.(3) Receipt of a request for waiver from any facility subject to certification requirements will be deemed to constitute compliance with all timelines for facility certification. Any person whose request for waiver is denied will be given a reasonable time to comply with all the requirements for certification.(4) Requests for waivers from facility certification requirements will be evaluated by considering the following factors:(A) the physical location of the facility, including:(i) proximity to coastal waters;(ii) proximity to environmentally sensitive areas;(iii) topography;(iv) site drainage;(v) flood tide impacts;(vi) the condition of oil storage areas, including age and condition of oil storage containers, evidence of past spills, leak detection abilities, and secondary or passive containment systems;(B) the type and quantity of oil handled;(C) the factors listed in this paragraph will be weighted so that subparagraph (A)(vi) of this paragraph will be considered only in the event that a determination cannot be made based solely on the other listed factors.(D) The GLO's officers, employees, and agents, under the direction and control of the commissioner, will conduct a field investigation, if necessary, to determine whether to grant the request for waiver.(b) Where adequate precautions are taken to avoid environmental and property damage and other necessary governmental agencies have consented, the commissioner may allow the discharge of limited amounts of oil into or upon coastal waters or adjacent waters, shorelines, estuaries, tidal flats, beaches, or marshes, as part of a drill, demonstration of response capability or technology, or other study or project to further discharge prevention or response capability. Source Note: The provisions of this §19.4 adopted to be effective February 21, 1992, 17 TexReg 1109; amended to be effective May 14, 1993, 18 TexReg 2849; amended to be effective March 6, 1995, 20 TexReg 1261; amended to be effective October 30, 2002, 27 TexReg 10036; amended to be effective January 27, 2013, 38 TexReg 295. 1 GENERAL LAND OFFICE 19 OIL SPILL PREVENTION AND RESPONSE A GENERAL PROVISIONS §19.4 Waiver https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18672&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18672 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18672&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18672 03/11/2026 The General Land Office (GLO) will promulgate forms for applications, filings, and reports required by OSPRA or this chapter. Where this chapter specifies that a particular form is available from the GLO, the applicant, claimant, or person filing information with the GLO must use the GLO form. The applicant, claimant, or person filing may supplement the GLO form with separate documentation where not inconsistent with this chapter. Source Note: The provisions of this §19.5 adopted to be effective February 21, 1992, 17 TexReg 1109; amended to be effective March 6, 1995, 20 TexReg 1261. 1 GENERAL LAND OFFICE 19 OIL SPILL PREVENTION AND RESPONSE A GENERAL PROVISIONS §19.5 Forms https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226786&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 226786 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226786&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 226786 03/11/2026 An applicant, claimant, or person filing information with the General Land Office (GLO) must make any claim of confidentiality of documentation, records, or information in writing when it is filed with the GLO or the claim of confidentiality is waived. Source Note: The provisions of this §19.6 adopted to be effective February 21, 1992, 17 TexReg 1109; amended to be effective March 6, 1995, 20 TexReg 1261; amended to be effective November 23, 2025, 50 TexReg 7422. 1 GENERAL LAND OFFICE 19 OIL SPILL PREVENTION AND RESPONSE A GENERAL PROVISIONS §19.6 Confidentiality https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226787&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 226787 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226787&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 226787 03/11/2026 Penalties. GLO may pursue administrative penalties under TNRC §40.252 if an owner or operator violates a provision of TNRC §40.1-304 or rules, authorizations, or orders adopted under authority of OSPRA. When determining the amount of the penalty, the commissioner must take into consideration the factors identified in TNRC §40.252, any applicable GLO penalty policy and other relevant factors. Source Note: The provisions of this §19.7 adopted to be effective November 23, 2025, 50 TexReg 7422. 1 GENERAL LAND OFFICE 19 OIL SPILL PREVENTION AND RESPONSE A GENERAL PROVISIONS §19.7 Enforcement https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=97163&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 97163 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=97163&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 97163 03/11/2026 Waterfront and offshore facilities are classified based on their capacity to transfer or store oil. Oil that is integral to equipment, such as oil in transformers or lubricating oil in machinery, is not included in determining storage or transfer capacity.(1) Small--A facility that transfers oil through pipelines, flow lines, gathering lines, or trunk lines with a line diameter of four inches or less or that has the capacity to store 1,320 gallons or less of oil.(2) Intermediate--A facility that transfers oil through pipelines, flow lines, gathering lines, or trunk lines with a line diameter of greater than four inches up to and including twelve inches or that has the capacity to store more than 1,320 gallons up to and including 250,000 gallons of oil.(3) Large--A facility that transfers oil through pipelines, flow lines, gathering lines, or trunk lines with a line diameter greater than 12 inches or that has the capacity to store more than 250,000 gallons of oil. Source Note: The provisions of this §19.11 adopted to be effective October 30, 2002, 27 TexReg 10037. 1 GENERAL LAND OFFICE 19 OIL SPILL PREVENTION AND RESPONSE B SPILL PREVENTION AND PREPAREDNESS §19.11 Classification of Waterfront and Offshore Facilities https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226788&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 226788 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226788&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 226788 03/11/2026 (a) Applicability. This section applies to any person who owns or operates a facility, as defined by Section 19.2(5), of this title (relating to Definitions). If an owner or operator controls a facility on any part of a site, the entire site must be covered by the discharge prevention and response certificate. A combination of interrelated or adjacent tanks, impoundments, pipelines, separator or treatment facilities, and other structures, equipment, or devices under common ownership or operation will be considered a single facility under OSPRA. Interrelated means the devices are all an integral part of one commercial or industrial operation or are managed and controlled by a single entity.(b) Current certificate and implementation of certified plan required to operate. No entity may operate a facility without implementing a current discharge prevention and response plan that has been certified by the GLO. This requirement does not apply, however, to an entity that operates a facility and has obtained a waiver from the facility certification requirement pursuant to §19.4 of this title (relating to Waiver) or if an exemption applies to the facility.(c) Certificate void when owner or operator changes or facility classification level increases. A discharge prevention and response certificate is issued to a specific owner or operator and for a particular facility classification level. When the owner or operator of a facility changes, the discharge prevention and response certificate is void. The new owner or operator of the facility will need to submit an application for a certificate to the GLO before beginning to operate the facility. A certificate is also void when the facility changes its operations in a manner that increases its facility classification level. If an owner or operator increases storage capacity or installs new oil transfer lines at a facility, causing the facility classification to change from small to intermediate or large or from intermediate to large, the owner or operator will need to apply for a new certificate in accordance with 31 TAC §19.12(d).(d) Obtaining a discharge prevention and response certificate. (1) The owner or operator of a facility must apply for a discharge prevention and response certificate by submitting a completed application form to the GLO. Application forms are available from the General Land Office, Oil Spill Prevention and Response Division, 1700 North Congress Avenue, Austin, Texas 78701-1495 or from any regional office of the GLO. The application form can also be downloaded from the GLO's Oil Spill Prevention and Response Division website, www.glo.texas.gov.(2) The certificate application must be signed by a representative of the facility owner or operator who has approved the facility's discharge prevention and response plan and has the authority to commit the necessary resources to implement the plan.(3) After consultation with the GLO, the applicant must prepare and implement a discharge prevention and response plan that meets the requirements of §19.13 of this title (relating to Requirements for Discharge Prevention and Response Plans) and make the plan available to the GLO for review.(e) Facility audits. After the GLO determines the application is administratively complete, the GLO may contact the applicant to discuss the classification of the facility and the discharge prevention and response plan. The GLO will schedule an on-site audit and review of the facility's discharge prevention and response plan and its implementation. The audit will cover the following elements:(1) the facility's compliance with applicable regulations;(2) whether the discharge prevention and response plan adequately addresses all the applicable elements required by §19.13; (3) if the facility is an intermediate or large facility, whether the discharge prevention and response plan specifically addresses the requirements of §19.13(d) and (e); and(4) whether the discharge prevention and response plan has been implemented, or, if the facility is new, adequate steps have been taken to implement the discharge prevention and response plan.(f) Additional information. After the on-site audit, the GLO may require an applicant to submit additional information to resolve any issues related to the applicant's discharge prevention and response preparedness. The GLO may also require an applicant to develop and implement additional measures to prevent and respond to unauthorized discharges of oil.(g) Notification that certification requirements have been met. When the GLO determines the facility has submitted sufficient and accurate information in its application, has made available a discharge and prevention response plan, and has implemented the plan, the GLO will notify the applicant that the certification requirements have been met and confirm the facility classification.(h) Change at facility. If there is a change at the facility, the GLO must be notified in writing of the change within 15 days so that a determination of whether a new certificate is required can be made. Facility owners or operators must re-apply for certification if the changes result in higher classification within 15 days of notice from the GLO that the facility classification has changed.(i) Term for certificates. The GLO will issue certificates with a term of five years from the date of issuance. Each certificate will be assigned an identification number. The facility owner or operator will regularly review and amend the facility information on the GLO's Oil Spill Prevention and Response Division interactive website, as appropriate. The identification number will be sent to the person who signed the application form, with instructions on how to update data on the website.(j) Review of discharge prevention and response plan and inspection or audit of a facility. After a certificate is issued to a facility, the GLO can require the facility owner or operator to submit to the GLO a complete copy of its discharge prevention and response plan for review. (1) A review of the plan and an inspection or audit of the facility can be required if the GLO determines that there has been a complaint, a spill, a change in ownership or operation at the facility, or the facility is not compliant with these rules or may not be adequately implementing its plan to prevent and respond to unauthorized discharges of oil.(2) The GLO can also review a plan and perform on-site inspections or audits to review a facility's implementation of the discharge prevention and response plan as part of the renewal process.(3) Inspections or audits will be performed annually.(k) Exemptions. The following facilities that handle oil do not need to apply to the GLO for a discharge prevention and response certificate:(1) Mobile or portable oil-handling equipment, such as a mobile offshore drilling unit, when it is fixed in place for less than 90 days.(2) A farm, ranch, or residential property that stores up to and including 1,320 gallons of oil for farming, ranching, or residential purposes.(3) A facility that stores oil exclusively in underground tanks and does not transfer oil to vessels in the water.(4) A facility that stores or transfers oil only in containers with a volume of 55 gallons or less.(l) Effect of certificate on other violations. Issuance of a certificate does not estop the state in an action brought under OSPRA, or any other law, from alleging a violation of any such law, other than failure to have a certificate. Source Note: The provisions of this §19.12 adopted to be effective October 30, 2002, 27 TexReg 10037; amended to be effective September 18, 2003, 28 TexReg 7995; amended to be effective August 9, 2020, 45 TexReg 5364; amended to be effective November 23, 2025, 50 TexReg 7423. 1 GENERAL LAND OFFICE 19 OIL SPILL PREVENTION AND RESPONSE B SPILL PREVENTION AND PREPAREDNESS §19.12 Facility Certification Requirements https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226789&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 226789 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226789&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 226789 03/11/2026 (a) Applicability. Any person who owns or operates a facility and must obtain a discharge prevention and response certificate prior to operation.(b) Implementation of plans. An owner or operator of any facility that requires certification must develop and implement a written discharge prevention and response plan. Before issuing a certificate, the GLO will conduct an on-site review of the plan. The GLO will determine whether the facility's plan contains all the information required by this section and has been fully implemented. Any person who operates a facility must maintain compliance with the plan requirements.(c) Required elements of discharge prevention and response plans for all facility classifications. Owners or operators of all facilities that require certification must prepare discharge prevention and response plans which meet the requirements of TNRC §40.111 and include the following information:(1) the owner and operator of the facility;(2) the person or persons in charge of the facility, as required by §19.16 of this title (relating to Person in Charge), and a current emergency contact phone number that will be answered 24 hours a day;(3) the name and address (both physical and mailing) of the facility;(4) a description of the facility, including:(A) the location of the facility by latitude and longitude; (B) the facility's primary activity;(C) the types of oil handled, whether safety data sheets (SDS) have been prepared for them, and the location where the (SDS) are maintained;(D) the storage capacity of each tank used for storing oil;(E) the diameter of all lines through which oil is transferred;(F) the average daily throughput of oil at the facility; and(G) the dimensions and capacity in barrels of the largest oil-handling vessel which docks at the facility.(5) for a facility which normally does not have personnel on-site, a commitment to maintain in a prominent location a legible sign or placard, which must state that the GLO and National Response Center are to be notified of an oil spill and give the 24-hour phone numbers for notifying the GLO and National Response Center, and a description and specific location of all signs;(6) a general description of measures taken by the facility to prevent unauthorized discharges of oil;(7) a plan to conduct an annual oil spill drill that entails notifying the GLO and National Response Center and maintenance of a log at the facility which documents when the notification drill was conducted and facility personnel who participated in it;(8) if oil is transferred at the facility, emergency transfer procedures to be implemented if an actual or threatened unauthorized discharge of oil occurs at the facility;(9) strategic plans to contain and clean up unauthorized discharges of oil from the facility;(10) a statement that all facility personnel who might be involved in an oil spill response have been informed that detergents or other surfactants are prohibited from being used on an oil spill in the water, and that dispersants can only be used with the approval of the Regional Response Team, the interagency group composed of federal and state agency representatives that coordinates oil spill responses; and(11) a description of any secondary containment or diversionary structures, equipment, or systems at the facility that operate to prevent discharged oil from reaching coastal waters, including, at minimum:(A) a description of all secondary containment at the site; and(B) the methodology for determining that the containment structures or equipment are adequate to prevent oil from reaching coastal waters.(d) Additional requirements for facilities classified as intermediate. In addition to the requirements in §19.13(c), owners or operators of intermediate facilities must prepare written discharge prevention and response plans which include the following information:(1) a description of the worst case unauthorized discharge of oil reasonably likely to occur at the facility and the rationale used to determine the worst case unauthorized discharge;(2) a description and map of environmentally sensitive areas that would be impacted by the worst case unauthorized discharge and plans for protecting these areas if an oil spill occurs at the facility;(3) a description of the facility's response strategies to contain and clean up the worst case unauthorized discharge;(4) a description of discharge prevention procedures implemented at the facility, including procedures to prevent discharges from transfers of oil;(5) a plan to conduct an annual oil spill drill that includes the following elements:(A) notifying the GLO and National Response Center;(B) notifying any third parties, such as discharge cleanup organizations, which have agreed to respond to an oil spill and confirming they would be able to respond to an oil spill at the facility on the day of the drill;(C) if the facility has spill response equipment stored on-site, deployment of a representative portion of the equipment which would be used to respond to the type of discharge most likely to occur at the facility; and(D) a log documenting when the annual drill was conducted and the facility personnel who participated in it; and(6) if the owner or operator has entered into any oil spill response or cleanup contracts or basic ordering agreements with a discharge cleanup organization, copies of the contracts or agreements or a narrative description of their terms.(e) Additional requirements for facilities classified as large. In addition to the requirements in §19.13(c), owners or operators of large facilities must prepare written discharge prevention and response plans which include the following information:(1) maps showing vehicular access to the facility, pipelines to and from the facility, and nearby residential or other populous areas;(2) a site plan of the facility showing:(A) the location of all structures in which oil is stored;(B) the location of all areas where oil is transferred at the facility; and(C) drainage and diversion systems at the facility, such as sewers, outfalls, catchment or containment systems or basins, sumps, and all watercourses into which surface runoff from the facility drains (all of which will be shown on the site plan or maps);(3) a plan to conduct an annual oil spill drill that includes the following elements:(A) notifying the GLO and National Response Center;(B) notifying any third parties, such as discharge cleanup organizations, which have agreed to respond to an oil spill and confirming they would be able to respond to an oil spill at the facility on the day of the drill;(C) if the facility has spill response equipment stored on-site, deployment of a representative portion of the equipment which would be used to respond to the type of discharge most likely to occur at the facility; and(D) a log documenting when the annual drill was conducted and the facility personnel who participated in it;(4) a detailed description of the facility's discharge prevention and response capability, including:(A) leak detection and safety systems to prevent accidental discharges of oil, including a description of equipment and procedures;(B) schedules, methods, and procedures for testing, maintaining, and inspecting storage tanks, pipelines, and other equipment used for handling oil;(C) schedules, methods, and procedures for conducting accidental discharge response drills;(D) whether the facility's oil spill response capability will primarily be based on contracts or agreements with third parties or on the facility's own personnel and equipment;(E) planned response actions, the chain of command, lines of communication, and procedures for notifying the GLO, emergency response and public safety entities, other agencies, and neighboring facilities in the event of an unauthorized discharge of oil;(F) oil spill response equipment and supplies located at the facility, their ownership and location, and the time required to deploy them;(G) if the facility owns and maintains oil spill response equipment, the schedules, methods, and procedures for maintaining the equipment in a state of constant readiness for deployment;(H) if the owner or operator has entered into any oil spill response or cleanup contracts or basic ordering agreements with a discharge cleanup organization, copies of the contracts or agreements or a narrative description of their terms;(I) the worst case unauthorized discharge of oil reasonably likely to occur at the facility and the rationale used to determine the worst case unauthorized discharge;(J) a description and map of environmentally sensitive areas that would be impacted by the worst case unauthorized discharge and plans for protecting these areas if an oil spill occurs at the facility;(K) a description of response strategies that would be implemented to contain and clean up the worst case unauthorized discharge;(L) information on the facility's program for training facility personnel on accidental discharge prevention and response;(M) information on facility personnel who have been specifically designated to respond to an oil spill, including any training they have received and where the training records are maintained; (N) plans for transferring oil during an emergency; plans for recovering, storing, separating, transporting, and disposing of oily waste materials generated during an oil spill response; and(O) plans for providing emergency medical treatment, site safety, and security during an oil spill. Source Note: The provisions of this §19.13 adopted to be effective October 30, 2002, 27 TexReg 10037; amended to be effective August 9, 2020, 45 TexReg 5364; amended to be effective November 23, 2025, 50 TexReg 7423. 1 GENERAL LAND OFFICE 19 OIL SPILL PREVENTION AND RESPONSE B SPILL PREVENTION AND PREPAREDNESS §19.13 Requirements for Discharge Prevention and Response Plans https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226790&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 226790 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226790&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 226790 03/11/2026 (a) Update of information. Facility owners or operators are required to report any material changes as provided for in §19.12(h). Facility owners or operators must ensure that the information in the interactive website is regularly updated to reflect any changes as provided in §19.12(i). Changes that do not require a re-classification must be reported no later than the anniversary of the date the certificate was issued. Facility owners or operators can update information on file with the GLO in the following ways:(1) Electronically. The GLO has established a link on its website (www.glo.texas.gov) to allow facility owners or operators to review and amend application or certificate information on file with the GLO. Facility owners or operators must establish online security credentials by contacting the appropriate Oil Spill Field Office or by emailing a request to oilspills@glo.texas.gov. To minimize the GLO's administrative expense of updating information, the GLO encourages certificate holders to use the GLO website to revise facility information on file with the GLO.(2) Mail. If a facility owner or operator cannot update application or certification information over the GLO website, updated information can be sent by standard mail or email to the appropriate GLO regional office. Contact information for the regional office covering a particular facility can be obtained by calling the main oil spill division office in Austin at (512) 475-1575 during business hours, by visiting www.glo.texas.gov or by email to oilspills@glo.texas.gov.(b) Renewing certificates. Owners or operators must renew their certificates by their expiration dates. The GLO will not send expiration notices to owners or operators. To renew a certificate, certificate holders must complete and submit to the GLO a new application form. To give the GLO sufficient time to review the application, it must be submitted to the GLO at least 15 days before the expiration date.(1) All certificates, which will be issued for a period of five years, will specify the date of expiration.(2) To process the application to renew a certificate, the GLO may conduct a review of the discharge prevention and response plan and perform an on-site audit or inspection of the facility's implementation of the discharge prevention and response plan. The GLO will require the applicant to amend its plan if the GLO determines the plan does not adequately address the elements required by §19.13. (c) Notification to GLO when facility closes, is sold, or is shut-in. A facility owner or operator is required to notify the GLO when the facility closes, is sold, or when the facility is shut-in and no longer handling oil.(d) Certificate suspension. Suspension of a certificate requires the facility owner or operator to apply for a new certificate. The GLO may suspend a certificate if the facility owner or operator violates a provision of OSPRA or rules or orders adopted under authority of OSPRA. A certificate may also be suspended if the GLO determines the facility has failed to implement its discharge prevention and response plan or the facility's response to an unauthorized discharge of oil was inadequate. Before suspending a certificate, the GLO will inform the certificate holder in writing that suspension is being considered. The reasons for the proposed suspension will be specified, and the certificate holder will be afforded an opportunity to address the problems. If the GLO ultimately determines the certificate holder has not adequately addressed the facility's problems and suspension of the certificate is appropriate, the facility owner or operator is entitled to request a hearing on the suspension in the same manner provided under Chapter 2 of this title (relating to Rules of Practice and Procedure) for contested case hearings before the GLO. Source Note: The provisions of this §19.14 adopted to be effective October 30, 2002, 27 TexReg 10037; amended to be effective January 27, 2013, 38 TexReg 295; amended to be effective August 9, 2020, 45 TexReg 5364; amended to be effective November 23, 2025, 50 TexReg 7423. 1 GENERAL LAND OFFICE 19 OIL SPILL PREVENTION AND RESPONSE B SPILL PREVENTION AND PREPAREDNESS §19.14 Updating of Information; Renewal and Suspension of Certificates https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200688&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 200688 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200688&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 200688 03/11/2026 (a) Upon applying for a certificate, the applicant must designate a person or persons in charge of the facility for purposes of ensuring the General Land Office (GLO) is notified of unauthorized discharges at the facility and that the facility meets all other requirements of OSPRA. The designation must be by name and by job title.(b) A facility must have a person in charge at the facility at all times the facility is normally attended by personnel. For those facilities or at those times at which personnel are not normally present, the facility must at all times have a person in charge on call and capable of travelling immediately to the facility to respond to an actual or threatened unauthorized discharge. The person in charge must have the independent authority to deploy response equipment and personnel and to expend funds for response actions.(c) It is the duty of the owner and the operator of the facility to inform the person in charge of the duties established under OSPRA and this chapter with respect to unauthorized discharge prevention and response. Source Note: The provisions of this §19.16 adopted to be effective February 21, 1992, 17 TexReg 1109; amended to be effective March 6, 1995, 20 TexReg 1261; amended to be effective August 9, 2020, 45 TexReg 5364. 1 GENERAL LAND OFFICE 19 OIL SPILL PREVENTION AND RESPONSE B SPILL PREVENTION AND PREPAREDNESS §19.16 Person in Charge https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200689&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 200689 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200689&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 200689 03/11/2026 (a) An audit is a full review of a facility's or vessel's compliance with the requirements of OSPRA and regulations adopted pursuant thereto. An audit may be announced or unannounced. Audits will be commenced between the hours of 7:00 a.m. and 6:00 p.m. The owner and/or operator of the facility or vessel subject to audit must produce records related to unauthorized discharges of oil into coastal waters, discharge prevention and response plans, equipment inventory, maintenance and repair, safety data sheets for oil handled, oil storage and throughput, financial responsibility, personnel certification and training, and daily records and other documents and records containing information relevant to compliance with OSPRA. The representative of the GLO is authorized to view all equipment at the facility that is available for responding to unauthorized discharges of oil. The GLO representative is authorized to enter any portion of the facility and vessel where oil is handled or stored, where discharge prevention and response equipment and supplies are stored and maintained or where oil transfer operations are being performed. Although the audit may be unannounced, prior to entering the facility, the GLO representative will make a reasonable effort, as defined in §19.3(a) of this title (relating to Inspections and Access to Property), to obtain the consent of the owner or operator or his representative.(b) An inspection is a review of a specified area or areas of a facility or vessel for a specified purpose. An inspection may be announced or unannounced. Inspections between the hours of 7:00 a.m. and 6:00 p.m. may be unannounced. Inspections after 6:00 p.m. and before 7:00 a.m. will be announced. The GLO will make a reasonable effort to obtain the consent of the owner or operator or a representative of either prior to entering property to conduct the inspection. At the commencement of the inspection, the GLO representative will inform the owner or operator of the area or areas to be inspected and the purpose of the inspection. The areas and purposes of an inspection are limited to those set forth in subsection (a) of this section.(c) A drill is a test of equipment and personnel in operation. A drill is in response to a mock discharge which is conducted by GLO representatives who determine the extent and parameters of the exercise. A drill may be announced or unannounced. Prior to entering property in order to conduct the drill, the GLO will make a reasonable effort to obtain consent of the owner or operator or representative of either to enter the property. Drills will be commenced between the hours of 7:00 a.m. and 6:00 p.m. and all drills involving vessels will be conducted in cooperation with the United States Coast Guard. A drill involving a facility will be conducted in cooperation with any other governmental agencies whom the GLO intends to involve in the mock operation.(d) A vessel or facility will not be subjected to more than a total of two audits and/or GLO conducted drills in one 12-month period. This limitation will not apply to any vessel or facility that has violated OSPRA, any regulation promulgated thereunder, or any order of the commissioner.(e) The owner or operator of the vessel or facility must bear its own costs of the audit, drill, or inspection and may not be reimbursed its costs from the fund. The GLO may, however, pay all or part of the cost of an oil spill drill under limited circumstances. The GLO's decision to pay for a drill will be based on a determination that the facility is located in an environmentally sensitive area and has been involved in a greater number of spills or requires more complex audits or drills because of its location. If the GLO pays for any part of the cost of the drill, the GLO will invite other facility operators in the vicinity to observe or participate in the drill for training purposes.(f) Performance of an audit, drill, or inspection does not estop the state in an action brought under OSPRA or any other law from alleging a violation of OSPRA or any such law. Source Note: The provisions of this §19.18 adopted to be effective February 21, 1992, 17 TexReg 1109; amended to be effective March 6, 1995, 20 TexReg 1261; amended to be effective October 30, 2002, 27 TexReg 10037; amended to be effective August 9, 2020, 45 TexReg 5364. 1 GENERAL LAND OFFICE 19 OIL SPILL PREVENTION AND RESPONSE B SPILL PREVENTION AND PREPAREDNESS §19.18 Audits, Drills, and Inspections To Determine Prevention and Response Capability https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226791&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 226791 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226791&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 226791 03/11/2026 (a) Persons or organizations desiring certification as discharge cleanup organizations must apply to the General Land Office (GLO). Application forms are available from the GLO.(b) A discharge cleanup organization must be certified by the GLO to be listed by an owner or operator as a source of adequate response equipment and/or personnel in a facility or vessel discharge prevention and response plan.(c) An owner or operator of the facility or vessel will not be required to comply with this section if its response activities are limited to its own unauthorized discharges or to assistance rendered to others in emergency situations. The requirements of this section apply to those organizations who engage in the business of emergency spill response and cleanup operations.(d) Discharge cleanup organizations will be categorized as either industry or volunteer.(1) Industry organizations are those entities capable of containing, abating, removing and disposing of, or arranging for the disposal of oil and waste from an unauthorized discharge. Industry organizations have personnel trained pursuant to 29 Code of Federal Regulations §1910.120 and subsequent revisions and have equipment or access to equipment sufficient to perform response operations pursuant to national and state contingency plans.(2) Volunteer organizations are those entities whose primary purpose is protecting, rescuing, or rehabilitating wildlife and natural resources injured or damaged by an unauthorized discharge. Volunteer organizations must only be permitted by the Texas Parks and Wildlife Department or have certification from an organization with equivalent standards for the purposes of wildlife rehabilitation and other response activities concerning rescuing of any animal affected by a discharge. A separate GLO certificate is not required of the above-described wildlife and natural resource volunteer organizations. Volunteer organizations are also those entities who assist in other response activities approved by the on-scene coordinator but who do not receive compensation for their efforts.(e) Industry organizations must be certified by the GLO in order to be listed on a vessel or facility discharge response plan, and in order to be employed by the GLO when it expends fund monies in response to a discharge. Organizations exempt from the certification requirement are those whose primary business activity is vacuum trucks, earth moving, or oil field equipment maintenance. Any other business enterprise which does not represent itself as a spill response entity is not required to be certified under this subsection. Certificates will be issued for a five-year term with annual review. Certificates may be suspended if the discharge cleanup organization fails to maintain adequate response capability. Pursuant to Chapter 21 of this title (relating to Oil Spill Prevention and Response Hearing Procedures) the notice of suspension can be challenged.(f) Applicants for certification as an industry organization must submit the following information:(1) the applicant's name and address, its legal form or status, the names and addresses of the persons owning or operating the organization, and its membership if applicable;(2) the geographic area the applicant will serve;(3) the equipment and supplies owned by the applicant and available for abatement, containment, and removal of pollution from an unauthorized discharge of oil; if the applicant intends to rely in whole or in part on equipment and supplies owned by a separate entity, then the applicant must submit the name of the owner and the location of the equipment and supplies, and the procedure for accessing such equipment and supplies;(4) a certified statement of the applicant's general liability insurance coverage, and workmen's compensation and automobile liability insurance coverage;(5) the number of employees and whether they are employed on a full or part-time basis and the number of employees which the applicant can command in the event of a major spill event; the training of such personnel including whether they have received training pursuant to 29 Code of Federal Regulations §1910.120; the experience and other relevant qualifications of all personnel;(6) the applicant's standard operating plan for containment, recovery, storage, separation, transportation, disposal or arrangements for disposal or recycling of oil or waste, and minimization of waste generated from an unauthorized discharge;(7) the applicant's health and safety plan.(g) In certifying industry organizations, the GLO will consider factors including:(1) the applicant's size, membership, and quality of response capability (which includes among other things the experience of the applicant's owners, operators, and personnel, the applicant's ability to properly dispose of waste or to arrange for the proper disposal of waste and recycling of materials generated by the discharge, the plan for waste minimization from discharges, the quantity and quality of equipment or supplies owned or available to the applicant, and the proximity of such equipment and supplies to the area the applicant intends to serve); and(2) the geographic distribution of discharge cleanup organizations in the coastal area for the purpose of insuring sufficient response capability.(h) Industry organizations must report material changes in response capability to the GLO within 30 days of the change. Material changes in response capability include among other things:(1) a change in the location or a significant change in the quantity of the organization's response equipment or supplies; or(2) a change in the organization's ownership or full-time personnel to the extent that such change affects discharge response capability; such change shall be reported within 72 hours.(i) Volunteer organizations who register with the GLO are considered certified. Registration forms are available from the GLO. The registration must include the organization's size, experience in discharge response, ability to properly dispose of or arrange for the disposal of waste from discharges, the qualifications of persons who will lead or coordinate response activities for the organization, and the quantity and quality of equipment and supplies owned or available to the organization. Volunteer organizations engaged in wildlife rescue or rehabilitation will be certified only if they comply with requirements of the Texas Parks and Wildlife Department's regulations related to such organizations or with equivalent regulations. A volunteer organization shall ensure its actions are consistent with the National Contingency Plan, §300.185 and §300.700. The GLO may suspend a certificate if the organization's response activities are inconsistent with state or federal requirements.(j) Volunteer discharge cleanup organizations or any discharge cleanup organization that is a not-for-profit entity must appoint a minimum of two ex officio representatives from local governments to its governing body to advise it on discharge response matters. The representatives from local government may be from any level or agency of local government but must be from the geographic area to be served by the organization. The Marine Spill Response Corporation and for-profit entities are exempt from this requirement pursuant to OSPRA, §40.117(b).(k) Those entities having federal Oil Spill Response Organization classification shall, on proper proof of such classification, be certified by the GLO as a discharge cleanup organization. Proper proof includes, but is not limited to, all information submitted to the United States Coast Guard, National Strike Force Coordination Center. Source Note: The provisions of this §19.20 adopted to be effective February 21, 1992, 17 TexReg 1109; amended to be effective May 14, 1993, 18 TexReg 2849; amended to be effective March 6, 1995, 20 TexReg 1261; amended to be effective November 23, 2025, 50 TexReg 7423. 1 GENERAL LAND OFFICE 19 OIL SPILL PREVENTION AND RESPONSE B SPILL PREVENTION AND PREPAREDNESS §19.20 Certification of Discharge Cleanup Organizations https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160403&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 160403 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160403&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 160403 03/11/2026 The General Land Office (GLO) has jurisdiction over and will respond to any actual or threatened discharge of oil that enters or threatens to enter coastal waters. Source Note: The provisions of this §19.31 adopted to be effective February 21, 1992, 17 TexReg 1109; amended to be effective May 14, 1993, 18 TexReg 2849; amended to be effective January 27, 2013, 38 TexReg 296. 1 GENERAL LAND OFFICE 19 OIL SPILL PREVENTION AND RESPONSE C SPILL RESPONSE §19.31 Jurisdiction https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160402&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 160402 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160402&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 160402 03/11/2026 (a) To report an actual or threatened unauthorized discharge of oil into Texas coastal waters, phone the General Land Office (GLO) at 1-800-832-8224. This line will be staffed at all times.(b) The person in charge of the facility or vessel from which an unauthorized discharge emanates or threatens to emanate and the person responsible for the discharge both have the duty to immediately report the discharge to the GLO. Reporting by either of those persons or by an employee or agent of either shall satisfy the notice requirement.(c) Immediately, for purposes of this section, means within one hour of the time the discharge is discovered. In determining immediate notification the GLO will consider the need for initial abatement, containment, and response actions, the accessibility of communication devices and the reasonableness of the person's efforts to immediately report, and whether the discharge could reasonably have been discovered earlier.(d) Notification by any person who has been authorized or requested by the person in charge or by the responsible person to give notice of the discharge shall be imputed to the person who has the duty to report for purposes of determining compliance with this section.(e) The notification, in order to be deemed complete, shall accurately describe the following:(1) the substance and quantity actually discharged or potentially dischargeable and the rate of discharge;(2) the time, location by latitude and longitude, N.A.D. 27 or N.A.D. 83, or by state plane coordinates indicating zone or by Universal Transverse Mercator coordinates indicating zone, if known, and the apparent cause of the actual or potential discharge;(3) the size of the area actually impacted by the discharge and the area potentially impacted and whether or not any environmentally sensitive areas will be affected;(4) the nature of any response actions undertaken and the identity of the person or discharge cleanup organization engaged or engaging in response activities;(5) the name and title of the responsible person, the person in charge, and the person reporting the discharge; and(6) the manner in which the responsible person and the facility or vessel involved in the actual or threatened discharge may be contacted.(f) The duty to report is a continuing one where any material changes occur prior to the arrival of a state on-scene coordinator. Material changes include, but are not limited to, changes in the quantity, quality, or location of the discharge event. Both the responsible person and the person in charge have the duty to report material changes to the GLO.(g) If an unauthorized discharge threatens to damage or pollute property other than that of the owner or operator or responsible person, the person in charge and the responsible person must make reasonable efforts to notify the owners of property threatened by the discharge. A reasonable effort to notify includes taking steps to identify and contact such owners within a time period that allows them to take measures to minimize damage to their property. In determining compliance with this requirement, the location of the discharge and the accessibility of ownership information will be considered.(h) If the discharge immediately threatens public health, safety, or welfare, then the responsible person and the person in charge must notify the appropriate local health, fire, and law enforcement authorities. Source Note: The provisions of this §19.32 adopted to be effective February 21, 1992, 17 TexReg 1109; amended to be effective March 6, 1995, 20 TexReg 1261; amended to be effective January 27, 2013, 38 TexReg 296. 1 GENERAL LAND OFFICE 19 OIL SPILL PREVENTION AND RESPONSE C SPILL RESPONSE §19.32 Reporting an Unauthorized Discharge https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226792&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 226792 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226792&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 226792 03/11/2026 (a) When the General Land Office (GLO) receives notice of an actual or threatened unauthorized discharge of oil into Texas coastal waters, the GLO will determine whether state response action is required. If state response action is required, the GLO will assess the discharge and determine whether further response actions should be initiated or required. If assessments of the discharge indicate it involves predominantly a hazardous substance, the GLO shall coordinate all response actions until the Texas Commission on Environmental Quality can assume responsibility over hazardous substance discharge response operations. A substance is predominantly a hazardous substance when analytical testing of a representative sample indicates the presence of more than 50% of a substance that is not oil as defined by OSPRA, and that is a hazardous substance as defined by the Texas Commission on Environmental Quality or its successor agency. Pending results of analytical tests of the substance, the determination of its predominant characteristics shall be made by investigating the source of the discharge, its physical properties, and its behavior in the environment. The GLO will notify the trustees of the actual or threatened unauthorized discharge.(b) In response to any actual or threatened unauthorized discharge, the commissioner may designate a state on-scene coordinator to act on the commissioner's behalf at the site of the actual or threatened discharge. It is the duty of the state on-scene coordinator, in cooperation with the federal on-scene coordinator, to assess in detail all aspects of the actual or threatened unauthorized discharge, evaluate and direct the responsible person's response activities, initiate and direct other response activities, carry out orders of the commissioner, and report at regular intervals to the commissioner. The state on-scene coordinator has an ongoing duty to evaluate, assess, and direct all response activities in order to ensure compliance with applicable contingency plans, discharge response plans, and to ensure public health and safety, and to minimize to the greatest extent possible property damage and damages to natural resources.(c) The GLO will coordinate its response with the federal on-scene coordinator and will contact other state agencies who have jurisdiction over the unauthorized discharge.(d) Based on the assessment of the state on-scene coordinator, the GLO will determine whether and where to establish an on-scene command post. The state on-scene command post will serve as the single point of communication and coordination for state oversight and coordination of response actions. The post will be staffed until response operations are declared complete.(e) The GLO will utilize the Incident Command System for all spills where a state on-scene coordinator is appointed by the commissioner. Source Note: The provisions of this §19.33 adopted to be effective February 21, 1992, 17 TexReg 1109; amended to be effective March 6, 1995, 20 TexReg 1261; amended to be effective September 18, 2003, 28 TexReg 7996; amended to be effective January 27, 2013, 38 TexReg 296; amended to be effective November 23, 2025, 50 TexReg 7424. 1 GENERAL LAND OFFICE 19 OIL SPILL PREVENTION AND RESPONSE C SPILL RESPONSE §19.33 Response https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226793&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 226793 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226793&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 226793 03/11/2026 (a) In the event of an actual or threatened unauthorized discharge of oil into Texas coastal waters, it is the duty of the responsible person to immediately initiate response action, or to ensure that the person in charge will initiate response action. The responsible person is the owner or operator of a vessel or facility from which an unauthorized discharge of oil emanates or threatens to emanate. The person in charge is the person at the vessel or facility who is empowered by the responsible person to initiate response actions and to perform all actions necessary to prevent, abate, contain, and remove all pollution. The responsible person or the person in charge must inform the General Land Office (GLO) of the person's strategy for responding to the unauthorized discharge, including whether the facility's or vessel's discharge prevention and response plan will be adequate for abating, containing, and removing pollution or whether it appears that an adequate response to the discharge will require deviation from the plan. The response strategy and proposed deviations from the plan must be reported to the on-scene coordinator on a regular basis throughout response operations.(b) The GLO may determine that the responsible person is unknown or appears unwilling or unable to respond adequately to the discharge, including reasonably foreseeable worst case scenarios of the discharge. The commissioner may delegate this determination to the state on-scene coordinator. In the event of such a determination the state on-scene coordinator may order the responsible person to take certain response actions. The state on-scene coordinator may also initiate response action by the state, either in addition to or in lieu of further response actions by the responsible person. As soon as possible after a determination of inadequate response, the state on-scene coordinator will notify the responsible person or the person acting for the responsible person of the inadequacy of response and inform the person of the intended corrective action. A determination that a responsible person appears unwilling or unable to respond adequately will be made by evaluating the resources committed to the response, the degree of cooperation with directions of the on-scene coordinator, the ability to commit further resources, and adherence to response and contingency plans.(c) The responsible person or anyone acting on behalf of the responsible person must notify the state on-scene coordinator if the person intends not to comply with, or has not complied with, state response orders or actions. The GLO may determine the person has unreasonably failed to comply with state response actions if noncompliance is for any reason other than an objective and reasonable belief that compliance unavoidably conflicts with federal requirements or poses an unjustifiable risk to public safety or natural resources. Any failure to comply may be grounds for a determination of inadequate response under subsection (b) of this section.(d) The responsible person must orally state the reasons for noncompliance with an order of the state on-scene coordinator and must give written justification for the refusal within 48 hours as required by OSPRA, §40.106.(e) The responsible person is required to provide an emergency response plan consistent with 29 Code of Federal Regulations §1910.120 for the health and safety of spill response personnel at the spill response scene. In order to comply with the National Contingency Plan, responsible persons must ensure that contractors and others under their employ have an emergency response plan program for the health and safety of personnel responding during the spill response. Failure to provide an emergency response plan for the health and safety of responders will be considered a failure to adequately respond to a spill event.(f) The responsible person is required to respond and operate in a manner consistent with the National Contingency Plan and any applicable area or local contingency plan. Source Note: The provisions of this §19.34 adopted to be effective February 21, 1992, 17 TexReg 1109; amended to be effective May 14, 1993, 18 TexReg 2849; amended to be effective March 6, 1995, 20 TexReg 1261; amended to be effective January 27, 2013, 38 TexReg 296; amended to be effective November 23, 2025, 50 TexReg 7424. 1 GENERAL LAND OFFICE 19 OIL SPILL PREVENTION AND RESPONSE C SPILL RESPONSE §19.34 Duties of Responsible Person https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18686&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18686 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18686&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18686 03/11/2026 (a) Other than persons employed by the responsible person or certified discharge cleanup organizations under contract with the responsible person, or any person conducting initial emergency response assistance, no person shall conduct cleanup operations without the approval of the on-scene coordinator. Authorization may be given individually or blanket authorization may be given to any group or class of persons or organizations. The General Land Office (GLO) will give preference to those persons who are certified as discharge cleanup organizations and to trained and qualified personnel.(b) Any person or discharge cleanup organization participating in response operations shall not receive or be eligible to receive compensation from the fund unless the participation was authorized by the GLO. A person or organization is entitled to a qualified immunity from liability for damages, response costs, or penalties only if acting pursuant to request of the on-scene coordinator, the responsible person, or in accord with the applicable contingency plan or response plan.(c) The GLO may waive the prior authorization requirement only if the assistance rendered was consistent with applicable contingency plans, and response plans, and was effective, cost-efficient, reasonably necessary, and did not endanger life, property, or natural resources. Source Note: The provisions of this §19.35 adopted to be effective February 21, 1992, 17 TexReg 1109; amended to be effective March 6, 1995, 20 TexReg 1261. 1 GENERAL LAND OFFICE 19 OIL SPILL PREVENTION AND RESPONSE C SPILL RESPONSE §19.35 Assistance https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=83110&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 83110 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=83110&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 83110 03/11/2026 (a) Waste from unauthorized discharges must be disposed of only at sites that have all necessary permits to accept the type of waste discharged.(b) All responsible persons and discharge cleanup organizations engaged in spill response operations shall minimize the generation of waste by utilizing techniques such as reusing sorbent pads, recycling recovered oil, recovering boom, and best available technologies.(c) The responsible person must remove all waste generated from an unauthorized discharge of oil from the temporary staging area within 14 days of the completion of all response operations.(d) When waste is generated in connection with spill response activities, the state on-scene coordinator may require the responsible person to provide copies of manifests, run tickets, invoices, or other written documentation that shows the name and address of the waste disposal facility and the date the waste was transported to it. This request will be made in writing and include a deadline for submittal of the disposal information to the state on-scene coordinator. Source Note: The provisions of this §19.36 adopted to be effective February 21, 1992, 17 TexReg 1109; amended to be effective March 6, 1995, 20 TexReg 1261; amended to be effective December 3, 2000, 25 TexReg 11660. 1 GENERAL LAND OFFICE 19 OIL SPILL PREVENTION AND RESPONSE C SPILL RESPONSE §19.36 Disposal https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160406&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 160406 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160406&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 160406 03/11/2026 (a) The General Land Office (GLO) will consider the opinions of the designated trustees in determining whether response actions are complete.(b) In addition to reporting an unauthorized discharge immediately after it occurs, the responsible person may be required to file a written report with the GLO. If required, the reporting form will be provided to the responsible person by the state on-scene coordinator. The report is due 60 days after being directed by the state on-scene coordinator to complete the report or 60 days after the response actions have been declared complete by the state on-scene coordinator, whichever date is earlier. The report must contain the following information:(1) incident date and time the responsible person was first aware oil threatened to enter Texas coastal waters;(2) amount of oil spilled;(3) product spilled;(4) areas that were impacted by the spill;(5) description of incident;(6) summary of response activity;(7) a description of the following actions which will be taken to prevent spills of a similar nature, including their effective implementation date:(A) conducting an analysis of the cause of the unauthorized discharge;(B) training to be implemented;(C) equipment operation and maintenance;(D) revised procedures;(E) revised inspection schedules; and(F) organizational changes. Source Note: The provisions of this §19.37 adopted to be effective February 21, 1992, 17 TexReg 1109; amended to be effective March 6, 1995, 20 TexReg 1261; amended to be effective December 3, 2000, 25 TexReg 11660; amended to be effective January 27, 2013, 38 TexReg 296. 1 GENERAL LAND OFFICE 19 OIL SPILL PREVENTION AND RESPONSE C SPILL RESPONSE §19.37 Completion of Response https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18673&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18673 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18673&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18673 03/11/2026 If the commissioner determines that the application of any provision of this subchapter would impair the effective and expeditious abatement, containment, removal, cleanup, or remediation of an unauthorized discharge or pollution or damage from an unauthorized discharge, or unreasonably endanger public health, safety, or welfare, public or private property, or natural resources, the commissioner may waive that provision. Source Note: The provisions of this §19.39 adopted to be effective February 21, 1992, 17 TexReg 1109. 1 GENERAL LAND OFFICE 19 OIL SPILL PREVENTION AND RESPONSE C SPILL RESPONSE §19.39 Waiver https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226794&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 226794 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226794&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 226794 03/11/2026 As funds are appropriated, the GLO may reimburse a state agency from the fund for its response costs. To be eligible for reimbursement a state agency must obtain prior written approval for the expense(s) from the State On Scene Coordinator. To request reimbursement from the fund for costs incurred in responding to an unauthorized discharge, a state agency must, within 90 days of the General Land Office's (GLO) declaration of the completion of response actions, submit to the GLO a report of its response activities and an itemization of the response costs it incurred. The GLO will approve reimbursement from the fund for costs of response actions it authorized or for any other reasonable and necessary response costs consistent with state response actions. The GLO may require additional information to support a response costs reimbursement claim under this section. Source Note: The provisions of this §19.51 adopted to be effective February 21, 1992, 17 TexReg 1109; amended to be effective March 6, 1995, 20 TexReg 1261; amended to be effective November 23, 2025, 50 TexReg 7424. 1 GENERAL LAND OFFICE 19 OIL SPILL PREVENTION AND RESPONSE D COMPENSATION AND LIABILITY §19.51 State Agency Reporting and Reimbursement Procedures https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=32314&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 32314 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=32314&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 32314 03/11/2026 (a) The General Land Office (GLO) will conduct a preliminary investigation of the discharge. If the GLO determines that the unauthorized discharge has caused any damages compensable under OSPRA, the GLO will identify the person or persons who appear responsible for the discharge.(1) Upon a determination that damages compensable under OSPRA have resulted from an actual unauthorized discharge of oil or are likely to result from a threatened discharge, the GLO will immediately designate the responsible person. The GLO will make this determination based on the actual conditions observed at the site of the discharge or threatened discharge and will consider the following factors:(A) the quantity of oil discharged or potentially dischargeable;(B) the location and probable path of the discharge;(C) the proximity to real or personal property owned by a person other than the responsible party;(D) the natural resources likely to be affected;(E) any other circumstance or factor relevant to an assessment of the impact of the actual or threatened discharge.(2) The GLO shall give notice to the responsible person immediately upon a determination that damages have resulted or will result from the discharge. The notice will be in writing and may also be conveyed orally. The designation may be challenged within five days of the written notice. One or more persons or entities may be designated as persons responsible. The designation will be made by reviewing and assessing the following factors:(A) the owner, operator, or charterer of the vessel or facility from which the discharge emanates;(B) the person responsible for the discharge;(C) the apparent cause of the discharge;(D) whether or not any defense to liability is obviously applicable to the discharge;(E) any other relevant factor which comes to the attention of the GLO.(b) Failure to challenge a proposed designation is not an admission of liability for the unauthorized discharge.(c) A challenge to the proposed designation must be made within five days in writing, fully state the grounds for the challenge, and be filed with the GLO. If the proposed designation is challenged or the GLO is unable to make a designation for any other reason, the GLO shall advertise the manner in which claims for response costs and damages must be filed.(d) If the proposed designation is not challenged within five days, the designated responsible person must inform the GLO of its intended advertising, claims, and payment procedures, including the name of any agent handling claims on the responsible person's behalf and the name of any underwriter for liability from the discharge. As a part of all claims procedures, the designated responsible person must inform all claimants of the availability of the state fund and the federal fund to pay claims.(e) Claims advertisements by the GLO or designated responsible persons must be printed each day for one week, beginning no later than 14 days after completion of the designation process, in the newspaper of largest general circulation in the locality in which the unauthorized discharge occurred. The locality means the county and contiguous counties where real or personal property affected by the discharge is located. Advertisements must also be placed in designated newspapers of general circulation anywhere in the State of Texas when the commissioner so orders due to the impact of the discharge on natural resources and on persons economically reliant on the use of acquisition of the natural resources. Advertising requirements may also include radio and television announcements of claims procedures. Source Note: The provisions of this §19.52 adopted to be effective February 21, 1992, 17 TexReg 1109; amended to be effective March 6, 1995, 20 TexReg 1261. 1 GENERAL LAND OFFICE 19 OIL SPILL PREVENTION AND RESPONSE D COMPENSATION AND LIABILITY §19.52 Designation of Responsible Person; Advertising Claims https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226795&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 226795 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226795&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 226795 03/11/2026 (a) OSPRA established the fund to provide immediately available compensation for response costs incurred and damages suffered as a result of an unauthorized discharge. The intent of this section is to avoid economic displacement and to simplify resolution of liability issues by creating procedures conducive to settlement and adjustment of claims in as orderly, efficient, and timely a manner as possible. "Reasonably responded" for the purposes of this section means that the receipt of the claim has been acknowledged, that claimant has been advised of the need for any further documentation to complete claims processing, and that the claimant has been advised in writing whether or not the responsible person will make an offer of settlement on any part or all of the claim and the date by which such offer will be made. As funds are appropriated, the GLO may reimburse damages or response costs from the fund as provided for in this subsection.(b) If there is a designated responsible person, all claims must be presented to the designated responsible person first.(1) If the claim is for $50,000 or less and is not reasonably responded to within 30 days of presentation to the designated responsible person, the claimant may present the claim to the General Land Office (GLO).(2) If the claim is for over $50,000 and is not reasonably responded to within 90 days of presentation to the designated responsible person, the claimant must present the claim to the federal fund prior to the presentation to the GLO. If a claim presented to the federal fund is not settled within 60 days of presentation, the claimant may then present it to the GLO.(c) If there is no designated responsible person, either because the identity of the person responsible for the unauthorized discharge is unknown or a proposed designation is challenged, claims of $50,000 or less may be presented to the GLO first. Claims over $50,000 must be presented to the federal fund first. Any such claim not reasonably responded to within 60 days may then be presented to the GLO.(d) A claim is presented when the GLO actually receives it. Claimants must present claims to the GLO within 180 days from the date the claim is first eligible to be filed with the GLO. When necessary to meet this deadline, the claimant may present the claim even though it is under consideration by the responsible person or the federal fund. The GLO may extend the 180-day period if the claimant cannot present it within that time for reasons beyond the claimant's control.(e) Claims must be in writing, must be signed and verified by the claimant or the claimant's agent or legal representative, and must include the following information:(1) whether it is for damages or response costs or both;(2) the cause, nature, and dollar amount of the claim;(3) whether the claim is covered by insurance or other benefits for which the claimant is eligible;(4) the amount and nature of any compensation or earnings the claimant received as a consequence of the unauthorized discharge; and(5) an oath or affirmation that the same claim is not being pursued through any other claim, suit, settlement, or proceeding.(f) The GLO may prescribe appropriate claim forms. Claimants must present claims to the GLO accompanied by evidence supporting the claim and proof that all prerequisites to filing a claim with the GLO have been satisfied, including a copy or summary of any offer of settlement or payment by the responsible person or the federal fund. Claimant must provide the GLO with a copy of the claim previously submitted to the designated responsible person. The GLO may require additional information or evidence to support a claim.(g) The GLO shall review the evidence and any settlement offer and may require or consider additional evidence or proof from the claimant or from the designated responsible person.(h) The GLO may, in its discretion, treat separately each class of damages or costs set out in a claim. The GLO may make partial awards of damages or costs set out in the claim based on separate classes of damages or costs or for other good cause.(i) If the GLO determines that the settlement offer was reasonable, and the claimant did not make reasonable effort to settle, or that the evidence submitted is insufficient to support the claim, the GLO will deny the claim. The GLO will inform the claimant and the designated responsible person of denial in writing. After denial, if a claimant attempts reasonable efforts to settle and the person responsible or the federal fund does not tender a reasonable settlement offer, the GLO may allow the claim to be reinstated.(j) If the GLO determines a settlement offer is not reasonable, or if a settlement offer is not a prerequisite to the claim, the GLO will propose an award amount. The GLO will notify the claimant and the responsible person of the proposal in writing.(k) The GLO will hold a hearing on the proposed award if either the claimant or the designated responsible person files a written request for a hearing within 20 days of issuance of the proposal.(l) If no hearing is requested within 20 days, or after the hearing if one is requested, the GLO will either notify the claimant and the designated responsible person of denial or tender the award to the claimant and notify the designated responsible person of the award amount. The claimant may reject the tender by returning it to the GLO within ten days of receipt.(m) Acceptance of an award is final settlement as to the claimant and constitutes a full release as to the claimant. If the tender is refused or not accepted within 10 days, the claimant is ineligible for compensation from the fund for the claim.(n) Compensation may be claimed and awarded for costs necessarily incurred for claims preparation and presentation.(o) The GLO will not consider any claim filed by a claimant who is pursuing substantially the same claim through litigation. Source Note: The provisions of this §19.53 adopted to be effective February 21, 1992, 17 TexReg 1109; amended to be effective March 6, 1995, 20 TexReg 1261; amended to be effective November 23, 2025, 50 TexReg 7424. 1 GENERAL LAND OFFICE 19 OIL SPILL PREVENTION AND RESPONSE D COMPENSATION AND LIABILITY §19.53 Claims Procedures https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18690&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18690 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18690&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18690 03/11/2026 To determine natural resource damages for purposes of an action under OSPRA, the General Land Office (GLO) may use the natural resource damages assessment methods adopted pursuant to Chapter 20 of this title (relating to Natural Resource Damage Assessment) or the methods by the United States Department of Interior under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 United States Code §1321 et seq.), or by the United States Department of Commerce under OPA. The GLO may use any reliable methods of assessment that it deems reasonable given the particular resources affected. Source Note: The provisions of this §19.54 adopted to be effective February 21, 1992, 17 TexReg 1109; amended to be effective March 6, 1995, 20 TexReg 1261. 1 GENERAL LAND OFFICE 19 OIL SPILL PREVENTION AND RESPONSE D COMPENSATION AND LIABILITY §19.54 Natural Resource Damages https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226796&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 226796 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226796&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 226796 03/11/2026 (a) The General Land Office (GLO) is required to recover expenditures from the fund pursuant to OSPRA, §40.153 and §40.161(a), and therefore the GLO will assess response costs as delineated in this subsection.(b) Whenever the GLO is unable to identify the person responsible for an unauthorized discharge of oil into or posing an imminent threat to coastal waters, the GLO will respond to the unauthorized discharge by initiating cleanup and other necessary response actions. Upon identification of the responsible person, the GLO will seek reimbursement for all monies expended from the fund including, but not limited to, the following:(1) actual costs of engaging a contractor to conduct cleanup;(2) actual expenses of GLO personnel including time, transportation, lodging, and overhead;(3) administrative and investigative expenses incurred in identifying the responsible person, including, but not limited to:(A) sampling and analysis of the discharged oil and comparison samples; and(B) field investigative costs; and(C) accounting and legal costs.(c) Whenever GLO personnel respond to the scene of an unauthorized discharge of oil that actually enters or poses an imminent threat to coastal waters, the following response costs shall be assessed against the responsible person:(1) actual expenses of GLO personnel including time, transportation, lodging, and overhead; and all administrative costs of preparing the assessment; or(2) a minimum response cost of $250.(d) The GLO will assess response costs when:(1) oil enters coastal waters;(2) oil does not enter coastal waters but poses an imminent threat to coastal waters and a response is required to prevent the oil from entering coastal waters.(e) The GLO will not assess response costs when:(1) oil enters coastal waters but GLO personnel do not spend more than two hours, excluding travel time, at the scene of the spill;(2) oil is spilled but does not enter or pose an imminent threat to coastal waters.(f) The minimum response cost of $250 will be billed whenever GLO personnel are required to monitor prevention or response activities and the time spent at the spill scene, excluding travel time, is more than two hours and less than eight hours. In the event that eight or more hours of GLO response personnel time is required at the scene of the spill, the responsible party will be assessed the actual costs of response incurred by the GLO. Response costs will not be assessed where either the Railroad Commission of Texas or the Texas Commission on Environmental Quality is the state on-scene coordinator, unless requested by the Railroad Commission of Texas or the Texas Commission on Environmental Quality and approved by the commissioner. Source Note: The provisions of this §19.55 adopted to be effective May 14, 1993, 18 TexReg 2849; amended to be effective March 6, 1995, 20 TexReg 1261; amended to be effective January 27, 2013, 38 TexReg 296; amended to be effective November 23, 2025, 50 TexReg 7424. 1 GENERAL LAND OFFICE 19 OIL SPILL PREVENTION AND RESPONSE D COMPENSATION AND LIABILITY §19.55 Response Costs https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226797&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 226797 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226797&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 226797 03/11/2026 (a) Applicability. This subchapter applies to any vessel that operates in the coastal waters of the state of Texas and has a total fuel, lube and cargo tank capacity equal to or exceeding 10,000 U.S. gallons.(b) Definitions. The following words, terms and phrases, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. All other terms are defined in §19.2 of this title (relating to Definitions).(1) MARPOL 73/78--The International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978, as amended.(2) Annex I of MARPOL--Regulations for the Prevention of Pollution by Oil.(3) Oil Tanker--A vessel constructed or adapted primarily to carry oil in bulk in its cargo spaces and includes combination carriers and any "chemical tanker" as defined in Annex II of MARPOL 73/78 when it is carrying a cargo or part cargo of oil in bulk.(4) Regulation 26 of Annex I of MARPOL--The regulation adopted in July of 1991 by the Marine Environment Protection Committee of the International Maritime Organization (IMO), requiring every oil tanker of 150 gross tons and above and every other vessel of 400 gross tons and above to carry on board a shipboard oil pollution emergency plan approved by its flag state, or authorized organization.(5) Vessel--Every description of watercraft or other contrivance used or capable of being used as a means of transportation on water, whether self-propelled or otherwise, including barges.(6) Authorized Person--The person who is responsible for and in control of all oil spill response operations on behalf of the vessel.(7) Official Number--The unique number assigned to a vessel for purposes of identification, e.g., the Texas State Registration Number, IMO Number, OPA Plan Number, etc.(8) Preparedness Manager--As required by MARPOL 73/78, the person responsible for ensuring that personnel aboard an international vessel are properly trained in mitigating and controlling an unauthorized discharge of oil.(9) Qualified Individual--The person authorized by the owner or operator of a vessel to conduct and assume responsibility for all emergency response operations for the vessel.(c) Exemptions(1) The GLO may grant an exemption from compliance with any requirement in this subchapter if special circumstances such as those listed below are identified by a vessel owner or operator and a request for exemption is submitted to the GLO as soon as possible before the effective period of the exemption being requested. Requests for exemptions will be considered by the GLO for the following situations, which are not meant to be exclusive of other situations where an exemption may be appropriate.(A) A vessel with only residual cargo or fuel on board being towed for repair, salvage, or demolition.(B) Vessels involved in unplanned emergency response or rescue activities.(C) Vessels involved in an emergency caused by operational malfunctions or the violence of nature.(2) A request for exemption must be made in writing and can be:(A) Mailed to: Texas General Land Office, Oil Spill Prevention and Response Division, P.O. Box 12873, Austin, Texas 78711-2873 or (B) Emailed to oilspills@glo.texas.gov.(3) All written requests for an exemption must include the following information:(A) the vessel's name;(B) the vessel's qualified individual or person in charge;(C) whether a vessel-specific and approved oil spill prevention and response plan is aboard the vessel;(D) the specific requirement for which an exemption is being sought;(E) a summary statement on why the exemption is being sought; and(F) the expected duration of the situation for which an exemption is sought.(4) The GLO will respond to requests for exemption as soon as possible. The vessel's owner or operator is responsible for obtaining the exemption before entering Texas coastal waters. If the exemption is denied, the GLO will provide its reasoning for denial. Source Note: The provisions of this §19.60 adopted to be effective November 14, 1995, 20 TexReg 9012; amended to be effective December 3, 2000, 25 TexReg 11661; amended to be effective January 27, 2013, 38 TexReg 296; amended to be effective November 23, 2025, 50 TexReg 7425. 1 GENERAL LAND OFFICE 19 OIL SPILL PREVENTION AND RESPONSE E VESSELS §19.60 Applicability, Definitions, Exemptions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226798&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 226798 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226798&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 226798 03/11/2026 (a) Vessel Response Plan Requirements.(1) Owners and operators of vessels subject to this subchapter are required to prepare and maintain written, vessel-specific discharge prevention and response plans. A tank or nontank vessel response plan approved by the U.S. Coast Guard satisfies the requirements of this section. A current copy of the plan must be maintained aboard each vessel. Owners and operators of unmanned vessels can satisfy the requirements of this section by maintaining the plan at a primary business location and maintaining the information in subparagraph (G) of this paragraph aboard the unmanned vessel. The vessel-specific discharge prevention and response plan shall include, at a minimum, the following information:(A) How to contact the owner and operator, including physical and mailing addresses, and a telephone number that is answered 24 hours a day. This information must also be provided for agents of the owner or operator who should be contacted initially instead of the owner or operator.(B) The names and contact information for the person(s)-in-charge, qualified individual(s), or authorized person(s).(C) Procedures for vessel personnel to make required reports to immediately notify regulatory agencies of unauthorized discharges or threatened discharges of oil.(D) The total vessel capacity for fuel and oil.(E) The vessel's official number.(F) If applicable, a copy of the Coast Guard Vessel Response Plan approval letter.(G) Spill prevention and response procedures, including:(i) shutting down operations;(ii) securing the source of the spill;(iii) assessing the spill situation and evaluating for safety hazards to vessel personnel;(iv) immediate actions for reducing the potential for future spillage;(v) assessing the condition of the vessel and taking action to prevent further vessel damage;(vi) notifying the GLO at 1-800-832-8224 as well as other regulatory agencies, local officials, and private property owners impacted by an unauthorized discharge; and(vii) anticipated actions for abating, containing, and cleaning up an unauthorized discharge of oil.(2) Owners and operators of unmanned vessels subject to this subchapter shall maintain the following information aboard each unmanned vessel:(A) How to contact the owner and operator, including physical and mailing addresses, a telephone number that is answered 24 hours a day. This information must also be provided for agents of the owner or operator who should be contacted initially instead of the owner or operator.(B) Qualified individual(s), authorized person(s), or preparedness manager(s).(C) A checklist for notification of appropriate regulatory agencies in the event of an unauthorized or threatened unauthorized discharge and pertinent information and procedures for response personnel to abate and respond to an actual spill.(D) The total vessel capacity for fuel and oil.(b) Submission of Information to the GLO.(1) Applicability. This section, which requires the submittal of limited information to the GLO, applies to owners and operators of any tank or nontank vessel over 400 gross tons required to maintain a federally approved response plan aboard the vessel. (2) Owners, operators or authorized persons of vessels to which this subsection applies must submit the following information to the GLO:(A) the name of the owner and operator;(B) the address of the owner and operator;(C) the electronic mail (email) address, if applicable;(D) the phone number of the owner and operator;(E) the qualified individual(s) or authorized person(s) for each vessel to be covered, and information on how these people can be contacted 24 hours a day;(F) the names and official numbers of vessels subject to this section;(G) the gross tonnage of all vessels subject to this section; and(H) the total capacity for fuel and oil of each vessel subject to this section.(3) Completion and Update of information. A vessel owner, operator or authorized person(s) can update information on file with the GLO in the following ways:(A) Electronically. The GLO has established a link on its website (www.glo.texas.gov) to allow a vessel owner, operator or authorized person(s) to review, update, and amend information on file with the GLO. A vessel owner, operator or authorized person(s) must establish online security credentials by contacting the appropriate Oil Spill Field Office or by emailing a request to oilspills@glo.texas.gov. To minimize the GLO's administrative expense of updating information, the GLO encourages vessel owners, operators or authorized person(s)to use the GLO website to revise vessel information on file with the GLO.(B) Mail. If a vessel owner, operator or authorized person(s) cannot update information over the GLO website, updated information can be sent by standard mail, email to oilspills@glo.texas.gov or by calling (512) 475-1575 during business hours. Source Note: The provisions of this §19.61 adopted to be effective November 14, 1995, 20 TexReg 9012; amended to be effective June 21, 1998, 23 TexReg 6238; amended to be effective December 3, 2000, 25 TexReg 11661; amended to be effective January 27, 2013, 38 TexReg 296; amended to be effective November 23, 2025, 50 TexReg 7425. 1 GENERAL LAND OFFICE 19 OIL SPILL PREVENTION AND RESPONSE E VESSELS §19.61 Vessel Response Plans https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=83138&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 83138 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=83138&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 83138 03/11/2026 Owners and operators of vessels shall establish and maintain evidence of financial responsibility for costs and damages from unauthorized discharges of oil pursuant to any applicable federal law. Source Note: The provisions of this §19.62 adopted to be effective November 14, 1995, 20 TexReg 9012; amended to be effective December 3, 2000, 25 TexReg 11661. 1 GENERAL LAND OFFICE 19 OIL SPILL PREVENTION AND RESPONSE E VESSELS §19.62 Financial Responsibility https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=104275&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 104275 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=104275&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 104275 03/11/2026 Denial of entry into port of any vessel without evidence of financial responsibility or without a discharge prevention and response plan in violation of §19.61 and §19.62 of this title (relating to Response Plans and Financial Responsibility) shall be done in cooperation with the United States Coast Guard when practicable. Source Note: The provisions of this §19.63 adopted to be effective November 14, 1995, 20 TexReg 9012; amended to be effective December 3, 2000, 25 TexReg 11661; amended to be effective September 18, 2003, 28 TexReg 7996. 1 GENERAL LAND OFFICE 19 OIL SPILL PREVENTION AND RESPONSE E VESSELS §19.63 Entry into Port https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=195199&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 195199 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=195199&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 195199 03/11/2026 (a) Applicability. This subchapter applies to any structure or vessel in or on coastal waters, on public or private lands or at a public or private port or dock if the structure or vessel is in a wrecked, derelict, or substantially dismantled condition.(b) Purpose. There has been an increase in the number of derelict and abandoned vessels that are either grounded or anchored upon publicly or privately owned submerged lands. These vessels are public nuisances and safety hazards as they often pose hazards to navigation, detract from the aesthetics of Texas coastal waterways, and threaten the environment with the potential release of oil and hazardous substances. The costs associated with the disposal of derelict and abandoned vessels are substantial, and in many cases there is no way to track down the current vessel owners in order to seek compensation. As a result, the costs associated with the removal of derelict vessels becomes a burden on public entities and the taxpaying public. This subchapter is adopted to implement H.B 2096 (Acts 2005, 79th Legislature, Chapter 216, effective September 1, 2005), H.B. 3306 (Acts 2009, 81st Legislature, Chapter 1324, effective September 1, 2009), and H.B. 1625 (Acts 2017, 85th Legislature, Chapter 259, effective September 1, 2017). Source Note: The provisions of this §19.70 adopted to be effective September 13, 2010, 35 TexReg 8377; amended to be effective April 23, 2019, 44 TexReg 2055. 1 GENERAL LAND OFFICE 19 OIL SPILL PREVENTION AND RESPONSE F DERELICT VESSELS AND STRUCTURES §19.70 Applicability and Purpose https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160410&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 160410 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160410&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 160410 03/11/2026 The following words, terms and phrases, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. All other terms are defined in §19.2 of this title (relating to Definitions).(1) Abandoned vessel--A vessel that has been left, moored, or anchored in the same area without the express consent, or contrary to the rules of, the owner, manager, or lessee of the submerged lands below or on which the vessel is located for either a period of more than 21 consecutive days or for more than a total of ninety days in any three hundred sixty-five-day period, and the vessel's owner is:(A) Not known or cannot be located; or(B) Known and located but is unwilling to take control of the vessel. For the purposes of this subchapter only, "in the same area" means within a radius of five miles of any location where the vessel was previously moored or anchored on submerged lands.(2) Authorized public entity--The commissioner of the General Land Office or a local government with jurisdiction over submerged land on or over which a derelict vessel is located that has adopted a local ordinance relating to removal and disposal of derelict vessels and has contracted with the commissioner for such removal or disposal.(3) Derelict structure--Any structure or facility in or on coastal waters that presents, in the commissioner's sole determination, an imminent and unreasonable threat to public health, safety or welfare.(4) Derelict vessel--A vessel that is either wrecked or in a substantially dismantled condition.(5) Disposal--Disposition of a derelict vessel or structure in a reasonable and environmentally sound manner. The term includes:(A) delivery of possession to a person claiming ownership in accordance with §19.74 of this title (relating to Claim of Ownership);(B) delivery of possession to a lien holder claiming a right to possession in accordance with §19.75 of this title (relating to Lien Holder Rights);(C) sale to a third party in accordance with §19.76 of this title (relating to Sale of Derelict Vessel or Structure);(D) transportation of waste generated from the removal of a vessel or structure with no intrinsic value to an authorized landfill, recycling center, or hazardous waste management facility for in accordance with Chapter 361 Texas Natural Resources Code.(6) Hazardous substance--Any substance, except oil, designated as hazardous by the Environmental Protection Agency pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. §9601 et seq.) and designated by the Texas Commission on Environmental Quality.(7) Intact hull--A vessel that has no openings or perforations in the bottom or side below the deck.(8) Lien holder--The holder of a security interest in a vessel or structure created by statute or contract to secure the payment of a debt or performance of some other obligation, where the security interest is perfected in accordance with the laws of this State or some other jurisdiction.(9) Navigation hazard--Any vessel or structure that presents, in the commissioner's sole determination, an obstruction which impedes or stops navigation; or poses an immediate and significant threat to life, property, or a structure that facilitates navigation. The term includes a vessel or structure without appropriate navigational markers or a vessel that is not moored to a dock, mooring buoy, or other appropriate navigational structure.(10) No intrinsic value--The condition of a vessel or structure where the cost of removal and disposal of a vessel or structure that has been abandoned or left in or on coastal waters exceeds the salvage value of the vessel or structure.(11) Numbered vessel--A vessel:(A) for which a certificate of number has been awarded by this state as required by Chapter 31, Texas Parks and Wildlife Code; or(B) covered by a number in full force and effect awarded under federal law or a federally approved numbering system of another state.(12) Person claiming ownership--A person listed as the last known owner of a numbered vessel or who provides evidence of ownership as provided in §19.72 of this title (relating to Authority of Authorized Public Entity). The term includes an insurance company that obtains title to a vessel or structure as the result of payment of a total loss claim.(13) Person responsible or responsible person--The owner or operator of a vessel or structure. In the case of an abandoned vessel or terminal facility, the person who would have been the responsible person immediately prior to the abandonment. The term includes a person that owns a controlling interest in the entity that is considered a person responsible.(14) Removal--The removal of a derelict vessel or structure from waters of the state to a secure storage area or place of disposal.(15) Substantially dismantled--A vessel that lacks any of the following elements:(A) rigging;(B) transom;(C) helm;(D) engine; or(E) intact hull. For purposes of this subchapter only, a barge constructed and used for the transportation of cargo does not require a functional helm or engine, provide that is not wrecked or abandoned.(16) Threatened unauthorized discharge of oil--The condition of a derelict vessel that has either a history of an actual unauthorized discharge of oil or the presence of oil on the vessel.(17) Threat to public health, safety, or welfare--Any vessel or structure in or on coastal waters which presents, in the commissioner's sole determination, an imminent and unreasonable threat to public health, safety or welfare. In making such determination, the commissioner shall consider whether or not a structure or facility:(A) is fit for its intended purpose;(B) is safe for its foreseeable use by the public;(C) is hidden or not visibly apparent to the public; or(D) possesses other characteristics or conditions which threaten public safety, health, or welfare.(18) Threat to the environment--The condition of a derelict vessel that has either a history of an actual release of a hazardous substance or the presence of a hazardous substance on the vessel.(19) Unnumbered Vessel--A vessel for which no certificate of number or other number as defined in paragraph (11) of this section is present.(20) VMS Site--A vessel management storage site used for the purpose of providing a means of dry-land access to vessels for removal from state waters, temporary storage, and disposal offsite after appropriate processing of the vessel.(21) Wrecked--A vessel that is fully or partially submerged, resting fully or partially on submerged land, or is in danger of sinking. Source Note: The provisions of this §19.71 adopted to be effective September 13, 2010, 35 TexReg 8377; amended to be effective January 27, 2013, 38 TexReg 297. 1 GENERAL LAND OFFICE 19 OIL SPILL PREVENTION AND RESPONSE F DERELICT VESSELS AND STRUCTURES §19.71 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148243&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 148243 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148243&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 148243 03/11/2026 (a) An authorized public entity has the authority, subject to the processes and limitations of this subchapter, to store, strip, use, auction, sell, salvage, scrap, or dispose of a derelict vessel found on or above submerged lands within the jurisdiction of the authorized public entity. A vessel disposal must be done in an environmentally sound manner and in accordance with all federal, state, and local laws, including the state solid waste disposal provisions provided for in Chapter 361, Texas Health and Safety Code. Scuttling or sinking of a vessel is only permissible after obtaining the express permission of the owner or owners of the submerged lands below where the scuttling or sinking would occur, and obtaining all necessary state and federal permits or licenses.(b) The primary responsibility to remove a derelict or abandoned vessel belongs to the owner, operator, or lessee of the moorage facility or the lessee of the submerged lands where the vessel is located. If the authorized public entity with jurisdiction is unwilling or unable to exercise the authority granted by this section, it may request the General Land Office to assume the authorized public entity's authority for a particular vessel. The General Land Office may, at its discretion, assume authority for a particular vessel after being requested to do so. For vessels not at a moorage facility, an authorized public entity with jurisdiction over the submerged lands where the vessel is located may, at its discretion, request to assume primary responsibility for that particular vessel from the owner of the submerged lands where the vessel is located.(c) An authorized public entity that contracts for the removal and disposal of derelict vessel or structure shall require the contractor to maintain a policy of insurance to cover the cost of response to and removal of any unauthorized discharge of oil caused by the contractor during the removal and storage of the vessel or structure.(d) Nothing in this subchapter shall limit the authority of a law enforcement agency to use agency personnel, equipment, and facilities or contract for other personnel, equipment, and facilities to remove, preserve, store, send notice regarding, and dispose of an abandoned motor vehicle, watercraft, or outboard motor taken into custody by the agency or the disposal under Texas Transportation Code, §§683.011 - 683.016, or the authority of a municipality or county for the abatement and removal from private or public property or a public right-of-way of a junked vehicle or part of a junked vehicle as a public nuisance under Texas Transportation Code, §§683.071 - 683.078.(e) The authority granted by this subchapter is permissive, and no authorized public entity has a duty to exercise the authority. No liability attaches to an authorized public entity that chooses not to exercise this authority. Source Note: The provisions of this §19.72 adopted to be effective September 13, 2010, 35 TexReg 8377. 1 GENERAL LAND OFFICE 19 OIL SPILL PREVENTION AND RESPONSE F DERELICT VESSELS AND STRUCTURES §19.72 Authority of Authorized Public Entity https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=195200&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 195200 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=195200&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 195200 03/11/2026 (a) Before removing or disposing of a derelict vessel or structure, an authorized public entity must obtain an order from the commissioner for removal or disposal after notice and an opportunity for hearing as provided in §40.254, Texas Natural Resources Code, except that the commissioner may remove a vessel or structure involved in an actual or threatened unauthorized discharge of oil, a vessel or structure that creates an imminent and significant threat to life or property, or a vessel or structure that creates a significant navigation hazard as part of a response action without a hearing.(b) The authorized public entity shall remove the derelict vessel or structure to a VMS Site unless provided otherwise in the removal order issued by the commissioner. In determining whether removal to a VMS Site should be waived, the commissioner may consider:(1) that the size or condition of the vessel or structure makes it impractical to store at a VMS Site;(2) that an urgent public necessity exists that requires immediate removal and disposal; or(3) that the derelict vessel or structure has no intrinsic value as determined by the commissioner in the removal order. In determining whether the vessel or structure has no intrinsic value, the commissioner shall consider the factors described in §19.78 of this title (relating to Determination of No Intrinsic Value).(c) The authorized public entity may dispose of the vessel or structure in any reasonable and environmentally sound manner. The authorized public entity shall give preference to disposal options that generate a monetary benefit from the vessel or structure. Proceeds from the sale of the vessel or structure in accordance with §19.76 of this title (relating to Sale of Derelict Vessel or Structure) shall be used for removal, storage, and disposal costs; however, any proceeds in excess of the cost of removal, storage, and disposal shall be deposited to the credit of the coastal protection fund, except as provided by §19.75 of this title (relating to Lien Holder Rights). If no value may be generated from the vessel or structure, the authorized public entity shall select the least costly method of disposal in accordance with §19.77 of this title (relating to Disposal of Derelict Vessel or Structure).(d) A derelict vessel or structure with absent registration numbers as defined in §19.71(11) of this title (relating to Numbered Vessels) may be subject to immediate removal by the commissioner if the commissioner determines in his sole discretion that the vessel is also:(1) a navigational hazard as defined by §19.71(9) of this title; or(2) a threat to public health, safety or welfare as defined by §19.71(18) of this title. Source Note: The provisions of this §19.73 adopted to be effective September 13, 2010, 35 TexReg 8377; amended to be effective January 27, 2013, 38 TexReg 297; amended to be effective April 23, 2019, 44 TexReg 2055. 1 GENERAL LAND OFFICE 19 OIL SPILL PREVENTION AND RESPONSE F DERELICT VESSELS AND STRUCTURES §19.73 Procedure for Removal or Disposal by an Authorized Public Entity https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148245&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 148245 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148245&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 148245 03/11/2026 (a) A person claiming ownership of a vessel or structure must demonstrate to the satisfaction of the commissioner that the person has a lawful right to possession of a vessel or structure by purchase, exchange, gift, lease, inheritance, or legal action whether or not the vessel is subject to a security interest. The evidence must include either a sworn statement asserting ownership that details the manner in which ownership was acquired, evidence of registration or documentation from an authorized federal or state agency, or evidence of assessed value from the appropriate taxing authority.(b) The authorized public entity may deliver possession of a vessel or structure that has been the subject of a removal action in accordance with Texas Natural Resources Code §40.108, to a person claiming ownership prior to its disposal. The person claiming ownership must reimburse the authorized public entity for costs incurred for the removal and storage before delivery of possession and no later than the time specified in a notice of intention to dispose of the vessel or structure.(c) A person claiming ownership that obtains delivery of possession of a vessel or structure that has been the subject of a removal action must agree that the person will not abandon the same vessel or structure in violation of Texas Natural Resources Code §40.108 and that breach of such agreement will subject the person to an civil penalty in the amount specified in Texas Natural Resources Code §40.251(f). Source Note: The provisions of this §19.74 adopted to be effective September 13, 2010, 35 TexReg 8377. 1 GENERAL LAND OFFICE 19 OIL SPILL PREVENTION AND RESPONSE F DERELICT VESSELS AND STRUCTURES §19.74 Claim of Ownership https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148246&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 148246 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148246&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 148246 03/11/2026 (a) If the commissioner has actual notice that a person holds a security interest in a vessel or structure subject to removal or disposal under Texas Natural Resources Code §40.108, notice must be given to the person in the manner provided by Texas Natural Resources Code §40.254. The preliminary report sent to the lien holder shall specify a reasonable time for removal of the vessel or structure. The GLO has no obligation to check lien records for security interests in a vessel before its removal and disposal.(b) If the vessel or structure is not removed within a reasonable time as specified in the preliminary report under, Texas Natural Resources Code §40.254, the commissioner may remove and dispose of, or contract for the removal and disposal of, a derelict vessel or structure described by subsection (a) of this section.(c) The interest of the state in recovering removal, storage, and disposal costs shall have priority over the interest of the holder of a security interest in a vessel or structure described by subsection (a) of this section.(d) A person claiming the right to possession as a lien holder of a vessel or structure subject to removal or disposal must demonstrate to the satisfaction of the commissioner that the security interest of the person has been perfected in accordance with the laws of this State or some other jurisdiction.(e) The authorized public entity may deliver possession of a vessel or structure that has been the subject of a removal action in accordance with Texas Natural Resources Code §40.108, to a lien holder prior to its disposal. The lien holder must reimburse the authorized public entity for costs incurred for the removal and storage before delivery of possession and no later than the time specified in a notice of intention to dispose of the vessel or structure.(f) Proceeds from the sale of the vessel or structure in excess of the cost of removal, storage, and disposal shall be paid to the holder of the security interest in the vessel or structure in an amount not to exceed the amount necessary to satisfy the secured debt. Source Note: The provisions of this §19.75 adopted to be effective September 13, 2010, 35 TexReg 8377. 1 GENERAL LAND OFFICE 19 OIL SPILL PREVENTION AND RESPONSE F DERELICT VESSELS AND STRUCTURES §19.75 Lien Holder Rights https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148247&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 148247 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148247&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 148247 03/11/2026 (a) If a derelict vessel or structure is not claimed under §19.74 of this title (relating to Claim of Ownership) or §19.75 of this title (relating to Lien Holder Rights):(1) the owner or lien holder:(A) waives all rights and interests in the vessel or structure, except that in the case of a security interest, the lien holder is entitled to be paid from the proceeds that exceed the cost of removal, storage, and disposal, an amount necessary to satisfy the secured debt; and(B) consents to the sale of the item by the authorized public entity, transfer the item, if a watercraft, or the disposal of the item; and(2) the authorized public entity may sell the vessel or structure as provided by law or dispose of the vessel or structure as provided in §19.77 of this title (relating to Disposal of Derelict Vessel or Structure).(b) The purchaser of a vessel:(1) takes title free and clear of all liens and claims of ownership;(2) shall receive a sales receipt from the authorized public entity and a copy of the commissioner's order authorizing disposal of the vessel after notice and an opportunity for hearing has occurred; and(3) is entitled to register the vessel and apply for a certificate of title from Texas Parks and Wildlife Department for the vessel as property seized by a governmental entity.(c) The purchaser of a vessel or structure that has been the subject of a removal action must agree that the person will not abandon the same vessel or structure in violation of Texas Natural Resources Code §40.108 and that breach of such agreement will subject the person to an civil penalty in the amount specified in Texas Natural Resources Code §40.251(f). Source Note: The provisions of this §19.76 adopted to be effective September 13, 2010, 35 TexReg 8377. 1 GENERAL LAND OFFICE 19 OIL SPILL PREVENTION AND RESPONSE F DERELICT VESSELS AND STRUCTURES §19.76 Sale of Derelict Vessel or Structure https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148248&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 148248 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148248&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 148248 03/11/2026 (a) The authorized public entity may contract for the disposal and transportation of waste generated from the removal of a vessel or structure with no intrinsic value to an authorized landfill, recycling center, or hazardous waste management facility for in accordance with Chapter 361 Texas Health and Safety Code.(b) The authorized public entity shall require the contractor for disposal and transportation under this section to state separately in its invoice the credit for salvage value of the vessel or structure, if any, and other costs for removal, storage, and disposal. The authorized public entity may disqualify a potential disposal contractor from consideration for award of a disposal contract if the credit for salvage, if any, is not stated separately.(c) The authorized public entity may require the contractor for disposal and transportation under this section to provide copies of manifests, run tickets, invoices, or other written documentation that shows the name and address of the waste disposal facility and the date the waste was transported to it. This request will be made in writing and include a deadline for submittal of the disposal information.(d) With the consent of the Texas Parks and Wildlife Department, the authorized public entity may transfer a watercraft that is not claimed under §19.74 of this title (relating to Claim of Ownership) or §19.75 of this title (relating to Lien Holder Rights) to the Parks and Wildlife Department for use as part of an artificial reef under Chapter 89, Texas Parks and Wildlife Code, or for other use by the Texas Parks and Wildlife Department permitted under the Texas Parks and Wildlife Code. On transfer of the watercraft, the Texas Parks and Wildlife Department:(1) takes title free and clear of all liens and claims of ownership; and(2) is entitled to register the watercraft and receive a certificate of title. Source Note: The provisions of this §19.77 adopted to be effective September 13, 2010, 35 TexReg 8377. 1 GENERAL LAND OFFICE 19 OIL SPILL PREVENTION AND RESPONSE F DERELICT VESSELS AND STRUCTURES §19.77 Disposal of Derelict Vessel or Structure https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148249&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 148249 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148249&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 148249 03/11/2026 In making a determination that a vessel or structure has no intrinsic value, the commissioner shall consider the following factors:(1) the condition of the vessel or structure, including whether the derelict vessel or structure:(A) is substantially dismantled and lacks more than one of the major components listed in §19.71(15) of this title (relating to Definitions);(B) has any salvageable major components including, but not limited to, engine, hull, fuel tank, or rigging;(C) is unnumbered or lacks current registration; or(D) has any other relevant condition affecting its value.(2) the cost for removal, storage, and disposal of the vessel relative to the salvage value of the vessel or structure;(3) the cost of conducting a sale to a third party relative to the salvage value of the vessel or structure; and(4) any other matter deemed relevant by the commissioner. Source Note: The provisions of this §19.78 adopted to be effective September 13, 2010, 35 TexReg 8377. 1 GENERAL LAND OFFICE 19 OIL SPILL PREVENTION AND RESPONSE F DERELICT VESSELS AND STRUCTURES §19.78 Determination of No Intrinsic Value https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148250&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 148250 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148250&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 148250 03/11/2026 This subchapter does not impose a duty on an authorized public entity to remove or dispose of a derelict vessel or structure. The commissioner may consider the following factors in determining the priority for removal of a derelict vessel or structure:(1) whether there is an imminent threat of the unauthorized discharge of oil or release of a hazardous substance from the vessel or structure;(2) whether there is an imminent threat that the vessel or structure will break apart;(3) proximity of the vessel or structure to a navigational channel;(4) proximity of the vessel or structure to a critical natural resource area;(5) whether the local government with jurisdiction over submerged land on or over which a derelict vessel or structure is located has adopted a local ordinance relating to removal and disposal of derelict vessels and has contracted with the commissioner for such removal or disposal;(6) whether federal and local governmental financial participation in the removal project is maximized, including in-kind contributions;(7) whether financial participation by private beneficiaries of the removal project is maximized, including in-kind contributions;(8) whether the removal project achieves efficiencies and economies of scale;(9) the cost of the proposed project in relation to the amount of money available from appropriated funds; and(10) any other matter deemed relevant by the commissioner. Source Note: The provisions of this §19.79 adopted to be effective September 13, 2010, 35 TexReg 8377. 1 GENERAL LAND OFFICE 19 OIL SPILL PREVENTION AND RESPONSE F DERELICT VESSELS AND STRUCTURES §19.79 Prioritization of Derelict Vessel and Structure Removal https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148671&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 148671 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148671&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 148671 03/11/2026 The commissioner of the Texas General Land Office (commissioner) adopts these rules pursuant to the Oil Spill Prevention and Response Act (OSPRA), Texas Natural Resources Code, §40.107(c)(4). OSPRA also requires the Texas Commission on Environmental Quality and Texas Parks and Wildlife Department to adopt these rules. They will incorporate these rules, after they have been adopted by the General Land Office and become effective, into their rules. These rules are applicable in the event that an unauthorized discharge of oil to coastal waters results in injury to natural resources. These rules are intended to be consistent with the National Contingency Plan and the Area Contingency Plan, which are defined in §20.10 of this title (relating to Definitions). These rules are also intended to achieve consistency, to the extent allowed by OSPRA, §40.107, with existing and proposed federal rules for assessing damages to injured natural resources. Thus, the state natural resource trustees are encouraged to cooperate and coordinate their actions with the federal trustees. The federal trustees are, of course, not bound by these rules and have the right to bring separate claims in addition to any claim made by the state trustees. Even though state and federal trustees may bring a separate claim, double recovery is prohibited. The state trustees may bring a claim for natural resource damages pursuant to their authority under the Oil Pollution Act of 1990 (OPA), 33 United States Code Annotated, §2701 et seq., or under OSPRA, §40.107. The state trustees may utilize the natural resource damage assessment procedures established under the rule or under the rules adopted pursuant to OPA, or a combination of procedures drawn from both OPA and OSPRA rules. The state trustees, when utilizing some or all of the OPA procedures, will encourage the federal trustees, as defined in §20.10 of this title, to invite the responsible party to participate in the process pursuant to the procedure in §20.23 of this title (relating to Responsible Person Participation). Source Note: The provisions of this §20.1 adopted to be effective October 19, 1994, 19 TexReg 7911; amended to be effective October 21, 2010, 35 TexReg 9318. 1 GENERAL LAND OFFICE 20 NATURAL RESOURCES DAMAGE ASSESSMENT A GENERAL PROVISIONS §20.1 Declaration and Intent https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3515&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3515 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3515&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3515 03/11/2026 This chapter applies to any unauthorized discharge of oil that enters or poses an imminent threat to Texas coastal waters. Source Note: The provisions of this §20.2 adopted to be effective October 19, 1994, 19 TexReg 7911. 1 GENERAL LAND OFFICE 20 NATURAL RESOURCES DAMAGE ASSESSMENT A GENERAL PROVISIONS §20.2 Applicability https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18675&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18675 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18675&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18675 03/11/2026 As used in these rules, words in the singular also include the plural and words in the masculine gender also include the feminine and vice versa, as the case may require. Any reference to "days" in this chapter shall refer to calendar days. Source Note: The provisions of this §20.3 adopted to be effective October 19, 1994, 19 TexReg 7911. 1 GENERAL LAND OFFICE 20 NATURAL RESOURCES DAMAGE ASSESSMENT A GENERAL PROVISIONS §20.3 Usage https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18681&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18681 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18681&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18681 03/11/2026 If any section or provision of this chapter or the application of that section or provision to any person, situation, or circumstance is determined to be invalid by a court of competent jurisdiction for any reason, such adjudication shall not affect any other section or provision of this chapter or the application of the adjudicated section or provision to any other person, situation, or circumstance. The commissioner of the Texas General Land Office declares that he would have adopted the valid portions and applications of this chapter without the invalid part, and to this end the provisions of this chapter are declared to be severable. Source Note: The provisions of this §20.4 adopted to be effective October 19, 1994, 19 TexReg 7911. 1 GENERAL LAND OFFICE 20 NATURAL RESOURCES DAMAGE ASSESSMENT A GENERAL PROVISIONS §20.4 Severability https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148672&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 148672 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148672&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 148672 03/11/2026 The following words, terms and phrases, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Acquisition of equivalent--The acquisition of a natural resource that provides services substantially equivalent to those injured as the result of an unauthorized discharge of oil.(2) Area Contingency Plan--The contingency plan required by the Federal Water Pollution Control Act (33 United States Code Annotated §1321(j)(4)).(3) Assessment or natural resource damage assessment--The process of collecting, compiling and analyzing information through prescribed procedures and protocols to determine damages for injuries to natural resources and any loss in the services provided by the natural resources resulting from an unauthorized discharge of oil.(4) Assessment area--The area or areas within which natural resources and the services they provide have been affected directly or indirectly by the unauthorized discharge of oil.(5) Center--The Center for Public Policy Dispute Resolution and any successor entity established by the University of Texas providing statewide assistance and expertise to government agencies and courts for the design and implementation of alternative dispute resolution processes.(6) Coastal Protection Fund (CPF)--The fund established by the OSPRA, §40.151.(7) Coastal waters--The waters and bed of the Gulf of Mexico within the jurisdiction of the State of Texas, including the arms of the Gulf of Mexico subject to tidal influence, and any other waters contiguous thereto that are navigable by vessels with a capacity to carry 10,000 gallons or more of oil as fuel or cargo and as further defined in §19.2(a)(1) of this title (relating to Definitions).(8) Commissioner--The commissioner of the Texas General Land Office.(9) Comprehensive damage assessment--A method including sampling, modeling, and other appropriate scientific procedures to make a reasonable and rational determination of injury to natural resources resulting from an unauthorized discharge of oil.(10) Cost-effective--When two or more activities provide the same or a similar level of benefits, the one which costs the least is cost-effective.(11) Damages--With respect to natural resources, includes the cost to assess, restore, rehabilitate, replace and/or acquire the equivalent of injured natural resources, or to mitigate further injury, and their diminution in value after such restoration, rehabilitation, replacement, or mitigation.(12) Discharge of oil--An intentional or unintentional act or omission by which harmful quantities of oil are spilled, leaked, pumped, poured, emitted, or dumped into or on coastal waters or at a place adjacent to coastal waters where, unless controlled or removed, an imminent threat of pollution to coastal waters exists.(13) Ecological services--The services provided by natural resources to each other and includes, but is not limited to, water purification, flood control, erosion control, shelter, food supply, and reproductive habitats.(14) Expedited damage assessment--A method selected by the state trustees that allows for prompt initiation of restoration, replacement, rehabilitation, and/or acquisition of an equivalent natural resource without lengthy analysis of the impact on affected natural resources and which may utilize limited, focused field and/or laboratory studies related to injured natural resources.(15) Exposure--When all or part of a natural resource is or may be in physical contact with oil or with media containing oil or its degradation products.(16) Federal fund--The Oil Spill Liability Trust Fund established by the Internal Revenue Code of 1986, 26 United States Code §9509.(17) Federal trustee--Officials of the federal government designated, according to OPA, §2706(b)(2), as trustees and also includes, for the purposes of the rules, Indian tribes and foreign governments which may present a claim for and recover damages for injury to natural resources.(18) Field investigation--An evaluation of the area impacted by an unauthorized discharge of oil to determine the actual and potential exposure of natural resources and the impact on natural resources and the services they provide for the purpose of evaluating which damage assessment methods, if any, should be utilized by state trustees.(19) Harmful quantity--A quantity of oil that has created a sheen or film on coastal waters or that has been deposited as a sludge or emulsion in, on or under coastal waters.(20) Incident--Any unauthorized discharge of oil or series of unauthorized discharges of oil having the same origin, involving one or more vessels, facilities, or any combination thereof.(21) Injury--Any measurable adverse change, either long or short term, in the chemical or physical quality or the viability of a natural resource or any loss of a service provided by that resource resulting either directly or indirectly from exposure to an unauthorized discharge of oil.(22) Lead administrative trustee--The state trustee responsible for compiling the assessment record and for coordinating activities of the state in the natural resource damage assessment process.(23) Limited observable mortality--A determination that, in the best professional judgment of the state trustees, the mortality of natural resources from exposure to oil is not extensive or severe.(24) Loss--A measurable adverse reduction in the chemical or physical quality or the viability of a natural resource or a reduction in a service provided by a natural resource resulting either directly or indirectly from exposure to an unauthorized discharge of oil.(25) Mediation--The process defined in the Texas Civil Practice and Remedies Code, §154.023.(26) National Contingency Plan--The federal regulations for response to oil spills and releases of hazardous substances, published at the Code of Federal Regulations, Title 40, Part 300.(27) Natural recovery--The process through which injured resources and their services recover, without additional human intervention.(28) Natural resources--All land, fish, shellfish, fowl, wildlife, biota, vegetation, air, water, groundwater, and other similar resources owned, managed, held in trust, regulated, or otherwise controlled by the State of Texas.(29) Negotiated assessment--Any assessment method agreed to by the state trustees and the responsible person.(30) Oil--Oil of any kind or in any form, including but not limited to crude oil, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil, but does not include petroleum, including crude oil or any fraction thereof, which is specifically listed or designated as a hazardous substance under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42 United States Code Annotated §9601(14)(A) - (F), and which is subject to the provisions of that Act.(31) OSPRA--The Oil Spill Prevention and Response Act, Texas Natural Resources Code, Chapter 40.(32) OPA--The Oil Pollution Act of 1990, 33 United States Code Annotated §2701 et seq.(33) Passive use values--The values a person places on natural resources which are not derived from direct use of those resources. These values include the value derived from: the knowledge of the existence of the resource and its protection; the availability of the resource for the use of a person, a person's family and other members of the public; and the knowledge that the resources will be available for future generations.(34) Pathway--Any physical, biological or chemical link that connects a natural resource to an unauthorized discharge of oil.(35) Pre-discharge condition--The condition or conditions of the natural resources and the level of services provided by those resources before the unauthorized discharge of oil. Pre-discharge condition may be measured by use of a reference area or a reference resource or by analysis of historical data.(36) Properties of oil--The persistence, degradability, dispersability, toxicity, bioaccumulative effects, and any other characteristics relevant to a particular unauthorized discharge of oil.(37) Public use--The services provided by natural resources for human activities; this includes, but is not limited to, cultural, archaeological, transportation, public water supply, industrial water supply, swimming, fishing, harvesting of natural resources, nature viewing, hunting, diving, sailing, boating, hiking, camping, climbing, photographing, drawing, painting, and other human activities.(38) Recovery--The return of the injured natural resource and service to its pre-discharge or comparable condition within the constraints of natural or other variability.(39) Reference area or reference resource--An area or natural resource, unaffected by the relevant unauthorized discharge of oil, and comparable in physical, chemical and biological characteristics or in the level of services provided by the assessment area or natural resource.(40) Rehabilitation--Those actions which enhance the recovery of injured natural resources but do not return them to pre-discharge conditions.(41) Replacement--Substituting natural resources at or near the impacted area to compensate for the loss of natural resources due to an unauthorized discharge of oil.(42) Responsible person--(A) the owner or operator of a vessel or facility from which an unauthorized discharge of oil emanates or threatens to emanate; and(B) in the case of an abandoned vessel or facility, the person who would have been responsible immediately prior to the abandonment; and(C) any other person who causes, allows or permits an unauthorized discharge of oil or threatened unauthorized discharge of oil.(43) Restoration--Those actions that return injured natural resources and the services they provide to their pre-discharge or comparable condition.(44) Restoration plan--A plan selected after public review and comment which describes the required restoration, replacement, rehabilitation, and/or acquisition of equivalent natural resources.(45) Services or natural resource services--The physical, ecological, biological, chemical, aesthetic, cultural, and public uses provided by natural resources.(46) State On-Scene Coordinator (SOSC)--The person appointed by the commissioner of the Texas General Land Office to coordinate all state response actions for the abatement, containment, and removal of pollution resulting from an unauthorized discharge of oil.(47) State trustee or trustee--The Texas General Land Office, Texas Parks and Wildlife Department, and the Texas Commission on Environmental Quality.(48) Technically feasible--The technology and management skills necessary to implement an assessment plan or restoration plan are known such that each element of the plan has a reasonable chance of successful completion in the applicable time period as defined in §20.34(b) of this title (relating to Comprehensive Damage Assessment) and §20.33(a) of this title (relating to Expedited Damage Assessment).(49) Unauthorized discharge of oil--Any discharge of oil, or any discharge of oil emanating from a vessel into waters adjoining and accessible from coastal waters, that is not authorized by a federal or state permit. Source Note: The provisions of this §20.10 adopted to be effective October 19, 1994, 19 TexReg 7911; amended to be effective October 21, 2010, 35 TexReg 9318. 1 GENERAL LAND OFFICE 20 NATURAL RESOURCES DAMAGE ASSESSMENT A GENERAL PROVISIONS §20.10 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18688&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18688 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18688&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18688 03/11/2026 (a) The commissioner shall promptly notify all state trustees of all reported unauthorized discharges of oil into coastal waters.(b) After observing the characteristics of the unauthorized discharge of oil and the location of the affected natural resources, if the state on-scene coordinator (SOSC) determines that the quantity or properties of the oil discharged or the natural resources potentially impacted by the oil differ significantly from the initial report, the SOSC shall promptly provide the state trustees with an updated report. Source Note: The provisions of this §20.20 adopted to be effective October 19, 1994, 19 TexReg 7911. 1 GENERAL LAND OFFICE 20 NATURAL RESOURCES DAMAGE ASSESSMENT B STATE TRUSTEE RESPONSE, ORGANIZATION, AND COORDINATION §20.20 Notification of an Unauthorized Discharge of Oil https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148614&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 148614 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148614&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 148614 03/11/2026 (a) The state trustees and the SOSC or his designated representative shall, through the incident unified command system:(1) assist each other in prioritizing protection of natural resources during an unauthorized discharge of oil. The state trustees shall be available, throughout the response to the unauthorized discharge of oil, to advise the SOSC regarding the impact of response activities on natural resources;(2) confer on a daily basis in accordance with the National Contingency Plan and Area Contingency Plans;(3) integrate and coordinate response and assessment activities whenever such integration and coordination does not interfere with response activities; and(4) exchange information related to the impact of response activities on natural resources. The SOSC shall provide the state trustees with an incident report detailing the quality of the responsible person's containment and removal actions and the protection and preservation of natural resources.(b) The SOSC shall advise the state trustees when the impacted area is safely accessible for damage assessment activities. The SOSC shall allow access to the impacted area in accordance with the site safety plan. The SOSC may limit the state trustee activities only if such activities would create an unreasonable interference with response actions. Source Note: The provisions of this §20.21 adopted to be effective October 19, 1994, 19 TexReg 7911; amended to be effective October 21, 2010, 35 TexReg 9318. 1 GENERAL LAND OFFICE 20 NATURAL RESOURCES DAMAGE ASSESSMENT B STATE TRUSTEE RESPONSE, ORGANIZATION, AND COORDINATION §20.21 Response to an Unauthorized Discharge of Oil https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148615&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 148615 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148615&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 148615 03/11/2026 (a) General. The state trustees shall conduct natural resource damage assessments by:(1) providing opportunity for public review and comment on assessment plans, restoration plans, and settlement agreements;(2) developing and utilizing contingency planning to enhance coordination among state trustees, emergency response agencies, and responsible persons to ensure a consistent and comprehensive response to unauthorized discharges of oil;(3) coordinating and exchanging scientific, technical, economic and legal expertise among the state trustees and federal trustees;(4) integrating all scientific, technical, economic and legal issues;(5) executing, when necessary, contracts to procure the services of appropriate experts;(6) providing the opportunity for early participation in the assessment process by the responsible persons; and(7) informing the Texas attorney general, when appropriate, of state trustee actions during the assessment process.(b) Coordination with federal trustees. The state trustees shall coordinate with the federal trustees in all phases of the damage assessment and restoration process. The state trustees may utilize the Area Contingency Plans and the National Contingency Plan.(c) Lead administrative trustee. The state trustees will designate a lead administrative trustee for each assessment. Additional duties may be assigned to the lead administrative trustee by agreement of all state trustees, but the lead administrative trustee shall:(1) coordinate the natural resources damage assessment and organize communication among the state trustees and federal trustees and with the responsible person regarding the assessment. The lead administrative trustee shall perform all administrative tasks required to disseminate information to all participants in the assessment and to ensure that the assessment is completed within the time periods, including any extensions granted, provided by the Oil Spill Prevention and Response Act (OSPRA), Texas Natural Resources Code, Chapter 40;(2) prepare and maintain the assessment record as required by §20.40 of this title (relating to Assessment Record); and(3) ensure that disagreements among state trustees are expeditiously resolved pursuant to the Memorandum of Agreement executed by the state trustees required by OSPRA, §40.107(a)(4).(d) If a state trustee takes action as a result of a discharge of oil prior to the designation of a lead administrative trustee, that state trustee shall document those actions and transmit that documentation to the lead administrative trustee. Source Note: The provisions of this §20.22 adopted to be effective October 19, 1994, 19 TexReg 7911; amended to be effective October 21, 2010, 35 TexReg 9318. 1 GENERAL LAND OFFICE 20 NATURAL RESOURCES DAMAGE ASSESSMENT B STATE TRUSTEE RESPONSE, ORGANIZATION, AND COORDINATION §20.22 State Trustee Coordination https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148616&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 148616 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148616&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 148616 03/11/2026 (a) Pre-spill activities. Potentially responsible persons may contribute to the development of the natural resources inventory (OSPRA, §40.107(c)(1) - (3)) and in the identification of natural resources most at risk from an unauthorized discharge of oil. Potentially responsible persons may assist the state trustees in identifying protective measures to be utilized in responding to unauthorized discharges of oil, and in identifying personnel and organizations likely to participate in response and assessment activities.(b) Participation by the responsible person in assessments conducted under these rules. The state trustees shall invite the responsible person to participate in the assessment process, the preliminary field investigation, the selection of assessment methods, the restoration plan, and post-assessment activities. The state trustees may limit or terminate the participation of the responsible person when such participation is inconsistent with the responsibilities of the state trustees.(c) Participation by the responsible person in assessments not conducted under these rules. When the state trustees conduct an assessment employing procedures and protocols other than those provided for in these rules, the responsible person shall be invited to participate as consistent with subsection (b) of this section.(d) Assessment data. The state trustees shall provide, upon the written request of the responsible person, photographs, split samples, and final data utilized and discovered by the state trustees during the natural resource damage assessment and the implementation of any restoration plan. The responsible person shall provide, upon the written request of the state trustees, photographs, split samples, and final data utilized and discovered during the natural resource damage assessment and the implementation of any restoration plan.(e) Agreements and Stipulations. The state trustees and the responsible person should consider entering into binding agreements to facilitate their interactions and resolve any disputes during the assessment. To maximize cost-effectiveness and cooperation, trustees and responsible person should attempt to develop a set of agreed-upon facts concerning the incident and/or assessment. Any assessment conducted with the participation of the responsible person shall include any stipulations agreed to by the responsible person and the state trustees. Stipulations may be proposed by either the responsible person or the state trustees at any time during the assessment. The stipulations shall survive, and shall be binding on all parties, after termination of the responsible person's participation or after the termination of a negotiated assessment.(f) Limitation on participation by responsible person. Whenever the state trustees agree that the responsible person is interfering with their responsibilities or is causing unreasonable delay in the assessment process, the state trustees may proceed without the participation of the responsible person. The state trustees shall provide the responsible person with a written statement, which they shall include in the assessment record, describing the factual basis for disallowing further participation by the responsible person. The responsible person may rejoin the assessment process or participate without limitation if the responsible person:(1) makes a showing that the dilatory or disruptive practices will not reoccur; and(2) performs corrective actions if requested by the trustees. Source Note: The provisions of this §20.23 adopted to be effective October 19, 1994, 19 TexReg 7911; amended to be effective October 21, 2010, 35 TexReg 9318. 1 GENERAL LAND OFFICE 20 NATURAL RESOURCES DAMAGE ASSESSMENT B STATE TRUSTEE RESPONSE, ORGANIZATION, AND COORDINATION §20.23 Responsible Person Participation https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18698&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18698 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18698&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18698 03/11/2026 (a) The state trustees shall conduct a preliminary field investigation to determine whether a natural resource damage assessment is necessary and, if so, the scope of the natural resource damage assessment. The state trustees shall determine the appropriate methods to be used in conducting the preliminary field investigation.(b) A preliminary field investigation may include, but is not limited to:(1) sampling of surface waters for reference information, such as temperature, pH, total suspended solids, salinity, dispersion and other parameters relevant to the fate and effects of oil and its degradation constituents;(2) sampling of sediments and shoreline materials for reference and for oil and its degradation constituents;(3) identification of the properties of the discharged oil;(4) identification of special protection or management areas, state and federal wildlife refuges, parks, habitats of threatened and endangered species, and other relevant natural areas;(5) an evaluation of the observable mortality and the potential for acute and chronic effects;(6) photography, ground truthing, and other appropriate methods to delineate the extent of exposure in the assessment area; and(7) identification of potentially reduced services provided by natural resources. Source Note: The provisions of this §20.30 adopted to be effective October 19, 1994, 19 TexReg 7911. 1 GENERAL LAND OFFICE 20 NATURAL RESOURCES DAMAGE ASSESSMENT C NATURAL RESOURCE DAMAGE ASSESSMENTS §20.30 Preliminary Field Investigation https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148624&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 148624 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148624&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 148624 03/11/2026 (a) The lead administrative trustee, upon consensus of the state trustees, shall provide the responsible person with written notice of intent to perform an assessment. The notice of intent to perform an assessment must be provided to the responsible person within 60 days of the on-scene coordinator's (SOSC) determination that the cleanup is complete. The state trustees may petition the commissioner for a longer period of time to make the above determination by showing that the full impact of the discharge on the affected natural resources cannot be determined in 60 days.(b) The state trustees shall not conduct any assessment activities, other than the preliminary field investigation, for at least ten calendar days after receipt by the responsible person of the notice of intent to perform an assessment, except when certain preassessment activities must be conducted in order to ensure a reasonable and rational assessment. Receipt may be determined by either United States Postal Service Domestic Return Receipt or other appropriate proof.(c) The notice of intent to perform an assessment shall include:(1) a summary of the activities conducted during the preliminary field investigation;(2) a description of the unauthorized discharge of oil, including: the facts of the incident; the estimated quantity of oil discharged into coastal waters or onto coastal shorelines; the length of time that the oil remained on, in, or under coastal waters; and the estimated quantity recovered through response activities;(3) an evaluation of the impact of response activities on natural resources; and(4) if available, information from the SOSC's incident report related to the quality of the responsible person's containment and removal actions and the protection and preservation of natural resources. Source Note: The provisions of this §20.31 adopted to be effective October 19, 1994, 19 TexReg 7911; amended to be effective October 21, 2010, 35 TexReg 9318. 1 GENERAL LAND OFFICE 20 NATURAL RESOURCES DAMAGE ASSESSMENT C NATURAL RESOURCE DAMAGE ASSESSMENTS §20.31 Notice of Intent To Perform an Assessment https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=26733&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 26733 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=26733&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 26733 03/11/2026 (a) The state trustees may utilize any reliable incident-specific methods and procedures including, but not limited to, those listed in this section to determine and quantify injury to and loss of services of natural resources. In selecting the appropriate assessment procedures and protocols, the state trustees shall consider the unique characteristics and the location of the natural resources affected by the unauthorized discharge of oil, including adverse impacts caused by response activities, if any. The methods identified in this section shall be designed to ensure that the cost of any restoration, rehabilitation, replacement or acquisition project shall not be disproportionate to the value of the natural resource before the injury. Any assessment generated by the state trustees shall be reasonable and the costs of conducting the assessment shall have a rational connection to the value of the injured resources.(b) The state trustees may find injury to a natural resource when:(1) the natural resource was exposed to oil from an unauthorized discharge; and(2) there was a pathway between the natural resource and the discharged oil; and(3) reliable methodologies indicate adverse effects on natural resources resulting from exposure to discharged oil; or(4) the natural resource was adversely impacted by response activities.(c) The state trustees may find a loss of services when:(1) the ability of the natural resource to provide ecological services has been reduced as the result of an unauthorized discharge of oil; or(2) the ability of the natural resource to provide public uses has been reduced as the result of an unauthorized discharge of oil.(d) The procedures and protocols to determine and quantify injury and loss of services of natural resources may include:(1) sampling of surface waters for temperature, pH, total suspended solids, salinity, dispersion and other parameters relevant to the fate and effects of oil and its degradation constituents;(2) sampling of sediments and shoreline materials for reference and for oil and its degradation constituents;(3) sampling of biota to determine bioaccumulation, acute toxicity, chronic toxicity, reproductive effects, community structure, and other relevant parameters;(4) analysis of the properties of the discharged oil;(5) an evaluation of the observable mortality and the potential for acute and chronic effects;(6) surveys of special protection or management areas, state and federal wildlife refuges, parks, habitats of threatened and endangered species, and other relevant natural areas;(7) photography, ground truthing, and other appropriate methods to delineate the assessment area;(8) reviews of relevant and reliable prior studies in scientific and economic literature and appropriate extrapolations therefrom;(9) studies to determine the actual and potential mortality, and biological and behavioral impacts of the unauthorized discharge of oil on biota;(10) collection of data and surveys to measure the loss of ecological and public uses;(11) toxicity testing of the discharged oil to measure impacts on biota actually located in the assessment area;(12) studies to determine the natural rate of recovery of injured resources considering seasonality, cumulative impacts and natural variations;(13) techniques to identify functions and values of injured natural resources and their public uses and ecological services;(14) reliable cost estimates of alternative restoration plans; and(15) any other reliable techniques to determine injury and damages to natural resources and appropriate assessment methods.(e) The state trustees shall value the injury to natural resources and any loss of services as a result of an unauthorized discharge of oil utilizing the following valuation methods and criteria:(1) state trustees shall ensure that no double counting of damages for injuries or loss of services results from the valuation methodology or methodologies employed;(2) where more than one valuation method is used, the state trustees shall document each natural resource injury and loss of services that each valuation methodology measures;(3) valuation shall be conducted on an incident-specific basis for the unauthorized discharge of oil. The state trustees shall utilize methods that provide appropriate, valid and reliable resource values for the injuries associated with the unauthorized discharge of oil.(f) The incident-specific valuation methods utilized by the state trustees may include, but are not limited to, the following:(1) Fish and wildlife. The Texas Parks and Wildlife Department's guidelines for measuring the monetary value of fish and wildlife resources (as defined in §§69.20-69.31 of this title (relating to Fish and Wildlife Values)) may be used to value the loss of fish and wildlife resources.(2) Recreational services. The travel cost method may be used to estimate the value of recreational services provided by natural resources affected by the unauthorized discharge of oil. The valuation shall be based on information on the number and costs of recreational visits to or near the site.(3) Factor income method. When a lost or injured resource and/or service is an input to a production process, the factor income methodology may be used. This methodology may be used to estimate the change in economic rent attributable to the injured natural resource or lost service as the result of the unauthorized discharge of oil. When the price of the good being produced is not affected by the injuries to natural resources or the loss of their services, then the change in economic rent is simply the sum of the changes in factor costs for each affected input.(4) Hedonic price method. The hedonic method relates the price of a marketed commodity, such as real property, to its attributes, such as the quality of the surrounding environment or access to environmental amenities. Where services provided by natural resources, such as water quality or air quality, function as attributes of real property or other market goods, the hedonic price method may be used to determine the value of the change in services for the public.(5) Market price.(A) For natural resources traded in markets, the state trustees may utilize the changes in market supply and demand for the natural resource. The measure of damages to consumers of the natural resource is the difference between the price of the marketed resource with and without the injury.(B) Where the supply of the natural resources is fixed, then the observed change in market price may be used as a proxy for damages per unit of affected natural resource. The measure of damages is the difference between the market with and without the injury.(C) Appraisal prices may be utilized when market price is not readily determinable. When this method is used, the damages should be measured, to the extent possible, by uniform generally acceptable appraisal standards, and any appropriate federal and state appraisal manuals.(6) Habitat or species replacement cost method. The habitat or species replacement cost method involves estimating the damages in terms of the cost of obtaining from alternative sources the equivalent of the injured resources. As appropriate, damages may be calculated as the cost of replacing entire habitats that support multiple species and provide a variety of resource services. The quality and the quantity of the resources replaced can be measured by the loss of services occasioned from the onset of the unauthorized discharge of oil through the full recovery of the injured resources and the restoration of the services. In applying this method, the state trustees should:(A) quantify a total discounted measure of the lost services over the full duration of the injury, taking into account the extent to which the resource and/or service will recover over time;(B) determine the total discounted measure of services provided by the restoration or replacement project over the full life of the relevant species or habitat;(C) calculate the appropriate scale of the restoration or replacement project, such that the total discounted services provided is equivalent to the total discounted value of interim lost services; and(D) estimate the cost of implementing the restoration or replacement project.(7) Benefit transfer method. The benefit transfer method involves the application of existing valuation point estimates or valuation function estimates and data that were developed in one context to value a similar resource and/or service affected by the unauthorized discharge of oil. When using benefits transfer, the state trustees should consider:(A) the comparability of the users and of the resource and/or services being valued in the initial studies and the changes resulting from the discharge of concern;(B) the comparability of the change in quality or quantity of resources and/or services in the initial studies and the ones affected by the unauthorized discharge of oil of concern; and(C) the quality of the studies being used for the transfer.(8) Contingent valuation method. The state trustees may use the contingent valuation method to estimate loss in passive use values that result from an unauthorized discharge of oil. The state trustees shall ensure that contingent valuation instruments are designed and administered in accordance with the recommendations and guidance provided in the Report of the National Oceanic and Atmospheric Administration (NOAA) Panel on Contingent Valuation, as published in the Federal Register (58 FR 4601), January 15, 1993.(g) When discounting or compounding, the state trustees shall use the following methods:(1) For costs of assessment and restoration costs already incurred, the state trustees shall use the actual nominal United States Treasury rates for the past periods over which the costs were incurred to calculate the present value of these costs at the time the claim is presented to the responsible person.(2) For diminution in value of injured or lost resources or lost resource function, the state trustees shall use a discount rate equal to the real United States Treasury rate of comparable maturity to the duration of the natural resource injury. These rates are published in regular updates to Appendix C of the Office of Management and Budget Circular A-94. The trustees shall use the most recent update to this circular published prior to the date at which the claim is presented.(3) For estimated restoration costs, the state trustees shall use a discount rate equal to the United States Treasury rate of comparable maturity to the period over which the restoration will be carried out.(h) The state trustees are entitled to pre-judgement interest and post-judgement interest on natural resource damage claims at a rate equal to the nominal dealer commercial paper rate, as published in the Wall Street Journal, on the date the claim is presented to the responsible person, compounded forward from 30 days from the date a damage claim is presented until the time of payment. Source Note: The provisions of this §20.32 adopted to be effective October 19, 1994, 19 TexReg 7911. 1 GENERAL LAND OFFICE 20 NATURAL RESOURCES DAMAGE ASSESSMENT C NATURAL RESOURCE DAMAGE ASSESSMENTS §20.32 Assessment Procedures and Protocols for Determining, Quantifying and Valuing Natural Resource Injury and Loss of Services https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148625&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 148625 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148625&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 148625 03/11/2026 (a) An expedited damage assessment may be utilized when:(1) the following circumstances exist:(A) the discharge of oil has caused limited observable mortality; and(B) the extent of injury may be determined within 12 months following the completion of response actions; and(C) a restoration plan may be initiated within 12 months of the completion of response actions;(2) the quantity of oil discharged is less than 1,000 gallons; or(3) the state trustees, using their best professional judgment, determine that the expedited damage assessment method is the most cost-effective, technically feasible method for achieving timely restoration of injured natural resources.(b) State trustees may utilize appropriate simplified procedures and protocols in an expedited assessment.(c) The state trustees, in consultation with the responsible person, may decide to use a restoration project from the equivalent resource plan described in §20.36(e) of this title (relating to Equivalent Resource Plans) for the purpose of compensating for injuries to natural resources which are identified as the result of an expedited damage assessment conducted under this section. Source Note: The provisions of this §20.33 adopted to be effective October 19, 1994, 19 TexReg 7911; amended to be effective October 21, 2010, 35 TexReg 9318. 1 GENERAL LAND OFFICE 20 NATURAL RESOURCES DAMAGE ASSESSMENT C NATURAL RESOURCE DAMAGE ASSESSMENTS §20.33 Expedited Damage Assessment https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18701&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18701 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18701&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18701 03/11/2026 (a) Comprehensive damage assessment. A comprehensive damage assessment is a method including sampling, modeling, and other appropriate scientific procedures to make a reasonable and rational determination of injury to natural resources resulting from an unauthorized discharge of oil.(b) Time limit. The state trustees shall complete the comprehensive damage assessment within 20 months of the completion of response and cleanup activities. The state trustees may petition the commissioner for an extension of the time period for conducting an assessment.(c) Study design and objectives. When the state trustees determine that incident-specific studies or surveys are required to determine injury, the extent of injury, and the valuation of injury, they shall include a statement of the objectives in the study design. The individual studies may focus on injury determination, injury quantification, and injury valuation including services and passive use values. The objectives shall specify the expected utility of the findings resulting from the study. The state trustees shall exercise their best professional judgment in determining which studies are cost-effective and technically feasible.(d) The state trustees, in consultation with the responsible person, may decide to use a restoration project from the equivalent resource plan described in §20.36(e) of this title (relating to Equivalent Resource Plans) for the purpose of compensating for injuries to natural resources which are identified as the result of a comprehensive damage assessment conducted under this section. Source Note: The provisions of this §20.34 adopted to be effective October 19, 1994, 19 TexReg 7911. 1 GENERAL LAND OFFICE 20 NATURAL RESOURCES DAMAGE ASSESSMENT C NATURAL RESOURCE DAMAGE ASSESSMENTS §20.34 Comprehensive Damage Assessment https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148626&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 148626 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148626&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 148626 03/11/2026 (a) State trustee authority. The state trustees may enter into agreements with responsible persons for the assessment of damages and for the restoration, rehabilitation, replacement and/or acquisition of the equivalent of injured natural resources. State trustees may invite federal trustees to join in a negotiated assessment.(b) Responsible person request. After receiving a notice of intent to perform an assessment, a responsible person may submit to the lead administrative trustee a request to participate in a negotiated assessment/restoration. The responsible person shall make a timely request in writing.(c) State trustee response. The state trustees must make a timely response to the responsible person's request for negotiated assessment. If they reject the request, the state trustees must specify the reason(s) for rejection unless the request has not been made in accordance with subsection (b) of this section.(d) Termination of negotiated assessment/restoration. At any time during a negotiated assessment, either the responsible person or the state trustees may decide to terminate the agreement. The state trustees and the responsible person shall each prepare a written statement of the factual basis for terminating the agreement and this statement will be included in the assessment record. Source Note: The provisions of this §20.35 adopted to be effective October 19, 1994, 19 TexReg 7911; amended to be effective October 21, 2010, 35 TexReg 9318. 1 GENERAL LAND OFFICE 20 NATURAL RESOURCES DAMAGE ASSESSMENT C NATURAL RESOURCE DAMAGE ASSESSMENTS §20.35 Negotiated Assessment https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148627&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 148627 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148627&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 148627 03/11/2026 (a) General. The state trustees shall develop and implement a plan for the restoration, replacement, rehabilitation and/or acquisition of the equivalent natural resources.(b) Requirements. Each restoration plan developed by state trustees shall:(1) include an analysis of a natural recovery alternative and other appropriate alternative restoration plans;(2) be cost-effective and technically feasible;(3) not have restoration costs grossly disproportionate to the value of the natural resources and the services provided by the resources prior to the unauthorized discharge of oil;(4) allow for corrective revisions in the execution of the restoration plan;(5) provide for a period of monitoring sufficient to determine the effectiveness of the plan; and(6) be available for public review and comment for at least 30 days prior to initiation of the plan.(c) Procedure. The restoration plan may be developed simultaneously with other portions of the damage assessment.(1) When the state trustees conduct an expedited damage assessment, restoration plans should be developed as early in the process as practicable.(2) When the state trustees conduct a comprehensive damage assessment, restoration plans may be developed in phases. Phased restoration plans may be utilized when:(A) state trustees determine that pilot projects are necessary to establish the feasibility of the restoration plan;(B) natural recovery is the chosen alternative for some, but not all, of the injured natural resources; or(C) there is a potential for continuing injury resulting from the unauthorized discharge of oil.(3) The restoration plan may include any combination of restoration, rehabilitation, replacement and/or acquisition of equivalent natural resources to ensure full compensation for injured natural resources.(d) Certification of completion. The state trustees, exercising their best professional judgment, shall establish criteria for determining when a restoration plan is completed.(1) The state trustees, when determining whether restoration is complete, shall consider:(A) performance standards and appropriate measures for their achievement;(B) natural changes occurring in reference areas; and(C) ability of the natural resources to maintain their viability without further human intervention.(2) The state trustees shall issue a certificate of completion to the responsible person when no further actions are necessary to achieve the goals of the restoration plan.(e) Equivalent resource plans. If an equivalent resource plan has been developed for the ecosystem encompassing the injured natural resources, the state trustees may utilize the restoration projects identified in that plan for purposes of compensating for the injuries resulting from a particular unauthorized discharge of oil.(1) Public participation. The state trustees, when selecting a restoration project from the equivalent resource plans developed pursuant to this section, shall submit the project for public review and comment according to §20.44(c) of this title (relating to Public Review and Comment).(2) Criteria for use of equivalent resource plan project. The state trustees may select a project from the equivalent resource plan when the state trustees, in consultation with the responsible person, determine that:(A) there is an ecological relationship between the injured resources and the objectives of the particular project;(B) the direct, on-site, in-kind restoration of the injured resources is not technically feasible or cost-effective; and(C) utilization of an equivalent resource plan project will result in a level of services substantially similar to those lost as the result of the unauthorized discharge of oil. Source Note: The provisions of this §20.36 adopted to be effective October 19, 1994, 19 TexReg 7911; amended to be effective October 21, 2010, 35 TexReg 9318. 1 GENERAL LAND OFFICE 20 NATURAL RESOURCES DAMAGE ASSESSMENT C NATURAL RESOURCE DAMAGE ASSESSMENTS §20.36 Plans for Restoration, Rehabilitation, Replacement and/or Acquisition of the Equivalent of Injured Natural Resources https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148663&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 148663 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148663&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 148663 03/11/2026 (a) Purpose. The assessment record shall contain documents relied upon by the state trustees in selecting appropriate assessment procedures and protocols and in developing restoration plans. The purpose of the assessment record is to ensure documentation of the state trustees' decisions.(b) Maintenance and central repository. The assessment record shall be developed and maintained by the lead administrative trustee. All closed assessment records from unauthorized discharges of oil into coastal waters shall be maintained by the commissioner in accordance with the records retention schedule of the Texas General Land Office.(c) Contents. Each assessment record shall contain, at a minimum:(1) Documents. All final documents and references to documents utilized by state trustees in selecting assessment procedures and protocols, and in developing restoration plans;(2) Data. All technical, scientific and economic information discovered and relied upon by the state trustees during the assessment;(3) the Notice of Intent to Perform an Assessment;(4) the preliminary field investigation report and all other information considered in the pre-assessment phase;(5) a copy of the assessment and the restoration plan as presented to the responsible person;(6) all correspondence, agreements and other documents related to the role of the responsible person in the assessment process; and(7) comments received from the public and the state trustees response to those comments.(d) Exceptions. Certain documents and data, described below, shall not be included in assessment record.(1) Documents. Drafts, pre-decisional, deliberative inter-agency and intra-agency documents shall not be included in the assessment record. Documents describing analysis of liability or any attorney-client privileged documents or attorney work product documents also shall not be included.(2) Data. Any scientific, technical or economic data that fails to meet all criteria set forth in a quality assurance/quality control plan developed by the state trustees may be included only if there is a scientifically reliable basis for utilizing any of the data.(e) Availability of the assessment record. The assessment record is a document subject to the Texas Open Records Act, Texas Government Code Annotated, Chapter 552. Source Note: The provisions of this §20.40 adopted to be effective October 19, 1994, 19 TexReg 7911; amended to be effective October 21, 2010, 35 TexReg 9318. 1 GENERAL LAND OFFICE 20 NATURAL RESOURCES DAMAGE ASSESSMENT D ADMINISTRATION §20.40 Assessment Record https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148664&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 148664 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148664&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 148664 03/11/2026 (a) In an action filed pursuant to the Oil Spill Prevention and Response Act (OSPRA), Texas Natural Resources Code, §40.107, the state trustees may recover:(1) the costs incurred by the state trustees in conducting the assessment, including, but not limited to:(A) salary, fringe benefits, overhead, release, and transportation, lodging and state per diem costs;(B) the costs of sampling and analyses of oil and natural resources, including reference areas;(C) the costs of laboratories, contractors, and other experts retained by the state trustees in assessing injury and determining and recovering damages;(D) the cost of the mediation required by §20.43 of this title (relating to Mediation); and(E) any other costs incurred in carrying out state trustee functions for assessing natural resource damages and for developing, implementing and monitoring plans for the restoration, rehabilitation, and/or acquisition of the equivalent of damaged resources;(2) the costs of restoration, rehabilitation, replacement and/or acquisition of equivalent resources in compensation for the injury to natural resources sustained as the result of an unauthorized discharge of oil;(3) the costs to mitigate further injury to natural resources from the time of the initial discharge until the time of restoration of the injured natural resources and the services they provide;(4) the diminution in value of the natural resources and the services they provide from the time of the unauthorized discharge of oil and during and after their restoration, replacement, rehabilitation, and/or acquisition of equivalent resources;(5) fees, economic rent or any payments collectible by the state trustees for the use of the natural resource by a private party; and(6) all costs that have a rational connection to the assessment and are incurred in the performance of the assessment, and the development, implementation, and monitoring of the restoration plan.(b) Separate reimbursement. The responsible person shall reimburse assessment costs to each state trustee separately.(c) Limitation on liability. If a responsible person is entitled to a limitation of natural resource damages liability, then any recovery under OSPRA, §40.107, shall be limited as provided in OSPRA, §40.203.(d) Coastal Protection Fund (CPF) liability. The CPF is absolutely liable for all natural resource damages assessed as the result of injuries caused by an unauthorized discharge of oil into coastal waters. In the event that the responsible person does not reimburse state trustees, the trustees shall be reimbursed from the CPF pursuant to this subsection.(1) State trustee costs.(A) State trustees may recover from the CPF all costs incurred responding to an unauthorized discharge of oil and in assessing damages resulting from injuries to natural resources caused by an unauthorized discharge of oil into coastal waters.(B) State trustees must submit directly to the commissioner satisfactory proof of costs incurred. Satisfactory proof of costs is compliance with the procedures prescribed by and according to the rules of the comptroller of public accounts of the State of Texas. The commissioner will recommend that the comptroller make payment to the state trustees for their assessment costs, provided that funds are appropriated from the CPF by the Legislature for this purpose.(C) As provided in OSPRA, §40.157(b), state trustee agency requests for reimbursement of costs incurred responding to an unauthorized discharge of oil and costs incurred in assessing natural resource damages submitted in accordance with subsection (d)(1)(B) of this section are not subject to the procedures for claims against the CPF established under OSPRA, §40.159.(2) Damages for injuries to natural resources. In the event the responsible person fails to pay a natural resource damage assessment claim, the state trustees may present the claim to the CPF for the costs of actions to restore, rehabilitate, replace and/or acquire the equivalent of injured natural resources and for the costs to mitigate injuries to natural resources resulting from an unauthorized discharge of oil pursuant to this subsection.(3) CPF liability and limitation.(A) CPF liability. Any damages for injuries to natural resources in excess of the liability limits of OSPRA, §40.203, are payable by the CPF pursuant to this subsection. The CPF is liable when:(i) the federal fund denies the claim; or(ii) the amount of the claim paid by the federal fund is not sufficient to restore, rehabilitate, replace and/or acquire the equivalent of the injured natural resources.(B) Limitation on CPF liability. If subparagraph (A) of this paragraph applies, then the CPF shall be liable for further damages for restoration, rehabilitation, replacement and/or acquisition of the equivalent natural resources and for the mitigation of injuries to natural resources for a period of two years from the date the federal fund grants or denies the claim.(4) Reimbursement to the CPF. The commissioner shall diligently seek reimbursement to the CPF. The commissioner shall seek reimbursement from the responsible persons, the federal fund and any other person who is liable under OSPRA for all expenditures from the CPF, when the CPF has paid a natural resource damage assessment claim. When state trustees have recovered damages from the CPF, the commissioner shall be subrogated to all rights or causes of action of the trustees.(e) Assessment claim. The state trustees shall present the assessment claim to the responsible person via hand delivery or United States Postal Service Return Receipt Requested Certified Mail.(f) Payment of assessment claim. Within 60 days of the presentation of an assessment claim by the trustees, the responsible person shall make full payment unless the assessment is in dispute and referred to mediation pursuant to OSPRA, §40.107(c)(7)(F). In the case of successful mediation, payment of the assessment claim shall be made within 60 days of the completion of the mediation unless otherwise agreed.(g) Pooling of recovered compensation. When monetary compensation is received by the state trustees as the result of payment of an assessment claim, the state trustees may use funds recovered from more than one assessment claim to execute a restoration project which meets the requirements of §20.36(e) of this title (relating to Equivalent Resource Plans).(h) Double recovery prohibited. The commissioner shall ensure that there is no double recovery for natural resource damages resulting from an unauthorized discharge of oil. Source Note: The provisions of this §20.41 adopted to be effective October 19, 1994, 19 TexReg 7911; amended to be effective October 21, 2010, 35 TexReg 9318. 1 GENERAL LAND OFFICE 20 NATURAL RESOURCES DAMAGE ASSESSMENT D ADMINISTRATION §20.41 Recovery of Damages https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18705&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18705 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18705&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18705 03/11/2026 (a) Negotiated settlement. A negotiated settlement is a binding agreement in which the responsible person agrees to pay the state trustees a certain amount or to perform certain restoration, rehabilitation, replacement and/or acquisition activities. The state trustees, in consideration of the responsible person's promise, will agree to release the responsible person from further liability for damages to natural resources resulting from an unauthorized discharge of oil. Such release shall not be executed until after the payment is received by the state trustees or until after the restoration, rehabilitation, replacement and/or acquisition project is certified complete by the state trustees.(b) Settlement agreement. The final agreement between the state trustees and the responsible person shall be subject to public review and comment as set forth in §20.44 of this title (relating to Public Participation) and shall provide:(1) that restoration, replacement and rehabilitation projects be planned and implemented only by persons approved by the state trustees;(2) that title to real or personal property acquired as compensation for injured natural resources may vest in a public entity only where the terms and conditions for that entity's acceptance of title are met;(3) that criteria for certification of project completion are specifically enumerated; and(4) for all items necessary to ensure restoration, rehabilitation, replacement and/or acquisition of equivalent natural resources. Source Note: The provisions of this §20.42 adopted to be effective October 19, 1994, 19 TexReg 7911. 1 GENERAL LAND OFFICE 20 NATURAL RESOURCES DAMAGE ASSESSMENT D ADMINISTRATION §20.42 Settlements https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148665&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 148665 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148665&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 148665 03/11/2026 (a) Prerequisite to judicial review. No state trustee or responsible person may invoke the jurisdiction of any court over a disputed natural resource damage assessment claim unless and until the assessment claim has been referred to mediation pursuant to this section.(b) Referral to mediation and designation. The mediation process required by OSPRA, §40.107(c)(7)(F), shall be conducted pursuant to this subsection.(1) Initiation of mediation. The responsible person shall advise the trustees, by giving written notice to the commissioner within 20 days of the receipt of the assessment claim, whether the responsible person is disputing the claim. If the responsible person is disputing the claim, then the claim is automatically referred for mediation pursuant to this section. The state trustees may initiate mediation by giving written notice to the commissioner within 20 days after presentation of the claim to the responsible person.(2) Commissioner's responsibilities. The commissioner, within ten days of receipt of the written notice, shall notify all parties and the Center for Public Policy Dispute Resolution (Center) of the referral to mediation. If the Center ceases to exist or is unable to comply with the terms of this section for any reason, the American Arbitration Association shall be substituted for the Center. Within ten days from the receipt of the notice of the mediation referral, the Center shall supply the state trustees and the responsible persons with a list of at least five mediators.(3) State trustee and responsible person responsibilities. Within five days from receipt of the list of mediators, the state trustees collectively shall designate one mediator and the responsible person or persons shall designate one mediator from the list supplied by the Center. Both mediator designations shall be made by giving written notice to the commissioner and the Center. In the alternative, either the state trustees collectively or the responsible person or persons may propose a list of at least five other mediators not on the list supplied by the Center.(4) Designation of mediator by the Center. If five days have lapsed and either the state trustees collectively or the responsible persons collectively cannot agree among themselves on the designation of a mediator, or the state trustees or the responsible persons fail to timely designate the mediator, then the Center shall make the designation. If the state trustees and the responsible person agree on a single person to serve as mediator, then that person shall be the only mediator.(5) Timely designation of the mediator. The mediator shall be designated within 45 days of the receipt by the responsible person of the natural resource damage assessment claim from the state trustees.(6) Qualification of mediator. Any designated mediator must have completed a minimum of 40 classroom hours of mediation training in a course conducted by an alternative dispute resolution system or other dispute resolution organization, as required in Texas Civil Practice and Remedies Code, §154.052(a). This requirement may be waived as to any mediator only with the unanimous consent of all state trustees and all responsible persons. A mediator conducting a mediation under this section shall act as an impartial third party and be subject to the standards and duties set forth in Texas Civil Practice and Remedies Code, §154.053.(7) Mediator's disclosure. Before appointment of the mediator is final, any prospective mediator shall submit complete disclosure statements for the approval of all parties, which statements shall include a resume of experience, together with a declaration describing all past, present and anticipated future relationships related to the subject matter of the dispute and with all parties and their agents or representatives involved in the dispute.(8) Mediator. After appointment as a mediator and thereafter throughout the mediation process, the mediator shall not acquire any ownership or any other financial interest in, nor shall be employed by or act as a consultant to, any party to the dispute or the agent or representative of any party to the dispute, and during this period shall not engage in any discussion or make any agreement with any party to the dispute or the agent or representative of any party to the dispute, regarding the acquisition of any ownership or financial interest, employment, or consulting activity after the mediation process is completed. Provided, however, that the parties to the mediation, by unanimous consent, may waive these restrictions upon full disclosure of the facts by the mediator.(c) Conduct of the mediation. All communications in the mediation shall be confidential and privileged as generally described in Texas Civil Practice and Remedies Code, §154.073. The mediation shall terminate at the conclusion of the period that the parties agree to mediate, including any agreed extensions, but not less than one full business day, or upon declaration by any mediator of an impasse. The mediation shall be scheduled so as to conclude within 135 days after the responsible person receives the natural resource damage assessment claim. Within three days following the termination or conclusion of a mediation, the mediator(s) shall provide the commissioner with notice of the completion of the mediation process.(d) Location of mediation. The mediation shall take place in Austin, Texas, unless the state trustees and the responsible person agree otherwise.(e) Authority to negotiate. All participants in the mediation process who represent either a state trustee or a responsible person must be vested with the authority to negotiate a mediated settlement agreement on behalf of their respective state trustee or responsible person and to recommend to the state trustee or responsible person approval of any mediated settlement agreement. Source Note: The provisions of this §20.43 adopted to be effective October 19, 1994, 19 TexReg 7911; amended to be effective October 21, 2010, 35 TexReg 9318. 1 GENERAL LAND OFFICE 20 NATURAL RESOURCES DAMAGE ASSESSMENT D ADMINISTRATION §20.43 Mediation https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18708&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18708 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18708&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18708 03/11/2026 (a) Public notice, review and comment. Public notice means the state trustees are advising the public about proposed actions. Public review and comment means the public has an opportunity to review and comment on the proposed state trustee actions.(b) Notice of State Trustee Action. The state trustees shall give public notice through the use of the Texas Register and at least one newspaper of general circulation serving the impacted area. The state trustees shall provide for a period of public review and comment of at least 30 days whenever public review and comment is required in this section. The state trustees shall not execute any documents which relieve a responsible person from liability for damages resulting from injury to natural resources until the public review and comment period has expired.(c) Public review and comment. The state trustees shall provide the public with the opportunity for review and comment when they select assessment procedures and protocols for a negotiated, expedited or comprehensive assessment. The state trustees shall provide the public with the opportunity for review and comment when a restoration plan is proposed and prior to the certification of completion of a restoration plan.(d) Public participation in equivalent resource plans. The state trustees shall invite members of the public from the area encompassed by an equivalent resource plan to participate in the development and design of the plan. When an equivalent resource plan is proposed for adoption by the state trustees, the commissioner, in conjunction with the trustees, shall conduct, upon the request of any member of the public, a public hearing on the proposed plan. The public hearing shall be convened in or near the area covered by the equivalent resource plan.(e) Public participation in assessment decisions. The state trustees may invite a member of the public to participate in determining whether an assessment of any kind is necessary. The person invited to participate shall be a member of an environmental or conservation group which is organized for preservation or enhancement of the natural resources in the area where the unauthorized discharge of oil occurred. The person may participate in the state trustee determination but shall not have any vote in any decision of the state trustees. After the state trustees have decided whether an assessment will be performed, the person's further role in the proceeding shall be at the discretion of the state trustees, who shall take into account the public's right to review and comment on state trustee actions. Source Note: The provisions of this §20.44 adopted to be effective October 19, 1994, 19 TexReg 7911. 1 GENERAL LAND OFFICE 20 NATURAL RESOURCES DAMAGE ASSESSMENT D ADMINISTRATION §20.44 Public Participation https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=149746&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 149746 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=149746&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 149746 03/11/2026 The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Agency--The General Land Office of the State of Texas.(2) Applicant--The city or county which makes application to receive funds under this program.(3) Assistance--State funds which are made available through the agency for this program.(4) Award--An obligation of appropriated funds authorized for this program and which are made available for a project.(5) Clean and maintain--The collection and removal of litter and debris, and the supervision and elimination of sanitary and safety conditions which would pose a threat to personal health or safety if not removed or otherwise corrected. For purposes of cities and counties described in this subchapter, the phrase "clean and maintain" includes the employment of lifeguards, beach patrols, and litter patrols.(6) Expenditures--Outlays by cash or check represented by valid invoice and disbursement documentation.(7) Participant or sponsor--The city or county which receives assistance under this subchapter.(8) Program--The beach cleaning and maintenance assistance program implemented under this subchapter and Natural Resources Code, Chapter 61, Subchapter C (relating to Maintenance of the Public Beaches).(9) Public beach--Any beach area, whether publicly or privately owned, extending inland from the line of mean low tide to the line of vegetation bordering on the Gulf of Mexico to which the public has acquired the right of use or easement to or over such area by prescription, dedication, presumption, estoppel, or has retained a right by virtue of continuous right in the public since time immemorial, as recognized by law and custom. This definition does not include a beach which is not accessible by public road or ferry.(10) Qualified official--The individual authorized to represent the applicant or participant in all contractual agreements.(11) State fiscal year--The period of time beginning September 1 and ending August 31. Source Note: The provisions of this §25.1 adopted to be effective April 14, 1992, 17 TexReg 2241; amended to be effective December 27, 2010, 35 TexReg 11705. 1 GENERAL LAND OFFICE 25 BEACH CLEANING AND MAINTENANCE ASSISTANCE PROGRAM §25.1 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=149747&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 149747 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=149747&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 149747 03/11/2026 (a) This program provides state financial assistance to qualified city and county governments for the purpose of cleaning and maintaining public beaches.(b) The availability of funds for this program is contingent upon appropriations by the legislature to the agency and the agency's allocation of appropriated funds to the program. Source Note: The provisions of this §25.2 adopted to be effective April 14, 1992, 17 TexReg 2241; amended to be effective December 27, 2010, 35 TexReg 11705. 1 GENERAL LAND OFFICE 25 BEACH CLEANING AND MAINTENANCE ASSISTANCE PROGRAM §25.2 General https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=149748&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 149748 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=149748&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 149748 03/11/2026 The agency is designated as the administering agency for funding of this program, and is empowered to enforce these rules and to distribute in a fair and impartial manner the "state share" of funds to cities and counties in accordance with Natural Resources Code, Chapter 61, Subchapter C, this subchapter, and procedures and accounting methods adopted by the agency. Source Note: The provisions of this §25.3 adopted to be effective April 14, 1992, 17 TexReg 2241; amended to be effective December 27, 2010, 35 TexReg 11705. 1 GENERAL LAND OFFICE 25 BEACH CLEANING AND MAINTENANCE ASSISTANCE PROGRAM §25.3 Administration of Funds https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=114614&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 114614 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=114614&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 114614 03/11/2026 The agency shall use the following formula for calculating the amount of funds available to each city and county for the fiscal year for which they seek reimbursement. Seventy-five percent of funds available for distribution shall be allocated by determining each participant's proportionate share of total participant expenditures during the two fiscal years preceding the year for which participant is applying for reimbursement. Twenty-five percent of the funds available for distribution shall be allocated by determining each participant's proportionate share of total linear footage of gulf beach which the participants will clean and maintain pursuant to project agreements authorized in §25.11 of this title (relating to Project Agreement). Source Note: The provisions of this §25.4 adopted to be effective April 14, 1992, 17 TexReg 2241; amended to be effective July 9, 1993, 18 TexReg 4193; amended to be effective May 5, 1997, 22 TexReg 3714; amended to be effective August 31, 2004, 29 TexReg 8372. 1 GENERAL LAND OFFICE 25 BEACH CLEANING AND MAINTENANCE ASSISTANCE PROGRAM §25.4 Allocation of Available Funds https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=149749&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 149749 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=149749&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 149749 03/11/2026 (a) It is the responsibility of the state through the agency to provide assistance to local governments in the cleaning of public beaches. For purposes of this section, assistance includes, but is not limited to, the following:(1) Awards made under this program;(2) Cleaning and maintaining public beaches, at the sole discretion of the GLO, to maintain the public beach easement; and(3) Cleaning, maintenance and debris removal from a public beach that is located in an area designated as a threatened area in a declaration of a state of disaster issued under §418.014 of the Government Code.(b) It is the responsibility of the governing body of any incorporated city, town, or village bordering the Gulf of Mexico to clean and maintain public beaches as provided in Natural Resources Code §61.065.(c) It is the responsibility of the commissioners court of any county bordering on the Gulf of Mexico to clean and maintain public beaches as provided in Natural Resources Code §61.066.(d) The responsibility for inspection by the agency is vested in the designated agency field office in the area.(1) The designated field office will conduct routine inspection of the area under its authority.(2) The designated field office will furnish a report of inspection activities and any public comment received by the field office concerning beach maintenance. This report will be a general summary as to the method, quality, frequency, and acceptability to which the public beaches are being cleaned and maintained by the participant. Problem areas, repeat discrepancies, and safety hazards will be given special emphasis. Source Note: The provisions of this §25.5 adopted to be effective April 14, 1992, 17 TexReg 2241; amended to be effective December 27, 2010, 35 TexReg 11705. 1 GENERAL LAND OFFICE 25 BEACH CLEANING AND MAINTENANCE ASSISTANCE PROGRAM §25.5 Responsibilities https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18746&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18746 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18746&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18746 03/11/2026 (a) Any city or county which borders on the seaward shoreline of the Gulf of Mexico may apply for state assistance for beach cleaning and maintenance on an application form approved and supplied by the agency.(b) Each state fiscal year the agency will announce by mail to all qualified cities and counties an application period not less than 30 days in length during which applications may be filed.(c) Applications received after the announced application period will be considered invalid.(d) The agency reserves the right, in its sole discretion, to waive any procedural defect in the application process.(e) The contents of all applications submitted to the agency shall be certified true and correct by a local official designated by resolution of the appropriate local governing body. Source Note: The provisions of this §25.6 adopted to be effective April 14, 1992, 17 TexReg 2241; amended to be effective May 5, 1997, 22 TexReg 3714. 1 GENERAL LAND OFFICE 25 BEACH CLEANING AND MAINTENANCE ASSISTANCE PROGRAM §25.6 Application for Funds Assistance https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18748&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18748 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18748&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18748 03/11/2026 Any city applying for state financial assistance under the Natural Resources Code, §§61.068-61.070, must meet the following requirements:(1) be an incorporated city, town, or village which borders upon the Gulf of Mexico;(2) have within its boundaries public beaches as defined in §25.1 of this title (relating to Definitions);(3) provide for the administration of the public beaches of such city by a beach park board of trustees or other administrative body, which administrative body must have adequate authority to administer an effective program for keeping the public beaches within its jurisdiction clean;(4) provide for the receipt by the city treasurer, or other officer exercising similar functions if there is no city treasurer, of all funds paid to such city under this program;(5) charge no entrance fee to public beaches under the jurisdiction of the governing body of such city except the assessment of a reasonable fee for off-beach parking or for the use of facilities provided for the use and convenience of the public;(6) provide for the establishment, maintenance, and administration of at least one beach park by such city which shall meet the following minimum requirements of size and facilities:(A) be of sufficient size to accommodate public use and enjoyment of that section of public beach;(B) have adequate sanitation facilities to accommodate the average heavy use period of the park;(C) have adequate off-beach parking to accommodate the number of visitors which could utilize the park during the average heavy use day while using that section of the beach which the park is intended to serve; and(D) have adequate access to such park from the nearest main arterial highway;(7) have not less than $20,000 budgeted for the purpose of cleaning and maintaining public beaches within its jurisdiction for the state fiscal year for which state assistance is sought; and(8) have budgeted for the purpose of cleaning and maintaining public beaches within its jurisdiction for the state fiscal year for which state assistance is sought not less than the total funds expended by such city for the purpose of cleaning public beaches within its jurisdiction during the state fiscal year ending August 31, 1969. Source Note: The provisions of this §25.7 adopted to be effective April 14, 1992, 17 TexReg 2241. 1 GENERAL LAND OFFICE 25 BEACH CLEANING AND MAINTENANCE ASSISTANCE PROGRAM §25.7 Requirements for Eligibility--City https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18749&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18749 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18749&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18749 03/11/2026 Any county applying for state financial assistance under the Natural Resources Code, §§61.068-61.070, must meet the following requirements:(1) border upon the Gulf of Mexico;(2) have within its boundaries public beaches as defined in §25.1 of this title (relating to Definitions);(3) provide for the administration of the public beaches of such county by a beach park board of trustees, a county park board, the commissioners court, or other administrative body, which administrative body must have adequate authority to administer an effective program for keeping the public beaches within its jurisdiction clean;(4) provide for the receipt by the county treasurer, or other officer exercising similar functions if there is no county treasurer, of all funds paid to such county under this program;(5) charge no entrance fee to public beaches under the jurisdiction of the governing body of such county except the assessment of a reasonable fee for off-beach parking or for the use of facilities provided for the use and convenience of the public;(6) provide for the establishment, maintenance, and administration of at least one beach park by such county which shall meet the following requirements of size and facilities:(A) be of sufficient size to accommodate public use and enjoyment of that section of public beach;(B) have adequate sanitation facilities to accommodate the average heavy use period of the park;(C) have adequate off-beach parking to accommodate the number of visitors which could utilize the park during the average heavy use day while using that section of the beach which the park is intended to serve; and(D) have adequate access to such park from the nearest main arterial highway;(7) have not less than $20,000 budgeted for the purpose of cleaning and maintaining public beaches within its jurisdiction for the state fiscal year for which state assistance is sought; and(8) have budgeted for the purpose of cleaning and maintaining public beaches within its jurisdiction for the state fiscal year for which state assistance is sought not less than the total funds expended by such county for the purpose of cleaning public beaches within its jurisdiction during the state fiscal year ending August 31, 1969. Source Note: The provisions of this §25.8 adopted to be effective April 14, 1992, 17 TexReg 2241. 1 GENERAL LAND OFFICE 25 BEACH CLEANING AND MAINTENANCE ASSISTANCE PROGRAM §25.8 Requirements for Eligibility--County https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18680&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18680 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18680&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18680 03/11/2026 Any incorporated city bordering upon the Gulf of Mexico which is not entitled to receive funds under the Natural Resources Code, §§61.068-61.070, may receive state assistance if the following requirements are met:(1) the city borders upon the Gulf of Mexico;(2) public beach cleaning is undertaken by contract with the commissioners court of the county in which the city is located;(3) no entrance fee is charged to any public beaches under the jurisdiction of the city except the assessment of a reasonable fee for off-beach parking or the use of facilities provided for the use and convenience of the public; and(4) costs incurred are limited to cleaning those beaches within the corporate limits of the city. Source Note: The provisions of this §25.9 adopted to be effective April 14, 1992, 17 TexReg 2241. 1 GENERAL LAND OFFICE 25 BEACH CLEANING AND MAINTENANCE ASSISTANCE PROGRAM §25.9 Assistance for Ineligible City https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18747&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18747 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18747&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18747 03/11/2026 Any county which is not entitled to receive funds under the Natural Resources Code, §§61.068-61.070, may receive state assistance if the following requirements are met:(1) the county borders upon the Gulf of Mexico;(2) public beach cleaning is undertaken by contract with the commissioners court of any adjacent county which does qualify for eligibility under the Natural Resources Code, §§61.068-61.070; and(3) no entrance fee is charged to any public beaches under the jurisdiction of the county except for the assessment of a reasonable fee for off-beach parking or for the use of facilities provided for the use and convenience of the public. Source Note: The provisions of this §25.10 adopted to be effective April 14, 1992, 17 TexReg 2241. 1 GENERAL LAND OFFICE 25 BEACH CLEANING AND MAINTENANCE ASSISTANCE PROGRAM §25.10 Assistance for Ineligible County https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18752&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18752 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18752&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18752 03/11/2026 (a) Upon approval of a project application, the agency will initiate a project agreement with the project sponsor to render beach cleaning services as described in the application and project agreement.(b) Execution of the project agreement by the project sponsor and the agency, constitutes approval of the beach cleaning proposal; upon approval, eligible costs incurred during the fiscal year shall be reimbursable to the extent allowed by §25.13 of this title (relating to Extent of State Assistance).(c) Amendments to the proposed project agreement may be requested by letter setting forth:(1) proposed change in project scope;(2) proposed effective date of change;(3) increase or decrease in necessary funds; and(4) reason for proposed change in the project.(d) The agency may approve or deny all proposed amendments to the project agreement.(e) All amendments must be approved by the agency and reduced to writing before the project sponsor deviates from the scope of an approved project. Source Note: The provisions of this §25.11 adopted to be effective April 14, 1992, 17 TexReg 2241. 1 GENERAL LAND OFFICE 25 BEACH CLEANING AND MAINTENANCE ASSISTANCE PROGRAM §25.11 Project Agreement https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=149750&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 149750 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=149750&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 149750 03/11/2026 (a) To be eligible for state reimbursement:(1) all costs incurred must be as a result of beach cleaning and maintenance activities only on public beaches as defined in §25.1 of this title (relating to Definitions);(2) all costs must be documented as required by §25.19 of this title (relating to Maintenance of Records); and(3) cities and counties must have approved applications in force.(b) A participant is not eligible to receive state funds for administrative costs in excess of 10% of the total amount of reimbursement received from the state by the participant. In order to receive reimbursement for administrative expenses, the expenses incurred must be reasonable and directly related to beach cleaning or beach maintenance.(c) State laws and policies prohibit the state from participating in the purchase of equipment not assigned to a state agency. The agency will recognize as eligible for costs only equipment rental during the period of an approved project and only when such equipment is actually used for beach cleaning activities. Rental rates may be based on actual rental costs or the participant's approved rental rates for the equipment if it is owned by the applicant. Necessary expendable items such as trash receptacles are eligible costs, but the agency reserves the right to determine which items are expendable in nature.(d) Costs incurred within the fiscal year the application is approved but prior to the date the application is approved will be eligible for reimbursement if documented in the same manner as reimbursement costs incurred after an application is approved.(e) Costs incurred by coastal cities and counties in implementing beach nourishment projects, conducted under Natural Resources Code, Chapter 33, Subchapter H (relating to Coastal Erosion), may qualify as eligible expenses under §25.13(a) of this title (relating to Extent of State Assistance) and for program reimbursement subject to §25.3 of this title (relating to Administration of Funds). Source Note: The provisions of this §25.12 adopted to be effective April 14, 1992, 17 TexReg 2241; amended to be effective July 9, 1993, 18 TexReg 4193; amended to be effective May 5, 1997, 22 TexReg 3714; amended to be effective August 31, 2004, 29 TexReg 8372; amended to be effective December 27, 2010, 35 TexReg 11705. 1 GENERAL LAND OFFICE 25 BEACH CLEANING AND MAINTENANCE ASSISTANCE PROGRAM §25.12 Eligible Costs https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=149742&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 149742 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=149742&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 149742 03/11/2026 (a) Cities and counties that qualify for eligibility under the Natural Resources Code, §§61.068 - 61.070, may receive up to, but no greater than two-thirds reimbursement for eligible expenses incurred in cleaning and maintaining public beaches within such cities and counties that are not under the jurisdiction of another governmental entity. However, cities and counties may receive reimbursement under this subsection for eligible expenses to clean and maintain public beaches within an area owned or managed by the Texas Parks and Wildlife Department (department) if the department authorizes the applicant to maintain the public beaches within the area owned or managed by the department. The applicant must submit documentation of such authorization to the land office. Reimbursement under this subsection is limited to public beaches lying within the boundaries of such cities and counties.(b) Cities qualifying for eligibility under the Natural Resources Code, §61.080, or counties qualifying for eligibility under the Natural Resources Code, §61.081, and which do not qualify for eligibility under the Natural Resources Code, §§61.068 - 61.070, may receive up to 40% reimbursement for eligible expenses incurred in cleaning and maintaining public beaches within their boundaries, but not under the jurisdiction of another governmental entity. However, cities and counties may receive reimbursement under this subsection for eligible expenses to clean and maintain public beaches within an area owned or managed by the department if the department authorizes the applicant to maintain the public beaches within the area owned or managed by the department. The applicant must submit documentation of such authorization to the land office. Reimbursement under this subsection is limited to public beaches lying within the boundaries of such cities and counties.(c) Monies received by an eligible coastal municipality under the Tax Code, §156.2511, shall be included as part of the state share as required by Natural Resources Code, §61.076(c)(2), and must be spent on cleaning and maintaining the beach as required by the Tax Code, §156.2511(b); however, these funds are not eligible for reimbursement from the program as specifically prohibited by Natural Resources Code, §61.076(c)(1). Source Note: The provisions of this §25.13 adopted to be effective April 14, 1992, 17 TexReg 2241; amended to be effective May 5, 1997, 22 TexReg 3714; amended to be effective October 14, 2008, 33 TexReg 8544; amended to be effective December 27, 2010, 35 TexReg 11705. 1 GENERAL LAND OFFICE 25 BEACH CLEANING AND MAINTENANCE ASSISTANCE PROGRAM §25.13 Extent of State Assistance https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3524&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3524 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3524&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3524 03/11/2026 The agency will allot to the participant the total yearly amount for which the participant may be reimbursed. The total reimbursement shall not exceed the total contract obligation without written authority from the agency. Source Note: The provisions of this §25.14 adopted to be effective April 14, 1992, 17 TexReg 2241. 1 GENERAL LAND OFFICE 25 BEACH CLEANING AND MAINTENANCE ASSISTANCE PROGRAM §25.14 Method of Funding https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=149743&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 149743 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=149743&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 149743 03/11/2026 (a) Payments to participants will be made on a reimbursable basis, and the amount of payment will be computed by the agency. Participants who qualify for no greater than two-thirds reimbursement under Natural Resources Code, §§61.068 - 61.070, will be reimbursed semiannually.(b) Participants who qualify for 40% reimbursement under Natural Resources Code, §61.080 and §61.081, will be reimbursed semiannually. Source Note: The provisions of this §25.15 adopted to be effective April 14, 1992, 17 TexReg 2241; amended to be effective August 31, 2004, 29 TexReg 8372; amended to be effective December 27, 2010, 35 TexReg 11705. 1 GENERAL LAND OFFICE 25 BEACH CLEANING AND MAINTENANCE ASSISTANCE PROGRAM §25.15 Payment Procedures https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=114617&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 114617 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=114617&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 114617 03/11/2026 (a) Reimbursement requests will consist of a breakdown of project cost elements and will be in a summary format requiring minimal supporting detail.(b) The agency reserves the right to require full documentation if deemed necessary.(c) Reimbursement request records, certification, and all documentation substantiating reimbursement requests will be maintained in the office of the county or city internal auditor or if the county or city does not have an internal auditor, in the office of its chief financial officer.(d) All reimbursement request and certification documents will be provided by the agency.(e) Reimbursement requests must be submitted to the agency no later than sixty (60) days after the end of each quarter of the state fiscal year in which the expenses are incurred. Failure to submit reimbursement requests on a timely basis may result, at the sole discretion of the agency, in a denial of reimbursement for the expenses incurred during the applicable period and a reallocation of the available funds in accordance with §25.4 of this title (relating to Allocation of Available Funds) to other participants that have submitted timely reimbursement requests. Source Note: The provisions of this §25.16 adopted to be effective April 14, 1992, 17 TexReg 2241; amended to be effective May 5, 1997, 22 TexReg 3714; amended to be effective August 31, 2004, 29 TexReg 8372. 1 GENERAL LAND OFFICE 25 BEACH CLEANING AND MAINTENANCE ASSISTANCE PROGRAM §25.16 Reimbursement Requests https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=31083&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 31083 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=31083&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 31083 03/11/2026 If local forces are used for project work, labor charges can be made only for the time actually expended on approved project work. Accurate daily time and attendance records reflecting time and costs representing fund assisted activity only shall be maintained for each supervisor and employee. This information shall be retained for use as a source document for preparation of payrolls and for consolidating and tabulating charges for equipment and material used on the project. Source Note: The provisions of this §25.17 adopted to be effective April 14, 1992, 17 TexReg 2241. 1 GENERAL LAND OFFICE 25 BEACH CLEANING AND MAINTENANCE ASSISTANCE PROGRAM §25.17 Local Labor Force Account https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18755&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18755 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18755&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18755 03/11/2026 (a) If county or city owned equipment is used, rental rates for use of such equipment must be established by the participant and approved by the agency before any equipment use charges included in a billing will be reimbursed. Rates should be current, reasonable, and specify whether or not the operator is included. The Department of Transportation area rates shall be used by the agency as a guideline for determining the reasonableness of the rates under this section. The agency may approve rates higher than those rates set by the Department of Transportation if sufficient evidence of the need for the higher rate is presented and approved by the agency. Rates should be set forth in a resolution of the political subdivision or other similar record of official action. Each piece of equipment shall be adequately described. An accurate daily record of equipment used for project work shall be maintained by the participant.(b) If equipment is rented from another source, a copy of the supplier's statement reflecting rates, time used, and total cost shall be maintained by the participant.(c) The purchase of new or used equipment shall not be fund assisted. Source Note: The provisions of this §25.18 adopted to be effective April 14, 1992, 17 TexReg 2241. 1 GENERAL LAND OFFICE 25 BEACH CLEANING AND MAINTENANCE ASSISTANCE PROGRAM §25.18 Equipment Rental https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18756&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18756 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18756&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18756 03/11/2026 (a) Records to substantiate all charges must be maintained by the participant and made available for examination by agency representatives at any time. Records shall be maintained separately to facilitate examination or audit.(b) All expenses will be described in a summary format referencing account document number, description, payee, date, and amount.(c) The participant must maintain a complete accounting of all claimed expenses and their supporting detail, including, but not limited to, records of equipment use, time cards, payroll records, invoices, contracts, and canceled checks.(d) Participants charging a fee for public beach use and access as authorized by the General Land Office rules for management of the beach/dune system (§15.8 of this title (relating to Beach User Fees)) may be reimbursed for expenditures only under the following conditions.(1) The participant is currently in compliance and has been in compliance with the beach user fee provisions contained in the General Land Office rules for management of the beach/dune system (§15.8 of this title (relating to Beach User Fees)) during the fiscal year for which reimbursement is sought.(2) The participant maintains and spends the funds received under this subchapter subject to the same requirements as those provided for beach user fee revenues in the General Land Office rules for management of the beach/dune system (§15.8 of this title (relating to Beach User Fees)).(e) All substantiating documents in support of this program will be kept in the office of the county or city internal auditor, or if the county or city does not have an internal auditor, in the office of its chief financial officer, for a period of two years following the termination of the state fiscal year in which the project agreement expires. Source Note: The provisions of this §25.19 adopted to be effective April 14, 1992, 17 TexReg 2241; amended to be effective July 9, 1993, 18 TexReg 4193. 1 GENERAL LAND OFFICE 25 BEACH CLEANING AND MAINTENANCE ASSISTANCE PROGRAM §25.19 Maintenance of Records and Accounts https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=149744&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 149744 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=149744&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 149744 03/11/2026 The audit branch of the finance division of the agency will perform random audits of and shall have access to all participants' records related to its beach cleaning program for the purpose of verifying compliance with the provisions of the program. Source Note: The provisions of this §25.20 adopted to be effective April 14, 1992, 17 TexReg 2241; amended to be effective December 27, 2010, 35 TexReg 11705. 1 GENERAL LAND OFFICE 25 BEACH CLEANING AND MAINTENANCE ASSISTANCE PROGRAM §25.20 Audit https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=149745&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 149745 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=149745&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 149745 03/11/2026 (a) If the agency determines by audit or other method that the participant no longer complies with the requirements of the program, it shall notify the participant that further payment will not be made until the agency is satisfied that there is no longer any failure to comply. The agency may withhold funds and require reimbursement to be made for funds claimed and received in violation of the program.(b) The notice required by subsection (a) of this section must be given:(1) to the acting head of the participant that is not in compliance with the program;(2) to the official with responsibility for the project as indicated by the participant's application; and(3) to the official authorized to receive state reimbursement as indicated by the participant's application.(c) The notice required by subsection (a) of this section shall be by hand delivery, overnight courier, or by registered or certified mail, return receipt requested, and shall include notice of:(1) the act or omission that has rendered the participant in violation of the program;(2) the action required of the participant in order for the participant to be in compliance with the program;(3) the amount, if any, required to be reimbursed for funds claimed and received in violation of the program; and(4) the participant's right to submit, not later than the 30th day after the date on which notice is served, written request for a hearing on the matter. Source Note: The provisions of this §25.21 adopted to be effective April 14, 1992, 17 TexReg 2241; amended to be effective December 27, 2010, 35 TexReg 11705. 1 GENERAL LAND OFFICE 25 BEACH CLEANING AND MAINTENANCE ASSISTANCE PROGRAM §25.21 Ineligibility https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=149751&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 149751 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=149751&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 149751 03/11/2026 Hearings under this subchapter shall be conducted in accordance with the provisions of Government Code, Chapter 2001 (relating to Administrative Procedure), and Chapter 2 of this title (relating to Rules of Practice and Procedure). Source Note: The provisions of this §25.22 adopted to be effective April 14, 1992, 17 TexReg 2241; amended to be effective December 27, 2010, 35 TexReg 11705. 1 GENERAL LAND OFFICE 25 BEACH CLEANING AND MAINTENANCE ASSISTANCE PROGRAM §25.22 Hearing https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210648&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210648 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210648&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210648 03/11/2026 (a) The purpose of the Texas Coastal Management Program (CMP) is to make more effective and efficient use of public funds and to more effectively and efficiently manage coastal natural resource areas (CNRAs) and the activities that may affect them. The program is based on goals and policies that guide the use and development of CNRAs, preserve and protect CNRAs, and improve government processes. Under the Coastal Coordination Act, the commissioner of the General Land Office (commissioner) is charged with adopting rules promulgating the CMP goals and policies. The Coastal Coordination Act requires agency or subdivision actions to comply with these goals and policies.(b) The commissioner will exercise authority pursuant to the Coastal Coordination Act in the following ways.(1) The commissioner will study and review the principal coastal problems of state concern. This review will include examination of the current status and future trends of CNRAs; examination of conflicts between competing uses of CNRAs; and examination of policy issues with respect to local, state, or national interests and concerns related to CNRAs. The commissioner will examine alternative regulatory and other management approaches to these problems, identify data collection and research needs, and foster public education and participation.(2) The commissioner will coordinate the performance of agencies, subdivisions, and programs by promulgating goals and policies to guide and serve as the basis for consistency review of agency and subdivision actions. The commissioner will examine the goals and policies in this chapter annually to review the effectiveness of the program and will propose revisions to the goals and policies, as necessary.(3) The commissioner will coordinate the measures required to resolve identified coastal problems and make coastal management processes more visible, accessible, coherent, consistent, and accountable by reviewing agency and subdivision actions for consistency with the goals and policies in this chapter. Agency and subdivision actions subject to consistency review are those set forth in Texas Natural Resources Code, §33.2051 and §33.2053. The commissioner shall employ consistency review of agency and subdivision rules and policies as the primary technique for ensuring that agency and subdivision actions are consistent with the CMP goals and policies in this chapter.(4) The commissioner will adopt guidance and procedural rules for the review of federal agency actions, activities, and outer continental shelf plans that incorporate the provisions of the federal regulations governing those reviews. The commissioner shall employ consistency review to ensure that federal agency actions, activities, and outer continental shelf plans are consistent with the CMP goals and policies in this chapter.(5) The commissioner will implement a grants program to award funds to coastal local governments and other qualified entities for the planning and implementation of projects that address environmental problems affecting the coastal area, to promote sustainable economic development, and otherwise further the CMP goals and policies. The commissioner shall establish the procedures for making any determination related to awarding a grant. For each year or for each grant cycle, the commissioner shall promulgate guidance for the grants program describing the deadlines, schedule, eligibility requirements, funding policies, and approval process.(c) As directed in the Coastal Coordination Act, the General Land Office (GLO) will act as the lead agency in coordinating and implementing the CMP, in cooperation with other state agencies that have duties relating to coastal matters. The GLO, in coordination with other agencies and subdivisions, shall prepare a biennial report reviewing the effectiveness of the CMP as required by Texas Natural Resources Code, §33.204(f). On or before January 15 of each odd-numbered year, the GLO shall send the report to the legislature.(d) The CMP will help local governments improve their ability to manage CNRAs and human activities affecting those resources. Source Note: The provisions of this §26.1 adopted to be effective June 15, 1995, 19 TexReg 7606; amended to be effective November 3, 1995, 20 TexReg 8643; amended to be effective October 7, 2018, 43 TexReg 6449; transferred effective December 1, 2022, as published in the Texas Register October 28, 2022, 47 TexReg 7301. 1 GENERAL LAND OFFICE 26 COASTAL MANAGEMENT PROGRAM A GENERAL PROVISIONS §26.1 Program for Special Management of Coastal Natural Resource Areas https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210649&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210649 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210649&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210649 03/11/2026 (a) The commissioner finds that the coast is subject to the following uses:(1) residential development, which includes siting, construction, and maintenance of single- and multiple-unit dwellings;(2) commercial development, which includes siting, construction, and maintenance of warehouses, offices, retail stores, hotels, restaurants, marinas, and recreational facilities;(3) industrial development, which includes siting, construction, operation, and maintenance of oil and gas exploration and development facilities, manufacturing and petrochemical plants, refineries, processing facilities, and ports;(4) agricultural development, which includes farming, ranching, silviculture, and aquaculture;(5) other development, which includes public buildings, parks, and other public purpose development;(6) development of infrastructure, which includes the siting, construction, operation, and maintenance of roads, causeways and bridges, railroads, transmission and communication lines, water and sewer lines and pump stations, oil and gas transportation pipelines, and other linear facilities; airports; electric generating facilities; flood control structures, dams, and other water control structures; water, sewage, and wastewater treatment facilities; and solid waste facilities;(7) waterfront construction, which includes erosion response projects and shoreline access structures. Erosion response projects include retaining walls, bulkheads, seawalls, rubble mounds, revetments, breakwaters, and groins. Shoreline access structures include piers, docks, wharves, boat ramps, and other structures. Other structures on state submerged land and private submerged land include artificial reefs and fishing cabins;(8) dredging, which includes excavation and disposal or placement of material from navigation channels and basins for commercial shipping, recreational boating, and oil and gas exploration and production; excavation for water intake structures, wastewater outfalls, or other structures incidental to shoreline development; and sediment mining on submerged lands; and(9) hunting, fishing, and other uses affecting terrestrial and aquatic wildlife.(b) Because they may adversely affect CNRAs, the commissioner finds that special management of these uses of the coast is necessary for continued balanced development of the coast. Source Note: The provisions of this §26.2 adopted to be effective December 29, 1995, 20 TexReg 10789; amended to be effective October 7, 2018, 43 TexReg 6449; transferred effective December 1, 2022, as published in the Texas Register October 28, 2022, 47 TexReg 7301. 1 GENERAL LAND OFFICE 26 COASTAL MANAGEMENT PROGRAM A GENERAL PROVISIONS §26.2 Findings https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214161&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214161 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214161&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214161 03/11/2026 (a) The following words, terms, and phrases, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Agency or subdivision--Any state agency, department, board, or commission or political subdivision of the state.(2) Adverse effects or adversely affect--Effects that result in the physical destruction or detrimental alteration of a CNRA. Such detrimental alterations are:(A) construction in critical dune areas and coastal hazard areas that increase risks to human safety or the potential for damage to property or CNRAs from floods, hurricanes, or other storms;(B) alterations that interfere with public use and enjoyment of, or access to and from, those CNRAs to which the public has a right of use, enjoyment, or access;(C) alterations that damage or destroy coastal historic areas;(D) alterations that harm the functions and values of CNRAs as habitat for terrestrial and aquatic wildlife;(E) alterations that disrupt wildlife corridors or fish or bird migratory routes;(F) discharges of pathogens, radioactive materials, dissolved minerals or solids, toxic substances, or suspended solids at levels harmful to humans or terrestrial or aquatic life or that significantly impair the aesthetic qualities of CNRAs;(G) alterations of salinity regimes, nutrient supply, oxygen concentration, or temperature regimes in coastal waters that are harmful to terrestrial or aquatic life;(H) alterations of hydrology, water flow, circulation patterns, water level, or surface drainage that are harmful to humans or terrestrial or aquatic life, impair the aesthetic qualities of CNRAs, or exacerbate erosion of shorelines or river deltas;(I) alterations of littoral and sediment transport processes that reduce the supply of sediments available to those processes or would otherwise exacerbate erosion of shorelines or river deltas;(J) alterations that increase losses of shore areas or other CNRAs from a rise in sea level with respect to the surface of the land, whether caused by actual sea-level rise or land surface subsidence; and(K) emission of air pollutants at levels that are harmful to humans or terrestrial or aquatic life or that significantly impair the aesthetic qualities of CNRAs.(3) Avoid and otherwise minimize--To avoid adverse effects to the greatest extent practicable. Adverse effects that cannot be avoided must then be minimized to the greatest extent practicable.(4) Coastal Coordination Act--Texas Natural Resources Code, Chapter 33, Subchapter F.(5) Coastal zone--The area within the boundary established in §27.1 of this title (relating to Coastal Management Program Boundary).(6) CMP coordinator--The GLO Coastal Resources staff member designated by the commissioner.(7) Coastal hazard areas--Special hazard areas and critical erosion areas.(8) Coastal natural resource area (CNRA)--Any area defined in Texas Natural Resources Code, §33.203(1) that is located within the coastal zone.(9) Coastal waters--Waters under tidal influence and waters in the open Gulf of Mexico.(10) Commissioner--Commissioner of the GLO.(11) Committee--Coastal Coordination Advisory Committee.(12) Critical areas--A coastal wetland, an oyster reef, a hard substrate reef, submerged aquatic vegetation, or a tidal sand or mud flat.(13) Cumulative adverse effects--Adverse effects increasing in significance due to the collective effects of a number of actions.(14) Pollutant--Any constituent that contaminates or alters the physical, thermal, chemical, or biological quality of any CNRA so as to be harmful, detrimental, or injurious to humans, animal life, vegetation, or property or to the public health, safety, or welfare or that impairs the usefulness or the public enjoyment of CNRAs for any lawful purpose.(15) Practicable--Available and capable of being done after taking into consideration existing technology, cost, and logistics in light of the overall purpose of the activity.(16) Public beach--Any public beach as defined in Chapter 61 of the Texas Natural Resources Code.(17) Secondary adverse effects--Adverse effects which would result from a proposed action and cause significant modifications or alterations to the physical or chemical characteristics of coastal natural resource areas beyond the limit of the immediate project area.(18) Water-dependent use or facility--An activity or facility that must be located in coastal waters or on submerged lands or that must have direct access to coastal waters in order to serve its basic purpose and function. Facilities that are water-dependent include, but are not limited to, public beach use and access facilities, boat slips, docks, breakwaters, marinas, wharves and other vessel loading or off-loading facilities, utility easements, boat ramps, navigation channels and basins, bridges and bridge approaches, revetments, shoreline protection structures, culverts, groins, saltwater barriers, navigational aids, mooring pilings, simple access channels, fish processing plants, boat construction and repair facilities, offshore pipelines and constructed wetlands below mean high water. Activities that are water-dependent include, but are not limited to, marine recreation (fishing, swimming, boating, wildlife viewing), industrial uses dependent on marine transportation or requiring large volumes of water that cannot be obtained at inland sites, mariculture, exploration for and production of oil and gas under coastal waters or submerged lands, and certain meteorological and oceanographic activities.(b) The following words, terms, and phrases, when used in this chapter shall have the following meanings, with respect to CNRAs.(1) Coastal barrier--An undeveloped area on a barrier island, peninsula, or other protected area, as designated by United States Fish and Wildlife Service maps.(2) Coastal historic area--A site that is specially identified in rules adopted by the Texas Historical Commission as being coastal in character and that is:(A) a site on the National Register of Historic Places, designated under 16 United States Code, §470a and 36 Code of Federal Regulations, Chapter I, Part 63; or(B) a state archaeological landmark, as defined by Texas Natural Resources Code, Subchapter D, Chapter 191.(3) Coastal preserve--Any land, including a park or wildlife management area, that is owned by the state and that is subject to Chapter 26, Parks and Wildlife Code, because it is a park, recreation area, scientific area, wildlife refuge, or historic site; and designated by the Texas Parks and Wildlife Commission as being coastal in character.(4) Coastal shore area--An area within 100 feet landward of the high water mark on submerged land.(5) Coastal wetlands--Wetlands, as the term is defined by Texas Water Code, §11.502, located:(A) seaward of the Coastal Facility Designation Line, established by rules adopted under Texas Natural Resources Code, Chapter 40;(B) within rivers and streams to the extent of tidal influence, as shown on the Texas Commission on Environmental Quality's stream segment maps and described as follows:(i) Arroyo Colorado from FM Road 1847 to a point 100 meters (110 yards) downstream of Cemetery Road south of the Port of Harlingen in Cameron County;(ii) Nueces River from US Highway 77 to the Calallen Dam 1.7 kilometers (1.1 miles) upstream of U.S. Highway 77 in Nueces/San Patricio County;(iii) Guadalupe River from State Highway 35 to the Guadalupe-Blanco River Authority Salt Water Barrier at 0.7 kilometers (0.4 miles) downstream of the confluence with the San Antonio River in Calhoun/Refugio County;(iv) Lavaca River from FM Road 616 to a point 8.6 kilometers (5.3 miles) downstream of US Highway 59 in Jackson County;(v) Navidad River from FM Road 616 to Palmetto Bend Dam in Jackson County;(vi) Tres Palacios Creek from FM Road 521 to a point 0.6 kilometer (0.4 mile) upstream of the confluence with Wilson Creek in Matagorda County;(vii) Colorado River from FM Road 521 to a point 2.1 kilometers (1.3 miles) downstream of the Missouri-Pacific Railroad in Matagorda County;(viii) San Bernard River from FM Road 521 to a point 3.2 kilometers (2.0 miles) upstream of State Highway 35 in Brazoria County;(ix) Chocolate Bayou from FM Road 2004 to a point 4.2 kilometers (2.6 miles) downstream of State Highway 35 in Brazoria County;(x) Clear Creek from Interstate Highway 45 to a point 100 meters (110 yards) upstream of FM Road 528 in Galveston/Harris County;(xi) Buffalo Bayou (Houston Ship Channel) from Interstate Highway 610 to a point 400 meters (440 yards) upstream of Shepherd Drive in Harris County;(xii) San Jacinto River from Interstate Highway 10 upstream to the Lake Houston dam in Harris County;(xiii) Cedar Bayou from Interstate Highway 10 to a point 2.2 kilometers (1.4 miles) upstream of Interstate Highway 10 in Chambers/Harris County;(xiv) Trinity River from Interstate Highway 10 to the border between Chambers and Liberty Counties;(xv) Neches River from Interstate Highway 10 to a point 11.3 kilometers (7.0 miles) upstream of Interstate Highway 10 in Orange County;(xvi) Sabine River from Interstate Highway 10 upstream to Morgan Bluff in Orange County; or(C) within one mile of the mean high tide line of the portion of rivers and streams described by subparagraph (B) of this paragraph, except for the Trinity and Neches rivers.(i) For the portion of the Trinity River described by subparagraph (B) of this paragraph, coastal wetlands include those wetlands located between the mean high tide line on the western shoreline of that portion of the river and FM Road 565 and FM Road 1409 or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 563.(ii) For the portion of the Neches River described by subparagraph (B) of this paragraph, coastal wetlands include those wetlands located within one mile of the mean high tide line of the western shoreline of that portion of the river or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 105.(6) Critical dune area--A protected sand dune complex on the Gulf shoreline within 1,000 feet of mean high tide designated by the land commissioner under Texas Natural Resource Code, §63.121.(7) Critical erosion area--Has the meaning assigned to the term "critical coastal erosion area" by Texas Natural Resources Code, §33.601(4).(8) Gulf beach--A beach bordering the Gulf of Mexico that is:(A) located inland from the mean low tide line to the natural line of vegetation bordering the seaward shore of the Gulf of Mexico; or(B) part of a contiguous beach area to which the public has a right of use or easement:(i) continuously held by the public; or(ii) acquired by the public by prescription, dedication, or estoppel.(9) Hard substrate reef--A naturally occurring hard substrate formation, including a rock outcrop or serpulid worm reef, living or dead, in an intertidal or subtidal area.(10) Oyster reef--A natural or artificial formation that is:(A) composed of oyster shell, live oysters, and other living or dead organisms;(B) discrete, contiguous, and clearly distinguishable from scattered oyster shell or oysters; and(C) located in an intertidal or subtidal area.(11) Special hazard area--An area designated under 42 United States Code Annotated, §4001 et seq, as having special flood, mudslide or mudflow, or flood-related erosion hazards and shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map as Zone A, AO, A1-30, AE, A99, AH, VO, V1-30, VE, V, M, or E.(12) Submerged land--Land located under waters under tidal influence or under waters of the open Gulf of Mexico, without regard to whether the land is owned by the state or a person other than the state.(13) Submerged aquatic vegetation--Rooted aquatic vegetation growing in permanently inundated areas in estuarine and marine systems.(14) Tidal sand or mud flat--A silt, clay, or sand substrate, without regard to whether it is vegetated by algal mats, that occur in intertidal areas and that are regularly or intermittently exposed and flooded by tides, including tides induced by weather.(15) Water of the open Gulf of Mexico--Water in this state, as defined by Texas Water Code, §26.001(5), that is part of the open water of the Gulf of Mexico and that is within the territorial limits of the state.(16) Water under tidal influence--Water in this state, as defined by Texas Water Code, §26.001(5), that is subject to tidal influence according to the Texas Commission on Environmental Quality stream segment map. The term includes coastal wetlands.(c) The following abbreviations, when used in this chapter, shall have the following meanings.(1) GLO--General Land Office;(2) PUC--Public Utility Commission;(3) RRC--Railroad Commission of Texas;(4) Sea Grant--Texas Sea Grant College Program;(5) SLB--School Land Board;(6) THC--Texas Historical Commission;(7) TCEQ--Texas Commission on Environmental Quality;(8) TPWD--Texas Parks and Wildlife Department;(9) TSSWCB--Texas State Soil and Water Conservation Board;(10) TWDB--Texas Water Development Board; and(11) TxDOT--Texas Department of Transportation.(d) To the extent that reference is made to statutory or regulatory terms or phrases which are not defined in this chapter, such terms and phrases retain the meaning provided in the pertinent agency or political subdivision policies or regulations. Source Note: The provisions of this §26.3 adopted to be effective June 15, 1995, 19 TexReg 7606; amended to be effective November 3, 1995, 20 TexReg 8643; amended to be effective December 15, 1997, 22 TexReg 12076; amended to be effective August 27, 2000, 25 TexReg 8032; amended to be effective July 15, 2002, 27 TexReg 6317; amended to be effective October 6, 2004, 29 TexReg 9407; amended to be effective October 29, 2006, 31 TexReg 8840; amended to be effective October 7, 2018, 43 TexReg 6449; transferred effective December 1, 2022, as published in the Texas Register October 28, 2022, 47 TexReg 7301; amended to be effective July 10, 2023, 48 TexReg 3671. 1 GENERAL LAND OFFICE 26 COASTAL MANAGEMENT PROGRAM A GENERAL PROVISIONS §26.3 Definitions and Abbreviations https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214162&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214162 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214162&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214162 03/11/2026 (a) The Coastal Coordination Advisory Committee (committee) advises the commissioner on matters related to the CMP. The committee shall:(1) make recommendations regarding the referral and review of proposed actions subject to consistency with the CMP goals and policies;(2) participate in coastal issue teams to facilitate interagency coordination and communication regarding CMP subject matter areas, including but not limited to water quality, grants, planning, and permitting; and(3) review any other matters related to the CMP, as requested by the commissioner.(b) The committee is composed of:(1) a representative of each of the following entities designated by the presiding officer of that entity:(A) the General Land Office;(B) the Texas Parks and Wildlife Department;(C) the Texas Commission on Environmental Quality;(D) the Railroad Commission of Texas;(E) the Texas Water Development Board;(F) the Texas Department of Transportation;(G) the State Soil and Water Conservation Board; and(H) the Texas Sea Grant College Program.(2) the following members appointed by the commissioner:(A) a city or county elected official who resides in the coastal area;(B) an owner of a business located in the coastal area who resides in the coastal area;(C) a resident from the coastal area; and(D) a representative of agriculture.(c) Members of the committee serve five-year terms aligned with the five-year periods of the CMP assessment and strategy cycles.(1) Members may serve partial terms. If a member's term has expired, that member will continue to serve until a replacement is appointed or designated.(2) Appointed members serve at the pleasure of the commissioner. Designated members serve at the pleasure of the presiding officer of the entity from which the member was selected.(d) To assist the commissioner and the committee, the CMP coordinator shall:(1) serve as the GLO's primary point of contact for matters related to the CMP;(2) facilitate coordination among agencies and subdivisions subject to the CMP; and(3) schedule, organize, and conduct meetings of the committee.(e) The committee shall meet as often as directed by the CMP coordinator or the commissioner.(f) In the event that a proposed action subject to consistency with the CMP goals and policies presents a significant unresolved consistency dispute, the committee may refer the matter to the commissioner for review pursuant to Chapter 29 (Procedures for State Consistency with Coastal Management Program Goals and Policies) or Chapter 30 (Procedures for Federal Consistency with Coastal Management Program Goals and Policies) of this title.(g) Chapter 2110, Government Code, does not apply to the size, composition, or duration of the committee. Source Note: The provisions of this §26.4 adopted to be effective October 7, 2018, 43 TexReg 6449; transferred effective December 1, 2022, as published in the Texas Register October 28, 2022, 47 TexReg 7301; amended to be effective July 10, 2023, 48 TexReg 3671. 1 GENERAL LAND OFFICE 26 COASTAL MANAGEMENT PROGRAM A GENERAL PROVISIONS §26.4 Coastal Coordination Advisory Committee https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214169&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214169 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214169&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214169 03/11/2026 (a) State agencies, municipalities, and counties identified in this subchapter shall comply with the goals and policies in this subchapter when taking an action listed in §29.11 of this title (relating to Actions and Rules Subject to the Coastal Management Program) or §29.60 of this title (relating to Local Government Actions Subject to the Coastal Management Program).(b) The goals and policies in this subchapter apply only to those actions expressly identified in this subchapter.(c) Compliance with the goals and policies of this subchapter does not supersede or eliminate any legal duty to comply with other applicable statutory and regulatory requirements. Source Note: The provisions of this §26.10 adopted to be effective June 15, 1995, 19 TexReg 7606; amended to be effective November 3, 1995, 20 TexReg 8643; amended to be effective October 29, 2006, 31 TexReg 8840; amended to be effective October 7, 2018, 43 TexReg 6449; transferred effective December 1, 2022, as published in the Texas Register October 28, 2022, 47 TexReg 7301; amended to be effective July 10, 2023, 48 TexReg 3671. 1 GENERAL LAND OFFICE 26 COASTAL MANAGEMENT PROGRAM B GOALS AND POLICIES §26.10 Compliance with CMP Goals and Policies https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210653&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210653 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210653&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210653 03/11/2026 (a) A goal or policy may not require an agency or subdivision to perform an action that would exceed the constitutional or statutory authority of the agency or subdivision to which the goal or policy applies.(b) The requirements of this chapter may not be applied in a manner that would result in the taking, damage, or destruction of property without adequate compensation.(c) Nothing in these rules shall be construed as providing or allowing for the development of special area management plans, including a plan for an area designated under a national estuary program. Source Note: The provisions of this §26.11 adopted to be effective June 15, 1995, 19 TexReg 7606; amended to be effective November 3, 1995, 20 TexReg 8643; transferred effective December 1, 2022, as published in the Texas Register October 28, 2022, 47 TexReg 7301. 1 GENERAL LAND OFFICE 26 COASTAL MANAGEMENT PROGRAM B GOALS AND POLICIES §26.11 Statutory and Constitutional Limits https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210626&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210626 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210626&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210626 03/11/2026 The goals of the Texas Coastal Management Program (CMP) are:(1) to protect, preserve, restore, and enhance the diversity, quality, quantity, functions, and values of coastal natural resource areas (CNRAs);(2) to ensure sound management of all coastal resources by allowing for compatible economic development and multiple human uses of the coastal zone;(3) to minimize loss of human life and property due to the impairment and loss of protective features of CNRAs;(4) to ensure and enhance planned public access to and enjoyment of the coastal zone in a manner that is compatible with private property rights and other uses of the coastal zone;(5) to balance the benefits from economic development and multiple human uses of the coastal zone, the benefits from protecting, preserving, restoring, and enhancing CNRAs, the benefits from minimizing loss of human life and property, and the benefits from public access to and enjoyment of the coastal zone;(6) to coordinate agency and subdivision decision-making affecting CNRAs by establishing clear, objective policies for the management of CNRAs;(7) to make agency and subdivision decision-making affecting CNRAs efficient by identifying and addressing duplication and conflicts among local, state, and federal regulatory and other programs for the management of CNRAs;(8) to make agency and subdivision decision-making affecting CNRAs more effective by employing the most comprehensive, accurate, and reliable information and scientific data available and by developing, distributing for public comment, and maintaining a coordinated, publicly accessible geographic information system of maps of the coastal zone and CNRAs at the earliest possible date;(9) to make coastal management processes visible, coherent, accessible, and accountable to the people of Texas by providing for public participation in the ongoing development and implementation of the Texas CMP; and(10) to educate the public about the principal coastal problems of state concern and technology available for the protection and improved management of CNRAs. Source Note: The provisions of this §26.12 adopted to be effective June 15, 1995, 19 TexReg 7606; amended to be effective November 3, 1995, 20 TexReg 8643; transferred effective December 1, 2022, as published in the Texas Register October 28, 2022, 47 TexReg 7301. 1 GENERAL LAND OFFICE 26 COASTAL MANAGEMENT PROGRAM B GOALS AND POLICIES §26.12 Goals https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214170&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214170 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214170&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214170 03/11/2026 (a) Agency and subdivision rules and ordinances subject to §26.10 of this title (relating to Compliance with Goals and Policies) shall:(1) require applicants to provide information necessary for an agency or subdivision to make an informed decision on a proposed action listed in §29.11 of this title (relating to Actions and Rules Subject to the Coastal Management Program) or §29.60 of this title (relating to Local Government Actions Subject to the Coastal Management Program);(2) identify the monitoring established to ensure that activities authorized by actions listed in §29.11 of this title or §29.60 of this title comply with all applicable requirements;(3) identify circumstances in which agencies and subdivisions have the authority to issue variances from standards or requirements for the protection of CNRAs, including the grounds for granting variances; and(4) take into account the national interest as defined in the Texas Coastal Management Program Final Environmental Impact Statement, August 1996, Part II, Chapter 7.(b) A threshold for referral adopted by an agency under the provisions of Chapter 29 of this title (relating to Procedures for State Consistency with Coastal Management Program Goals and Policies shall be set at a level that is reasonably calculated to ensure that actions that may have unique and significant adverse effects on coastal natural resource areas are above the threshold for referral. Source Note: The provisions of this §26.13 adopted to be effective June 15, 1995, 19 TexReg 7606; amended to be effective November 3, 1995, 20 TexReg 8643; amended to be effective October 29, 2006, 31 TexReg 8840; transferred effective December 1, 2022, as published in the Texas Register October 28, 2022, 47 TexReg 7301; amended to be effective July 10, 2023, 48 TexReg 3671. 1 GENERAL LAND OFFICE 26 COASTAL MANAGEMENT PROGRAM B GOALS AND POLICIES §26.13 Administrative Policies https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214171&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214171 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214171&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214171 03/11/2026 (a) For purposes of this section, "major action" means an individual agency or subdivision action listed in §29.11 of this title (relating to Actions and Rules Subject to the Coastal Management Program), §30.12 of this title (relating to Federal Listed Activities Subject to CZMA Review), or §29.60 of this title (relating to Local Government Actions Subject to the Coastal Management Program), relating to an activity for which a federal environmental impact statement under the National Environmental Policy Act, 42 United States Code Annotated, §4321, et seq is required.(b) Prior to taking a major action, the agencies and subdivisions having jurisdiction over the activity shall meet and coordinate their major actions relating to the activity. The agencies and subdivisions shall, to the greatest extent practicable, consider the cumulative and secondary adverse effects, as described in the federal environmental impact assessment process, of each major action relating to the activity.(c) No agency or subdivision shall take a major action that is inconsistent with the goals and policies of this chapter. In addition, an agency or subdivision shall avoid and otherwise minimize the cumulative adverse effects to coastal natural resource areas of each of its major actions relating to the activity. Source Note: The provisions of this §26.15 adopted to be effective December 29, 1995, 20 TexReg 10789; transferred effective December 1, 2022, as published in the Texas Register October 28, 2022, 47 TexReg 7301; amended to be effective July 10, 2023, 48 TexReg 3671. 1 GENERAL LAND OFFICE 26 COASTAL MANAGEMENT PROGRAM B GOALS AND POLICIES §26.15 Policy for Major Actions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210631&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210631 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210631&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210631 03/11/2026 (a) Construction of electric generating facilities and electric transmission lines in the coastal zone shall comply with the policies in this section.(1) New electric generating facilities shall, where practicable, be located at previously developed sites. New electric generating facilities at undeveloped sites shall be located so that future expansion will avoid construction in critical areas, Gulf beaches, critical dunes, and washovers to the greatest extent practicable. To the extent applicable to the public beach, the policies in this section are supplemental to any further restrictions or requirements relating to the beach access and use rights of the public.(2) Electric generating facilities using once-through cooling systems shall be located and designed to have the least adverse effects practicable, including impingement or entrainment of estuarine organisms.(3) Electric generating facilities shall be constructed at sites selected to have the least adverse effects practicable on recreational uses of CNRAs and on areas used for spawning, nesting, and seasonal migrations of terrestrial and aquatic fish and wildlife species.(4) Electric transmission lines to or on Coastal Barrier Resource System Units and Otherwise Protected Areas designated on maps dated October 24, 1990, as those maps may be modified, revised, or corrected, under the Coastal Barrier Resources Act, 16 United States Code Annotated, §3503, on coastal barriers shall:(A) be located, where practicable, in existing rights-of-way or previously disturbed areas if necessary to avoid or minimize adverse effects; and(B) be located at sites at which future expansion shall avoid construction in critical areas, Gulf beaches, critical dunes, and washovers to the greatest extent practicable.(b) The PUC shall comply with the policies in this section when issuing certificates of convenience and necessity and adopting rules under the Public Utility Regulatory Act, Texas Utilities Code §11.001, et seq., governing construction of electric generating facilities, electric transmission lines, and associated facilities in the coastal zone. Source Note: The provisions of this §26.16 adopted to be effective October 6, 2004, 29 TexReg 9407; amended to be effective October 29, 2006, 31 TexReg 8840; transferred effective December 1, 2022, as published in the Texas Register October 28, 2022, 47 TexReg 7301. 1 GENERAL LAND OFFICE 26 COASTAL MANAGEMENT PROGRAM B GOALS AND POLICIES §26.16 Policies for Construction of Electric Generating and Transmission Facilities https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210629&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210629 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210629&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210629 03/11/2026 (a) Oil and gas exploration and production on submerged lands shall comply with the policies in this section.(1) In or near critical areas, facilities shall be located and operated and geophysical and other operations shall be located and conducted in such a manner as to avoid and otherwise minimize adverse effects, including those from the disposal of solid waste and disturbance resulting from the operation of vessels and wheeled or tracked vehicles, whether on areas under lease, easement, or permit or on or across access routes thereto. Where practicable, buffer zones for critical areas shall be established and directional drilling or other methods to avoid disturbance, such as pooling or unitization, shall be employed.(2) Lessees, easement holders, and permittees shall construct facilities in a manner that avoids impoundment or draining of coastal wetlands, if practicable, and shall mitigate any adverse effects on coastal wetlands impounded or drained in accordance with the sequencing requirements in this section.(3) Upon completion or cessation of operations, lessees, easement holders, and permittees shall remove facilities and restore any significantly degraded areas to pre-project conditions as closely as practicable, unless facilities can be used for maintenance or enhancement of CNRAs or unless restoration activities would further degrade CNRAs.(b) To the extent applicable to the public beach, the policies in this section are supplemental to any further restrictions or requirements relating to the beach access and use rights of the public.(c) The GLO and SLB shall comply with the policies in this section when approving oil, gas, and other mineral lease plans of operation and granting surface leases, easements, and permits and adopting rules under the Texas Natural Resources Code, Chapters 32, 33 and 51 - 53, governing oil and gas exploration and production on submerged lands. Source Note: The provisions of this §26.17 adopted to be effective October 6, 2004, 29 TexReg 9407; transferred effective December 1, 2022, as published in the Texas Register October 28, 2022, 47 TexReg 7301. 1 GENERAL LAND OFFICE 26 COASTAL MANAGEMENT PROGRAM B GOALS AND POLICIES §26.17 Policies for Construction, Operation, and Maintenance of Oil and Gas Exploration and Production Facilities https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214172&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214172 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214172&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214172 03/11/2026 (a) Disposal of oil and gas waste in the coastal zone shall comply with the policies in this section.(1) No new commercial oil and gas waste disposal pit shall be located in any CNRA.(2) Oil and gas waste disposal pits shall be designed to prevent releases of pollutants that adversely affect coastal waters or critical areas.(b) Discharge of oil and gas exploration and production wastewater in the coastal zone shall comply with the following policies.(1) All discharges shall comply with all provisions of surface water quality standards established by the TCEQ under §26.21 of this title (relating to Policies for Discharge of Municipal and Industrial Wastewater to Coastal Waters).(2) To the greatest extent practicable, new wastewater outfalls shall be located where the discharge will not adversely affect critical areas. Existing wastewater outfalls that adversely affect critical areas shall be either discontinued or relocated so as not to adversely affect critical areas within two years of the effective date of this section.(3) The RRC shall notify the TCEQ and the TPWD upon receipt of an application for a new permit to discharge produced waters to waters under tidal influence. In determining compliance with the policies in this section, the RRC shall consider the effects of salinity from the discharge.(c) The RRC shall comply with the policies in this section when issuing permits and adopting rules under the Texas Natural Resources Code, Chapter 91, for oil and gas waste, and under Texas Water Code, Chapter 26, and the Texas Natural Resources Code, Chapter 91, for oil and gas wastewater discharges. Source Note: The provisions of this §26.18 adopted to be effective October 6, 2004, 29 TexReg 9407; transferred effective December 1, 2022, as published in the Texas Register October 28, 2022, 47 TexReg 7301; amended to be effective July 10, 2023, 48 TexReg 3671. 1 GENERAL LAND OFFICE 26 COASTAL MANAGEMENT PROGRAM B GOALS AND POLICIES §26.18 Policies for Discharges of Wastewater and Disposal of Waste from Oil and Gas Exploration and Production Activities https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210632&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210632 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210632&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210632 03/11/2026 (a) Construction and operation of solid waste facilities in the coastal zone shall comply with the policies in this section. This section applies to both new facilities and areal expansion of existing facilities.(1) A landfill at which hazardous waste is received for a fee shall not be located in a critical area, critical dune area, critical erosion area, or a 100-year floodplain of a perennial stream, delineated on a flood map adopted by the Federal Emergency Management Agency after September 1, 1985, as zone A1-99, VO, or V1-30. This provision shall not apply to any facility for which a notice of intent to file an application, or an application, has been filed with the TCEQ as of September 1, 1985.(2) Except as provided in subparagraph (A) and (B) of this paragraph, a hazardous waste landfill shall not be located in a special hazard area existing before site development except in an area with a flood depth of less than three feet. Any hazardous waste landfill within a special hazard area must be designed, constructed, operated, and maintained to prevent washout of any hazardous waste by a 100-year flood event.(A) The areal expansion of a landfill in a special hazard area may be allowed if the applicant demonstrates that the facility design will prevent the physical transport of any hazardous waste by a 100-year flood event.(B) A new commercial hazardous waste management facility landfill unit may not be located in a special hazard area, unless the applicant demonstrates that the facility design will prevent the physical transport of any hazardous waste by a 100-year flood event.(3) Hazardous waste storage or processing facilities, land treatment facilities, waste piles, and storage surface impoundments shall not be located in special hazard areas unless they are designed, constructed, operated, and maintained to prevent washout of any hazardous waste by a 100-year flood event.(4) Hazardous waste land treatment facilities, waste piles, storage surface impoundments, and landfills shall not be located within 1,000 feet of an area subject to active coastal shoreline erosion, if the area is protected by a barrier island or peninsula, unless the design, construction, and operational features of the facility will prevent adverse effects resulting from storm surge and erosion or scouring by water. On coastal shorelines which are subject to active shoreline erosion and which are unprotected by a barrier island or peninsula, a separation distance from the shoreline to the facility must be at least 5,000 feet, unless the design, construction, and operational features of the facility will prevent adverse effects resulting from storm surge and erosion or scouring by water.(5) Hazardous waste storage or processing facilities, land treatment facilities, waste piles, storage surface impoundments, and landfills shall not be located in coastal wetlands, or in any CNRA that is the critical habitat of an endangered species of plant or animal unless the design, construction, and operation features of the facility will prevent adverse effects on the critical habitat of the endangered species.(6) Hazardous waste land treatment facilities, waste piles, storage surface impoundments, and landfills shall not be located on coastal barriers.(7) Hazardous waste landfills are prohibited if there is a practicable alternative to such a landfill that is reasonably available to manage the types and classes of hazardous waste which might be disposed at the landfill.(8) The TCEQ shall not issue a permit for a new hazardous waste management facility or the areal expansion of an existing hazardous waste facility unless it finds that the proposed site, when evaluated in light of proposed design, construction, and operational features, reasonably minimizes possible contamination of coastal waters.(9) New solid waste facilities and areal expansion of existing solid waste facilities shall be sited, designed, constructed, and operated to prevent releases of pollutants that may adversely affect CNRAs and, at a minimum, comply with standards established under the Solid Waste Disposal Act, 42 United States Code Annotated, §§6901 et seq.(b) The TCEQ shall comply with the policies in this section when issuing permits and adopting rules under Texas Health and Safety Code, Chapter 361. Source Note: The provisions of this §26.19 adopted to be effective October 6, 2004, 29 TexReg 9407; transferred effective December 1, 2022, as published in the Texas Register October 28, 2022, 47 TexReg 7301. 1 GENERAL LAND OFFICE 26 COASTAL MANAGEMENT PROGRAM B GOALS AND POLICIES §26.19 Policies for Construction and Operation of Solid Waste Treatment, Storage, and Disposal Facilities https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210633&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210633 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210633&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210633 03/11/2026 (a) The GLO regulations governing prevention of, response to and remediation of coastal oil spills shall provide for measures to prevent coastal oil spills and to ensure adequate response and removal actions. The GLO regulations for certification of vessels and facilities that handle oil shall be designed to ensure that vessels and facilities are capable of prompt response and adequate removal of unauthorized discharges of oil. The GLO regulations adopted pursuant to the Oil Spill Prevention and Response Act (OSPRA), Texas Natural Resources Code, Chapter 40, shall be consistent with the State Coastal Discharge Contingency Plan adopted pursuant to OSPRA; and the National Contingency Plan adopted pursuant to the Federal Water Pollution Control Act, 33 United States Code Annotated, Chapter 26.(b) Natural Resource Damage Assessment. GLO rules under OSPRA governing the assessment of damages to natural resources injured as the result of an unauthorized discharge of oil into coastal waters shall provide for reasonable and rational procedures for assessing damages and shall take into account the unique circumstances of the spill incident. The costs of assessing the damages shall not be disproportionate to the value of the injured resources. Plans for the restoration, rehabilitation, replacement or acquisition of equivalent resources shall provide for participation by the public and shall be designed to promote the restoration of the injured resources with all deliberate speed. The GLO rules shall be consistent with other state rules and policies and with the CMP goals and policies. Source Note: The provisions of this §26.20 adopted to be effective October 6, 2004, 29 TexReg 9407; transferred effective December 1, 2022, as published in the Texas Register October 28, 2022, 47 TexReg 7301. 1 GENERAL LAND OFFICE 26 COASTAL MANAGEMENT PROGRAM B GOALS AND POLICIES §26.20 Policies for Prevention, Response and Remediation of Oil Spills https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214163&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214163 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214163&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214163 03/11/2026 (a) TCEQ rules shall:(1) comply with the requirements of the Clean Water Act, 33 United States Code Annotated, §§1251 et seq, and implementing regulations at Code of Federal Regulations, Title 40, which include establishing surface water quality standards in order to protect designated uses of coastal waters, including the protection of uses for water supply, recreational purposes, and propagation and protection of terrestrial and aquatic life, and establishing water-quality-based effluent limits, including toxicity monitoring and specific toxicity or chemical limits as necessary to protect designated uses of coastal waters;(2) provide for the assessment of water quality on a coastal watershed basis as required by the Texas Water Code, §26.0135(d);(3) to the greatest extent practicable, provide that all permits for the discharge of wastewater within a given watershed or region of a single watershed contain the same expiration date in order to evaluate the combined effects of permitted discharges on water quality within that watershed or region;(4) identify and rank waters that are not attaining designated uses and establish total maximum daily pollutant loads in accordance with those rankings using scientifically valid models calibrated and validated with monitored data and with public input from affected stakeholders; and(5) require that increases in pollutant loads to coastal waters shall not:(A) impair designated uses of coastal waters; or(B) result in degradation of coastal waters that exceed fishable/swimmable quality except in cases where lowering coastal water quality is necessary for important economic or social development.(b) Discharge of municipal and industrial wastewater in the coastal zone shall comply with the following policies.(1) Discharges shall comply with water-quality-based effluent limits.(2) Discharges that increase pollutant loadings to coastal waters shall not impair designated uses of coastal waters and shall not significantly degrade coastal water quality unless necessary for important economic or social development.(3) To the greatest extent practicable, new wastewater outfalls shall be located where they will not adversely affect critical areas.(c) The TCEQ shall comply with the policies in this section when adopting rules and authorizing wastewater discharges under Texas Water Code, Chapter 26.(d) The TCEQ shall consult with the Texas Department of State Health Services when reviewing permit applications for wastewater discharges that may significantly adversely affect oyster reefs. Source Note: The provisions of this §26.21 adopted to be effective October 6, 2004, 29 TexReg 9407; amended to be effective October 29, 2006, 31 TexReg 8840; transferred effective December 1, 2022, as published in the Texas Register October 28, 2022, 47 TexReg 7301; amended to be effective July 10, 2023, 48 TexReg 3671. 1 GENERAL LAND OFFICE 26 COASTAL MANAGEMENT PROGRAM B GOALS AND POLICIES §26.21 Policies for Discharge of Municipal and Industrial Wastewater to Coastal Waters https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210635&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210635 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210635&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210635 03/11/2026 (a) State agencies and subdivisions with authority to manage NPS pollution shall cooperate in the development and implementation of a coordinated program to reduce NPS pollution in order to restore and protect coastal waters.(b) In an area that the TSSWCB identifies as having or having the potential to develop agricultural or silvicultural NPS water quality problems or an area within the coastal zone, the TSSWCB shall establish a water quality management plan certification program that provides, through the local soil and water conservation district, for the development, supervision, and monitoring of voluntary individual water quality management plans for agricultural and silvicultural lands. Each plan must be developed, maintained, and implemented under rules and criteria adopted by the TSSWCB and discharges under such a plan may not cause a violation of state water quality standards established by the TCEQ. The TSSWCB's rules shall certify a plan that satisfies the TSSWCB rules and criteria and discharges which do not cause a violation of state water quality standards established by the TCEQ. This policy is not intended, nor shall it be interpreted, to require the TSSWCB to establish non-voluntary requirements for the development, maintenance, or implementation of individual water quality management plans.(c) TCEQ rules under Texas Health and Safety Code, Chapter 366, governing on-site sewage disposal systems, and TCEQ rules under Texas Water Code, Chapter 26, Subchapter I, governing underground storage tanks, shall require that on-site disposal systems and underground storage tanks be located, designed, operated, inspected, and maintained so as to prevent releases of pollutants that may adversely affect coastal waters.(d) This policy shall not be interpreted or applied so as to require that either a National Pollution Discharge Elimination System (NPDES) permit for stormwater discharges issued under the Clean Water Act, §402(p), or an NPDES permit for a concentrated animal feeding operation, requiring no discharge up to and including a 25-year, 24-hour frequency storm, provide additional NPS pollution control measures in addition to those required in the permit. Source Note: The provisions of this §26.22 adopted to be effective October 6, 2004, 29 TexReg 9407; transferred effective December 1, 2022, as published in the Texas Register October 28, 2022, 47 TexReg 7301. 1 GENERAL LAND OFFICE 26 COASTAL MANAGEMENT PROGRAM B GOALS AND POLICIES §26.22 Policies for Nonpoint Source (NPS) Water Pollution https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214164&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214164 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214164&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214164 03/11/2026 (a) Dredging and construction of structures in, or the discharge of dredged or fill material into, critical areas shall comply with the policies in this section. In implementing this section, cumulative and secondary adverse effects of these activities will be considered.(1) The policies in this section shall be applied in a manner consistent with the goal of achieving no net loss of critical area functions and values.(2) Persons proposing development in critical areas shall demonstrate that no practicable alternative with fewer adverse effects is available.(3) In evaluating practicable alternatives, the following sequence shall be applied:(A) Adverse effects on critical areas shall be avoided to the greatest extent practicable.(B) Unavoidable adverse effects shall be minimized to the greatest extent practicable by limiting the degree or magnitude of the activity and its implementation.(C) Appropriate and practicable compensatory mitigation shall be required to the greatest extent practicable for all adverse effects that cannot be avoided or minimized.(4) Compensatory mitigation includes restoring adversely affected critical areas or replacing adversely affected critical areas by creating new critical areas. Compensatory mitigation should be undertaken, when practicable, in areas adjacent or contiguous to the affected critical areas (on-site). If on-site compensatory mitigation is not practicable, compensatory mitigation should be undertaken in close physical proximity to the affected critical areas if practicable and in the same watershed if possible (off-site). Compensatory mitigation should also attempt to replace affected critical areas with critical areas with characteristics identical to or closely approximating those of the affected critical areas (in-kind). The preferred order of compensatory mitigation is:(A) on-site, in-kind;(B) off-site, in-kind;(C) on-site, out-of-kind; and(D) off-site, out-of-kind.(5) Mitigation banking is acceptable compensatory mitigation if use of the mitigation bank has been approved by the agency authorizing the development and mitigation credits are available for withdrawal. Preservation through acquisition for public ownership of unique critical areas or other ecologically important areas may be acceptable compensatory mitigation in exceptional circumstances. Examples of this include areas of high priority for preservation or restoration, areas whose functions and values are difficult to replicate, or areas not adequately protected by regulatory programs. Acquisition will normally be allowed only in conjunction with preferred forms of compensatory mitigation.(6) In determining compensatory mitigation requirements, the impaired functions and values of the affected critical area shall be replaced on a one-to-one ratio. Replacement of functions and values on a one-to-one ratio may require restoration or replacement of the physical area affected on a ratio higher than one-to-one. While no net loss of critical area functions and values is the goal, it is not required in individual cases where mitigation is not practicable or would result in only inconsequential environmental benefits. It is also important to recognize that there are circumstances where the adverse effects of the activity are so significant that, even if alternatives are not available, the activity may not be permitted regardless of the compensatory mitigation proposed.(7) Development in critical areas shall not be authorized if significant degradation of critical areas will occur. Significant degradation occurs if:(A) the activity will jeopardize the continued existence of species listed as endangered or threatened, or will result in likelihood of the destruction or adverse modification of a habitat determined to be a critical habitat under the Endangered Species Act, 16 United States Code Annotated, §§1531 - 1544;(B) the activity will cause or contribute, after consideration of dilution and dispersion, to violation of any applicable surface water quality standards established under §26.21 of this title (relating to Policies for Discharge of Municipal and Industrial Wastewater to Coastal Waters);(C) the activity violates any applicable toxic effluent standard or prohibition established under §26.21 of this title;(D) the activity violates any requirement imposed to protect a marine sanctuary designated under the Marine Protection, Research, and Sanctuaries Act of 1972, 33 United States Code Annotated, Chapter 27; or(E) taking into account the nature and degree of all identifiable adverse effects, including their persistence, permanence, areal extent, and the degree to which these effects will have been mitigated pursuant to subsections (c) and (d) of this section, the activity will, individually or collectively, cause or contribute to significant adverse effects on:(i) human health and welfare, including effects on water supplies, plankton, benthos, fish, shellfish, wildlife, and consumption of fish and wildlife;(ii) the life stages of aquatic life and other wildlife dependent on aquatic ecosystems, including the transfer, concentration, or spread of pollutants or their byproducts beyond the site, or their introduction into an ecosystem, through biological, physical, or chemical processes;(iii) ecosystem diversity, productivity, and stability, including loss of fish and wildlife habitat or loss of the capacity of a coastal wetland to assimilate nutrients, purify water, or reduce wave energy; or(iv) generally accepted recreational, aesthetic or economic values of the critical area which are of exceptional character and importance.(b) The TCEQ and the RRC shall comply with the policies in this section when issuing certifications and adopting rules under Texas Water Code, Chapter 26, and the Texas Natural Resources Code, Chapter 91, governing certification of compliance with surface water quality standards for federal actions and permits authorizing development affecting critical areas; provided that activities exempted from the requirement for a permit for the discharge of dredged or fill material, described in Code of Federal Regulations, Title 33, §323.4 and/or Code of Federal Regulations, Title 40, §232.3, including but not limited to normal farming, silviculture, and ranching activities, such as plowing, seeding, cultivating, minor drainage, and harvesting for the production of food, fiber, and forest products, or upland soil and water conservation practices, shall not be considered activities for which a certification is required. The GLO and the SLB shall comply with the policies in this section when approving oil, gas, or other mineral lease plans of operation or granting surface leases, easements, and permits and adopting rules under the Texas Natural Resources Code, Chapters 32, 33 and 51 - 53, and Texas Water Code, Chapter 61, governing development affecting critical areas on state submerged lands and private submerged lands, and when issuing approvals and adopting rules under Texas Natural Resources Code, Chapter 221, for mitigation banks operated by subdivisions of the state.(c) Agencies required to comply with this section will coordinate with one another and with federal agencies when evaluating alternatives, determining appropriate and practicable mitigation, and assessing significant degradation. Those agencies' rules governing authorizations for development in critical areas shall require a demonstration that the requirements of subsection (a)(1) - (7) of this section have been satisfied.(d) For any dredging or construction of structures in, or discharge of dredged or fill material into, critical areas that is subject to the requirements of §26.15 of this title (relating to Policy for Major Actions), data and information on the cumulative and secondary adverse affects of the project need not be produced or evaluated to comply with this section if such data and information is produced and evaluated in compliance with §26.15(b) - (c) of this title. Source Note: The provisions of this §26.23 adopted to be effective October 6, 2004, 29 TexReg 9407; amended to be effective October 29, 2006, 31 TexReg 8840; transferred effective December 1, 2022, as published in the Texas Register October 28, 2022, 47 TexReg 7301; amended to be effective July 10, 2023, 48 TexReg 3671. 1 GENERAL LAND OFFICE 26 COASTAL MANAGEMENT PROGRAM B GOALS AND POLICIES §26.23 Policies for Development in Critical Areas https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214165&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214165 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214165&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214165 03/11/2026 (a) Development on submerged lands shall comply with the policies in this section.(1) Marinas shall be designed and, to the greatest extent practicable, sited so that tides and currents will aid in flushing of the site or renew its water regularly.(2) Marinas designed for anchorage of private vessels shall provide facilities for the collection of waste, refuse, trash, and debris.(3) Marinas with the capacity for long-term anchorage of more than ten vessels shall provide pump-out facilities for marine toilets, or other such measures or facilities that provide an equal or better level of water quality protection.(4) Marinas, docks, piers, wharves and other structures shall be designed and, to the greatest extent practicable, sited to avoid and otherwise minimize adverse effects on critical areas from boat traffic to and from those structures.(5) Construction of docks, piers, wharves, and other structures shall be preferred instead of authorizing dredging of channels or basins or filling of submerged lands to provide access to coastal waters if such construction is practicable, environmentally preferable, and will not interfere with commercial navigation.(6) Piers, docks, wharves, bulkheads, jetties, groins, fishing cabins, and artificial reefs (including artificial reefs for compensatory mitigation) shall be limited to the minimum necessary to serve the project purpose and shall be constructed in a manner that:(A) does not significantly interfere with public navigation;(B) does not significantly interfere with the natural coastal processes which supply sediments to shore areas or otherwise exacerbate erosion of shore areas; and(C) avoids and otherwise minimizes shading of critical areas and other adverse effects.(7) Facilities shall be located at sites or designed and constructed to the greatest extent practicable to avoid and otherwise minimize the potential for adverse effects from:(A) construction and maintenance of other development associated with the facility;(B) direct release to coastal waters and critical areas of pollutants from oil or hazardous substance spills or stormwater runoff; and(C) deposition of airborne pollutants in coastal waters and critical areas.(8) Where practicable, pipelines, transmission lines, cables, roads, causeways, and bridges shall be located in existing rights-of-way or previously disturbed areas if necessary to avoid or minimize adverse effects and if it does not result in unreasonable risks to human health, safety, and welfare.(9) To the greatest extent practicable, construction of facilities shall occur at sites and times selected to have the least adverse effects on recreational uses of CNRAs and on spawning or nesting seasons or seasonal migrations of terrestrial and aquatic wildlife.(10) Facilities shall be located at sites which avoid the impoundment and draining of coastal wetlands. If impoundment or draining cannot be avoided, adverse effects to the impounded or drained wetlands shall be mitigated in accordance with the sequencing requirements of §26.23 of this title (relating to Policies for Development in Critical Areas). To the greatest extent practicable, facilities shall be located at sites at which expansion will not result in development in critical areas.(11) Where practicable, piers, docks, wharves, bulkheads, jetties, groins, fishing cabins, and artificial reefs shall be constructed with materials that will not cause any adverse effects on coastal waters or critical areas.(12) Developed sites shall be returned as closely as practicable to pre-project conditions upon completion or cessation of operations by the removal of facilities and restoration of any significantly degraded areas, unless:(A) the facilities can be used for public purposes or contribute to the maintenance or enhancement of coastal water quality, critical areas, beaches, submerged lands, or shore areas; or(B) restoration activities would further degrade CNRAs.(13) Water-dependent uses and facilities shall receive preference over those uses and facilities that are not water-dependent.(14) Nonstructural erosion response methods such as beach nourishment, sediment bypassing, nearshore sediment berms, and planting of vegetation shall be preferred instead of structural erosion response methods.(15) Major residential and recreational waterfront facilities shall to the greatest extent practicable accommodate public access to coastal waters and preserve the public's ability to enjoy the natural aesthetic values of coastal submerged lands.(16) Activities on submerged land shall avoid and otherwise minimize any significant interference with the public's use of and access to such lands.(17) Erosion of Gulf beaches and coastal shore areas caused by construction or modification of jetties, breakwaters, groins, or shore stabilization projects shall be mitigated to the extent the costs of mitigation are reasonably proportionate to the benefits of mitigation. Factors that shall be considered in determining whether the costs of mitigation are reasonably proportionate to the cost of the construction or modification and benefits include, but are not limited to, environmental benefits, recreational benefits, flood or storm protection benefits, erosion prevention benefits, and economic development benefits.(b) To the extent applicable to the public beach, the policies in this section are supplemental to any further restrictions or requirements relating to the beach access and use rights of the public.(c) The GLO and the SLB, in governing development on state submerged lands, shall comply with the policies in this section when approving oil, gas, and other mineral lease plans of operation and granting surface leases, easements, and permits and adopting rules under the Texas Natural Resources Code, Chapters 32, 33 and 51 - 53, and Texas Water Code, Chapter 61. Source Note: The provisions of this §26.24 adopted to be effective October 6, 2004, 29 TexReg 9407; transferred effective December 1, 2022, as published in the Texas Register October 28, 2022, 47 TexReg 7301; amended to be effective July 10, 2023, 48 TexReg 3671. 1 GENERAL LAND OFFICE 26 COASTAL MANAGEMENT PROGRAM B GOALS AND POLICIES §26.24 Policies for Construction of Waterfront Facilities and Other Structures on Submerged Lands https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214166&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214166 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214166&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214166 03/11/2026 (a) Dredging and the disposal and placement of dredged material shall avoid and otherwise minimize adverse effects to coastal waters, submerged lands, critical areas, coastal shore areas, and Gulf beaches to the greatest extent practicable. The policies of this section are supplemental to any further restrictions or requirements relating to the beach access and use rights of the public. In implementing this section, cumulative and secondary adverse effects of dredging and the disposal and placement of dredged material and the unique characteristics of affected sites shall be considered.(1) Dredging and dredged material disposal and placement shall not cause or contribute, after consideration of dilution and dispersion, to violation of any applicable surface water quality standards established under §26.21 of this title (relating to Policies for Discharge of Municipal and Industrial Wastewater to Coastal Waters).(2) Except as otherwise provided in paragraph (4) of this subsection, adverse effects on critical areas from dredging and dredged material disposal or placement shall be avoided and otherwise minimized, and appropriate and practicable compensatory mitigation shall be required, in accordance with §26.23 of this title (relating to Policies for Development in Critical Areas).(3) Except as provided in paragraph (4) of this subsection, dredging and the disposal and placement of dredged material shall not be authorized if:(A) there is a practicable alternative that would have fewer adverse effects on coastal waters, submerged lands, critical areas, coastal shore areas, and Gulf beaches, so long as that alternative does not have other significant adverse effects;(B) all appropriate and practicable steps have not been taken to minimize adverse effects on coastal waters, submerged lands, critical areas, coastal shore areas, and Gulf beaches; or(C) significant degradation of critical areas under §26.23(a)(7)(E) of this title would result.(4) A dredging or dredged material disposal or placement project that would be prohibited solely by application of paragraph (3) of this subsection may be allowed if it is determined to be of overriding importance to the public and national interest in light of economic impacts on navigation and maintenance of commercially navigable waterways.(b) Adverse effects from dredging and dredged material disposal and placement shall be minimized as required in subsection (a) of this section. Adverse effects can be minimized by employing the techniques in this subsection where appropriate and practicable.(1) Adverse effects from dredging and dredged material disposal and placement can be minimized by controlling the location and dimensions of the activity. Some of the ways to accomplish this include:(A) locating and confining discharges to minimize smothering of organisms;(B) locating and designing projects to avoid adverse disruption of water inundation patterns, water circulation, erosion and accretion processes, and other hydrodynamic processes;(C) using existing or natural channels and basins instead of dredging new channels or basins, and discharging materials in areas that have been previously disturbed or used for disposal or placement of dredged material;(D) limiting the dimensions of channels, basins, and disposal and placement sites to the minimum reasonably required to serve the project purpose, including allowing for reasonable overdredging of channels and basins, and taking into account the need for capacity to accommodate future expansion without causing additional adverse effects;(E) discharging materials at sites where the substrate is composed of material similar to that being discharged;(F) locating and designing discharges to minimize the extent of any plume and otherwise control dispersion of material; and(G) avoiding the impoundment or drainage of critical areas.(2) Dredging and disposal and placement of material to be dredged shall comply with applicable standards for sediment toxicity. Adverse effects from constituents contained in materials discharged can be minimized by treatment of or limitations on the material itself. Some ways to accomplish this include:(A) disposal or placement of dredged material in a manner that maintains physiochemical conditions at discharge sites and limits or reduces the potency and availability of pollutants;(B) limiting the solid, liquid, and gaseous components of material discharged;(C) adding treatment substances to the discharged material; and(D) adding chemical flocculants to enhance the deposition of suspended particulates in confined disposal areas.(3) Adverse effects from dredging and dredged material disposal or placement can be minimized through control of the materials discharged. Some ways of accomplishing this include:(A) use of containment levees and sediment basins designed, constructed, and maintained to resist breaches, erosion, slumping, or leaching;(B) use of lined containment areas to reduce leaching where leaching of chemical constituents from the material is expected to be a problem;(C) capping in-place contaminated material or, selectively discharging the most contaminated material first and then capping it with the remaining material;(D) properly containing discharged material and maintaining discharge sites to prevent point and nonpoint pollution; and(E) timing the discharge to minimize adverse effects from unusually high water flows, wind, wave, and tidal actions.(4) Adverse effects from dredging and dredged material disposal or placement can be minimized by controlling the manner in which material is dispersed. Some ways of accomplishing this include:(A) where environmentally desirable, distributing the material in a thin layer;(B) orienting material to minimize undesirable obstruction of the water current or circulation patterns;(C) using silt screens or other appropriate methods to confine suspended particulates or turbidity to a small area where settling or removal can occur;(D) using currents and circulation patterns to mix, disperse, dilute, or otherwise control the discharge;(E) minimizing turbidity by using a diffuser system or releasing material near the bottom;(F) selecting sites or managing discharges to confine and minimize the release of suspended particulates and turbidity and maintain light penetration for organisms; and(G) setting limits on the amount of material to be discharged per unit of time or volume of receiving waters.(5) Adverse effects from dredging and dredged material disposal or placement operations can be minimized by adapting technology to the needs of each site. Some ways of accomplishing this include:(A) using appropriate equipment, machinery, and operating techniques for access to sites and transport of material, including those designed to reduce damage to critical areas;(B) having personnel on site adequately trained in avoidance and minimization techniques and requirements; and(C) designing temporary and permanent access roads and channel spanning structures using culverts, open channels, and diversions that will pass both low and high water flows, accommodate fluctuating water levels, and maintain circulation and faunal movement.(6) Adverse effects on plant and animal populations from dredging and dredged material disposal or placement can be minimized by:(A) avoiding changes in water current and circulation patterns that would interfere with the movement of animals;(B) selecting sites or managing discharges to prevent or avoid creating habitat conducive to the development of undesirable predators or species that have a competitive edge ecologically over indigenous plants or animals;(C) avoiding sites having unique habitat or other value, including habitat of endangered species;(D) using planning and construction practices to institute habitat development and restoration to produce a new or modified environmental state of higher ecological value by displacement of some or all of the existing environmental characteristics;(E) using techniques that have been demonstrated to be effective in circumstances similar to those under consideration whenever possible and, when proposed development and restoration techniques have not yet advanced to the pilot demonstration stage, initiating their use on a small scale to allow corrective action if unanticipated adverse effects occur;(F) timing dredging and dredged material disposal or placement activities to avoid spawning or migration seasons and other biologically critical time periods; and(G) avoiding the destruction of remnant natural sites within areas already affected by development.(7) Adverse effects on human use potential from dredging and dredged material disposal or placement can be minimized by:(A) selecting sites and following procedures to prevent or minimize any potential damage to the aesthetically pleasing features of the site, particularly with respect to water quality;(B) selecting sites which are not valuable as natural aquatic areas;(C) timing dredging and dredged material disposal or placement activities to avoid the seasons or periods when human recreational activity associated with the site is most important; and(D) selecting sites that will not increase incompatible human activity or require frequent dredge or fill maintenance activity in remote fish and wildlife areas.(8) Adverse effects from new channels and basins can be minimized by locating them at sites:(A) that ensure adequate flushing and avoid stagnant pockets; or(B) that will create the fewest practicable adverse effects on CNRAs from additional infrastructure such as roads, bridges, causeways, piers, docks, wharves, transmission line crossings, and ancillary channels reasonably likely to be constructed as a result of the project; or(C) with the least practicable risk that increased vessel traffic could result in navigation hazards, spills, or other forms of contamination which could adversely affect CNRAs;(D) provided that, for any dredging of new channels or basins subject to the requirements of §26.15 of this title (relating to Policy for Major Actions), data and information on minimization of secondary adverse effects need not be produced or evaluated to comply with this paragraph if such data and information is produced and evaluated in compliance with §26.15(b)(1) of this title.(c) Disposal or placement of dredged material in existing contained dredge disposal sites identified and actively used as described in an environmental assessment or environmental impact statement issued prior to the effective date of this chapter shall be presumed to comply with the requirements of subsection (a) of this section unless modified in design, size, use, or function.(d) Dredged material from dredging projects in commercially navigable waterways is a potentially reusable resource and must be used beneficially in accordance with this policy.(1) If the costs of the beneficial use of dredged material are reasonably comparable to the costs of disposal in a non-beneficial manner, the material shall be used beneficially.(2) If the costs of the beneficial use of dredged material are significantly greater than the costs of disposal in a non-beneficial manner, the material shall be used beneficially unless it is demonstrated that the costs of using the material beneficially are not reasonably proportionate to the costs of the project and benefits that will result. Factors that shall be considered in determining whether the costs of the beneficial use are not reasonably proportionate to the benefits include, but are not limited to:(A) environmental benefits, recreational benefits, flood or storm protection benefits, erosion prevention benefits, and economic development benefits;(B) the proximity of the beneficial use site to the dredge site; and(C) the quantity and quality of the dredged material and its suitability for beneficial use.(3) Examples of the beneficial use of dredged material include, but are not limited to:(A) projects designed to reduce or minimize erosion or provide shoreline protection;(B) projects designed to create or enhance public beaches or recreational areas;(C) projects designed to benefit the sediment budget or littoral system;(D) projects designed to improve or maintain terrestrial or aquatic wildlife habitat;(E) projects designed to create new terrestrial or aquatic wildlife habitat, including the construction of marshlands, coastal wetlands, or other critical areas;(F) projects designed and demonstrated to benefit benthic communities or aquatic vegetation;(G) projects designed to create wildlife management areas, parks, airports, or other public facilities;(H) projects designed to cap landfills or other water disposal areas;(I) projects designed to fill private property or upgrade agricultural land, if cost-effective public beneficial uses are not available; and(J) projects designed to remediate past adverse impacts on the coastal zone.(e) If dredged material cannot be used beneficially as provided in subsection (d)(2) of this section, to avoid and otherwise minimize adverse effects as required in subsection (a) of this section, preference will be given to the greatest extent practicable to disposal in:(1) contained upland sites;(2) other contained sites; and(3) open water areas of relatively low productivity or low biological value.(f) For new sites, dredged materials shall not be disposed of or placed directly on the boundaries of submerged lands or at such location so as to slump or migrate across the boundaries of submerged lands in the absence of an agreement between the affected public owner and the adjoining private owner or owners that defines the location of the boundary or boundaries affected by the deposition of the dredged material.(g) Emergency dredging shall be allowed without a prior consistency determination as required in the applicable consistency rule when:(1) there is an unacceptable hazard to life or navigation;(2) there is an immediate threat of significant loss of property; or(3) an immediate and unforeseen significant economic hardship is likely if corrective action is not taken within a time period less than the normal time needed under standard procedures. The CMP coordinator shall be notified at least 24 hours prior to commencement of any emergency dredging operation by the agency or entity responding to the emergency. The notice shall include a statement demonstrating the need for emergency action. Prior to initiation of the dredging operations the project sponsor or permit-issuing agency shall, if possible, make all reasonable efforts to meet with the CMP coordinator to ensure consideration of and consistency with applicable policies in this subchapter. Compliance with all applicable policies in this subchapter shall be required at the earliest possible date. The permit-issuing agency and the applicant shall submit a consistency determination within 60 days after the emergency operation is complete.(h) Mining of sand, shell, marl, gravel, and mudshell on submerged lands shall be prohibited unless there is an affirmative showing of no significant impact on erosion within the coastal zone and no significant adverse effect on coastal water quality or terrestrial and aquatic wildlife habitat within any CNRA.(i) The GLO and the SLB shall comply with the policies in this section when approving oil, gas, and other mineral lease plans of operation and granting surface leases, easements, and permits and adopting rules under the Texas Natural Resources Code, Chapters 32, 33, and 51 - 53, and Texas Water Code, Chapter 61, for dredging and dredged material disposal and placement. TxDOT shall comply with the policies in this subchapter when adopting rules and taking actions as local sponsor of the Gulf Intracoastal Waterway under Texas Transportation Code, Chapter 51. The TCEQ and the RRC shall comply with the policies in this section when issuing certifications and adopting rules under Texas Water Code, Chapter 26, and the Texas Natural Resources Code, Chapter 91, governing certification of compliance with surface water quality standards for federal actions and permits authorizing dredging or the discharge or placement of dredged material. The TPWD shall comply with the policies in this section when adopting rules at Chapter 57 of this title (relating to Fisheries) governing dredging and dredged material disposal and placement. The TPWD shall comply with the policies in subsection (h) of this section when adopting rules and issuing permits under Texas Parks and Wildlife Code, Chapter 86, governing the mining of sand, shell, marl, gravel, and mudshell.(j) To the extent practicable, agencies and subdivisions should maximize the use of collaborative partnerships between federal and non-federal interests to plan, fund, and implement projects for the beneficial use of dredged material, and should further endeavor to coordinate such projects with the U.S. Army Corps of Engineers.(k) Notwithstanding the requirements of this policy, all projects for the beneficial use of dredged material proposed under the Coastal Erosion Planning and Response Act (CEPRA), Texas Natural Resources Code, Chapter 33, Subchapter H, shall comply with Chapter 15 of this title and all other statutory and regulatory requirements applicable to CEPRA projects. Source Note: The provisions of this §26.25 adopted to be effective October 6, 2004, 29 TexReg 9407; amended to be effective October 29, 2006, 31 TexReg 8840; amended to be effective October 7, 2018, 43 TexReg 6449; transferred effective December 1, 2022, as published in the Texas Register October 28, 2022, 47 TexReg 7301; amended to be effective July 10, 2023, 48 TexReg 3671. 1 GENERAL LAND OFFICE 26 COASTAL MANAGEMENT PROGRAM B GOALS AND POLICIES §26.25 Policies for Dredging and Dredged Material and Placement https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210639&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210639 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210639&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210639 03/11/2026 (a) Construction in critical dune areas or areas adjacent to or on Gulf beaches shall comply with the following policies: (1) Construction within a critical dune area that results in the material weakening of dunes and material damage to dune vegetation shall be prohibited. (2) Construction within critical dune areas that does not materially weaken dunes or materially damage dune vegetation shall be sited, designed, constructed, maintained, and operated so that adverse "effects" (as defined in §15.2 of this title (relating to Coastal Area Planning) on the sediment budget and critical dune areas are avoided to the greatest extent practicable. For purposes of this section, practicability shall be determined by considering the effectiveness, scientific feasibility, and commercial availability of the technology or technique. Cost of the technology or technique shall also be considered. Adverse effects (as defined in Chapter 15 of this title (relating to Coastal Area Planning) that cannot be avoided shall be: (A) minimized by limiting the degree or magnitude of the activity and its implementation; (B) rectified by repairing, rehabilitating, or restoring the adversely affected dunes and dune vegetation; and (C) compensated for on-site or off-site by replacing the resources lost or damaged seaward of the dune protection line. (3) Mitigation and compensation for adverse effects that cannot be avoided or minimized shall provide at least a one-to-one replacement of the dune volume and vegetative cover, and preference shall be given to stabilization of blowouts and breaches and on-site compensation. (4) The ability of the public, individually and collectively, to exercise its rights of use of and access to and from public beaches shall be preserved and enhanced. (5) Non-structural erosion response methods such as beach nourishment, sediment bypassing, nearshore sediment berms, and planting of vegetation shall be preferred instead of structural erosion response methods. Subdivisions shall not authorize the construction of a new erosion response structure within the beach/dune system, except as provided by subsection (b) of this section or a retaining wall located more than 200 feet landward of the line of vegetation. Subdivisions shall not authorize the enlargement, improvement, repair or maintenance of existing erosion response structures on the public beach. Subdivisions shall not authorize the repair or maintenance of existing erosion response structures within 200 feet landward of the line of vegetation except as provided in §15.6(d) of this title (relating to Concurrent Dune Protection and Beachfront Construction Standards). (b) Construction of structural shore protection projects, including geotextile shore protection projects, in critical dune areas or areas adjacent to or on Gulf Beaches shall comply with the following policies: (1) The size and the length of a shore protection project shall be determined as part of a site-specific construction and maintenance plan, taking into account both technical requirements and policy issues as described under this subsection, and shall be limited to the minimum size necessary to fulfill the project's goals and purposes. (2) A shore protection project shall only be used to protect community developments, public infrastructure, and for other lawful public purposes and shall not be used solely to protect individual structures or properties. A community development may include a neighborhood or aggregation of residences or commercial structures. (3) A shore protection project located parallel to the shore shall be located landward of the boundary of state-owned submerged land as determined by a coastal boundary survey conducted in accordance with Texas Natural Resources Code §33.136, and shall avoid and otherwise minimize adverse effects to dunes and dune vegetation. (4) To maximize the protection offered by a shore protection project, to enhance the survivability of the project, and to minimize adverse effects to natural resources, a shore protection project shall be located according to the following preferred order: (A) In an area where a foredune ridge is present, where practicable, a shore protection project shall be located landward of the foredune ridge; (B) Where there is no foredune ridge, a project shall be located landward of the line of vegetation, where practicable; (C) Where it is not practicable to locate a shore protection project landward of the line of vegetation, a project shall be located at the line of vegetation; or (D) Where there is no other practicable location, a shore protection project shall be located at the most landward point of the public beach provided that the project sponsor has provided financial assurance that the pre-project beach width will be maintained through beach nourishment. (5) A shore protection project shall not adversely affect sea turtle nesting areas or an endangered species. (6) Shore protection projects shall not be constructed on stable or accreting beaches. (7) A shore protection project shall be designed to avoid and otherwise minimize any adverse effects to adjacent beaches or properties at either end of a project. (8) To the extent allowed by law, a dune protection permit is required to authorize the construction of a shore protection project in the beach/dune system. (9) A mitigation plan shall be submitted for any adverse effects to critical dune areas as a result of the construction and presence of a shore protection project.(10) Public input shall be incorporated into a local government's review and approval of a shore protection project. Methods to obtain public input include public meetings, notices by mail to affected property owners, publication of notices in local newspapers, the Texas Register, and web sites. (11) The success criteria for a shore protection project shall be developed by a project sponsor with consideration for the health and maintenance of the beach/dune system. (12) The sponsor of a shore protection project shall be responsible for the ongoing maintenance of the project and, if necessary, beach nourishment and/or removal of the project. (13) Sand from the beach/dune system shall not be used to fill or cover a shore protection project. Where appropriate, a shore protection project shall remain covered with sand and dune vegetation with a preference for natural dune vegetation. The sand and vegetation used to cover a shore protection project shall conform to the standards for dune restoration projects as described in §15.4 (relating to Dune Protection Standards) and §15.7, (relating to Local Government Management of the Public Beach) of this title. (14) Long-term monitoring of a shore protection project shall be required to determine the project's effect on the beach/dune system and the project's effectiveness. Prior to the construction of a shore protection project, a project sponsor shall collect scientifically valid baseline data for monitoring the line of vegetation, the extent of the dry beach, a beach profile, and any other characteristics necessary for evaluating the project's effectiveness. (15) Existing public access in the area of a shore protection project shall be replicated if not enhanced. A local government shall not impair or close an existing public access point or close a public beach to pedestrian or vehicular traffic without prior approval of the GLO as required under the Open Beaches Act, Texas Natural Resource Code Annotated, Chapter 61, and the Beach/Dune rules, Chapter 15 of this title. (c) The GLO shall comply with the policies in this section when certifying local government dune protection and beach access plans and adopting rules under the Texas Natural Resources Code, Chapters 61 and 63. Local governments required by the Texas Natural Resources Code, Chapters 61 and 63, and Chapter 15 of this title (relating to Coastal Area Planning) to adopt dune protection and beach access plans shall comply with the applicable policies in this section when issuing beachfront construction certificates and dune protection permits. Source Note: The provisions of this §26.26 adopted to be effective October 6, 2004, 29 TexReg 9407; amended to be effective May 11, 2005, 30 TexReg 2682; amended to be effective October 7, 2018, 43 TexReg 6449; transferred effective December 1, 2022, as published in the Texas Register October 28, 2022, 47 TexReg 7301. 1 GENERAL LAND OFFICE 26 COASTAL MANAGEMENT PROGRAM B GOALS AND POLICIES §26.26 Policies for Construction in the Beach/Dune System https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210640&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210640 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210640&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210640 03/11/2026 (a) Subdivisions participating in the National Flood Insurance Program shall adopt ordinances or orders governing development in special hazard areas under Texas Water Code, Chapter 16, Subchapter I, and Texas Local Government Code, Chapter 240, Subchapter Z, that comply with construction standards in regulations at Code of Federal Regulations, Title 44, Parts 59 - 60, adopted pursuant to the National Flood Insurance Act, 42 United States Code Annotated, §§4001 et seq.(b) Pursuant to the standards and procedures under the Texas Natural Resources Code, Chapter 33, Subchapter H, the GLO shall adopt or issue rules, recommendations, standards, and guidelines for erosion avoidance and remediation and for prioritizing critical erosion areas. Source Note: The provisions of this §26.27 adopted to be effective October 6, 2004, 29 TexReg 9407; transferred effective December 1, 2022, as published in the Texas Register October 28, 2022, 47 TexReg 7301. 1 GENERAL LAND OFFICE 26 COASTAL MANAGEMENT PROGRAM B GOALS AND POLICIES §26.27 Policies for Development in Coastal Hazard Areas https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210641&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210641 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210641&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210641 03/11/2026 (a) Development of new infrastructure or major repair of existing infrastructure within or supporting development within Coastal Barrier Resource System Units and Otherwise Protected Areas designated on maps dated October 24, 1990, as those maps may be modified, revised, or corrected, under the Coastal Barrier Resources Act, 16 United States Code Annotated, §3503(a), shall comply with the policies in this section.(1) Development of publicly funded infrastructure shall be authorized only if it is essential for public health, safety, and welfare, enhances public use, or is required by law.(2) Infrastructure shall be located at sites at which reasonably foreseeable future expansion will not require development in critical areas, critical dunes, Gulf beaches, and washover areas within Coastal Barrier Resource System Units or Otherwise Protected Areas.(3) Infrastructure shall be located at sites that to the greatest extent practicable avoid and otherwise minimize the potential for adverse effects on critical areas, critical dunes, Gulf beaches, and washover areas within Coastal Barrier Resource System Units or Otherwise Protected Areas from:(A) construction and maintenance of roads, bridges, and causeways; and(B) direct release to coastal waters, critical areas, critical dunes, Gulf beaches, and washover areas within Coastal Barrier Resource System Units or Otherwise Protected Areas of oil, hazardous substances, or stormwater runoff.(4) Where practicable, infrastructure shall be located in existing rights-of-way or previously disturbed areas to avoid or minimize adverse effects within Coastal Barrier Resource System Units or Otherwise Protected Areas.(5) Development of infrastructure shall occur at sites and times selected to have the least adverse effects practicable within Coastal Barrier Resource System Units or Otherwise Protected Areas on critical areas, critical dunes, Gulf beaches, and washover areas and on spawning or nesting areas or seasonal migrations of commercial, recreational, threatened, or endangered terrestrial or aquatic wildlife.(b) TCEQ rules and approvals for the creation of special districts and for infrastructure projects funded by issuance of bonds by water, sanitary sewer, and wastewater drainage districts under Texas Water Code, Chapters 49, 50, and 59; water control and improvement districts under Texas Water Code, Chapter 50; municipal utility districts under Texas Water Code, Chapter 54; regional plan implementation agencies under Texas Water Code, Chapter 54; special utility districts under Texas Water Code, Chapter 65; stormwater control districts under Texas Water Code, Chapter 66; and all other general and special law districts subject to and within the jurisdiction of the TCEQ, shall comply with the policies in this section. TxDOT rules and approvals under Texas Transportation Code Chapter 201, et seq., governing planning, design, construction, and maintenance of transportation projects, shall comply with the policies in this section. Source Note: The provisions of this §26.28 adopted to be effective October 6, 2004, 29 TexReg 9407; amended to be effective October 29, 2006, 31 TexReg 8840; transferred effective December 1, 2022, as published in the Texas Register October 28, 2022, 47 TexReg 7301. 1 GENERAL LAND OFFICE 26 COASTAL MANAGEMENT PROGRAM B GOALS AND POLICIES §26.28 Policies for Development Within Coastal Barrier Resource System Units and Otherwise Protected Areas on Coastal Barriers https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210642&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210642 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210642&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210642 03/11/2026 Development by a person other than the Parks and Wildlife Department that requires the use or taking of any public land in such areas shall comply with Texas Parks and Wildlife Code, Chapter 26. Source Note: The provisions of this §26.29 adopted to be effective October 6, 2004, 29 TexReg 9407; transferred effective December 1, 2022, as published in the Texas Register October 28, 2022, 47 TexReg 7301. 1 GENERAL LAND OFFICE 26 COASTAL MANAGEMENT PROGRAM B GOALS AND POLICIES §26.29 Policies for Development in State Parks, Wildlife Management Areas or Preserves https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210643&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210643 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210643&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210643 03/11/2026 (a) Development affecting a coastal historic area shall avoid and otherwise minimize alteration or disturbance of the site unless the site's excavation will promote historical, archaeological, educational, or scientific understanding.(b) The THC shall comply with the policies in this section when adopting rules and issuing permits under the Texas Natural Resources Code, Chapter 191, governing alteration of coastal historic areas. The THC shall comply with the policies in this section when issuing reviews under the National Historic Preservation Act, §106 (16 United States Code Annotated, §470f), and the regulations enacted pursuant thereto, Code of Federal Regulations, Title 36, Chapter 1, Part 63. Source Note: The provisions of this §26.30 adopted to be effective October 6, 2004, 29 TexReg 9407; transferred effective December 1, 2022, as published in the Texas Register October 28, 2022, 47 TexReg 7301. 1 GENERAL LAND OFFICE 26 COASTAL MANAGEMENT PROGRAM B GOALS AND POLICIES §26.30 Policies for Alteration of Coastal Historic Areas https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214167&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214167 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214167&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214167 03/11/2026 (a) Transportation construction projects and maintenance programs within the coastal zone shall comply with the policies in this section.(1) Pollution prevention procedures shall be incorporated into the construction and maintenance of transportation projects to minimize pollutant loading to coastal waters from erosion and sedimentation, use of pesticides and herbicides for maintenance of rights-of-way, and other pollutants from stormwater runoff.(2) Transportation projects shall be located at sites that to the greatest extent practicable avoid and otherwise minimize the potential for adverse effects from construction and maintenance of additional roads, bridges, causeways, and other development associated with the project; and direct release to CNRAs of pollutants from oil or hazardous substance spills, contaminated sediments or stormwater runoff.(3) Where practicable, transportation projects shall be located in existing rights-of-way or previously disturbed areas if necessary to avoid or minimize adverse effects.(4) Where practicable, transportation projects shall be located at sites at which future expansion will not require development in coastal wetlands except where such construction is determined to be essential for evacuation in the case of a natural disaster.(5) Construction and maintenance of transportation projects shall avoid the impoundment and draining of coastal wetlands. If impoundment or draining cannot be avoided, adverse effects to the impounded or drained wetlands shall be mitigated in accordance with the sequencing requirements of §26.23 of this title (relating to Policies for Development in Critical Areas).(6) Construction of transportation projects shall occur at sites and times selected to have the least adverse effects practicable on recreational uses of CNRAs and on spawning or nesting seasons or seasonal migrations of terrestrial or aquatic species.(7) Beach-quality sand from maintenance of roadways adjacent to Gulf beaches shall be beneficially used by placement on Gulf beaches where practicable. Where placement on Gulf beaches is not practicable, the material shall be placed in critical dune areas.(b) TxDOT rules and project approvals under Texas Transportation Code §§455.001 - 455.004; 456.001 - 456.008; 456.021 - 456.026; and 456.042 and Texas Transportation Code §221.001, et seq. governing transportation projects within the coastal zone, shall comply with the policies in this section. Source Note: The provisions of this §26.31 adopted to be effective October 6, 2004, 29 TexReg 9407; amended to be effective October 29, 2006, 31 TexReg 8840; transferred effective December 1, 2022, as published in the Texas Register October 28, 2022, 47 TexReg 7301; amended to be effective July 10, 2023, 48 TexReg 3671. 1 GENERAL LAND OFFICE 26 COASTAL MANAGEMENT PROGRAM B GOALS AND POLICIES §26.31 Policies for Transportation Projects https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210645&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210645 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210645&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210645 03/11/2026 TCEQ rules under Texas Health and Safety Code, Chapter 382, governing emissions of air pollutants, shall comply with regulations at Code of Federal Regulations, Title 40, adopted pursuant to the Clean Air Act, 42 United States Code Annotated, §§7401, et seq, to protect and enhance air quality in the coastal area so as to protect CNRAs and promote the public health, safety, and welfare. Source Note: The provisions of this §26.32 adopted to be effective October 6, 2004, 29 TexReg 9407; transferred effective December 1, 2022, as published in the Texas Register October 28, 2022, 47 TexReg 7301. 1 GENERAL LAND OFFICE 26 COASTAL MANAGEMENT PROGRAM B GOALS AND POLICIES §26.32 Policies for Emission of Air Pollutants https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210646&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210646 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210646&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210646 03/11/2026 (a) Impoundments and diversion of state water within 200 stream miles of the coast, to commence from the mouth of the river thence inland, shall comply with the policies in this section.(1) The TCEQ shall administer the law so as to promote the judicious use and maximum conservation and protection of the quality of the environment and the natural resources of the state. It is the public policy of the state to provide for the conservation and development of the state's natural resources, including:(A) the control, storage, preservation, and distribution of the state's storm and floodwaters and the waters of its rivers and streams for irrigation, power, and other useful purposes;(B) the reclamation and irrigation of the state's arid, semiarid, and other land needing irrigation;(C) the reclamation and drainage of the state's overflowed land and other land needing drainage;(D) the conservation and development of its forest, water, and hydroelectric power;(E) the navigation of the state's inland and coastal waters; and(F) the maintenance of a proper ecological environment of the bays and estuaries of Texas and the health of related living marine resources.(2) In this section, "beneficial inflows" means a salinity, nutrient, and sediment loading regime adequate to maintain an ecologically sound environment in the receiving bay and estuary system that is necessary for the maintenance of productivity of economically important and ecologically characteristic sport or commercial fish and shellfish species and estuarine life upon which such fish and shellfish are dependent.(3) In its consideration of an application for a permit to store, take, or divert water, the TCEQ shall assess the effects, if any, of the issuance of the permit on the bays and estuaries of Texas. For permits issued within an area that is 200 river miles of the coast, to commence from the mouth of the river thence inland, the TCEQ shall include in the permit, to the greatest extent practicable when considering all public interests, those conditions considered necessary to maintain beneficial inflows to any affected bay and estuary system.(4) For the purposes of making a determination under paragraph (3) of this subsection, the TCEQ shall consider among other factors:(A) the need for periodic freshwater inflows to supply nutrients and modify salinity to preserve the sound environment of the bay or estuary, using any available information, including studies and plans specified in and other studies considered by the TCEQ to be reliable; together with existing circumstances, natural or otherwise, that might prevent the conditions imposed from producing benefits;(B) the ecology and productivity of the affected bay and estuary system;(C) the expected effects on the public welfare of not including in the permit some or all of the conditions considered necessary to maintain the beneficial inflows to the affected bay or estuary;(D) the quantity of water requested and the proposed use of water by the applicant, as well as the needs of those who would be served by the applicant;(E) the expected effects on the public welfare of the failure to issue all or part of the permit being considered; and(F) for the purposes of this section, the declarations as to preferences for competing uses of water as found in Texas Water Code, §11.024 and §11.033, as well as the public policy statement in paragraph (1) of this subsection.(5) In its consideration of an application to store, take, or divert water, the TCEQ shall consider the effect, if any, of the issuance of the permit on existing instream uses and water quality of the stream or river to which the application applies. The TCEQ shall also consider the effect, if any, of the issuance of the permit on fish and wildlife habitats.(6) On receipt of an application for a permit to store, take, or divert water, the TCEQ shall send a copy of the permit application and any subsequent amendments to the TPWD. In making a final decision on any application for a permit, the TCEQ, in addition to other information, evidence, and testimony presented, shall consider all information, evidence, or testimony presented by the TPWD and the TWDB.(7) Permit conditions relating to beneficial inflows to affected bays and estuaries and instream uses may be suspended by the TCEQ if the TCEQ finds that an emergency exists and cannot practically be resolved in other ways. Before the TCEQ suspends a permit under this paragraph, it must give written notice to the TPWD of the proposed suspension. The TCEQ shall give the TPWD an opportunity to submit comments on the proposed suspension within 72 hours from such time and the TCEQ shall consider those comments before issuing its order imposing the suspension.(8) In its consideration of an application for a permit under this section, the TCEQ shall assess the effects, if any, of the issuance of the permit on water quality in coastal waters. In its consideration of an application for a permit to store, take, or divert water in excess of 5,000 acre feet per year, the TCEQ shall assess the effects, if any, on the issuance of the permit on fish and wildlife habitats and may require the applicant to take reasonable actions to mitigate adverse effects on such habitat. In determining whether to require an applicant to mitigate adverse effects on a habitat, the TCEQ may consider any net benefit to habitat produced by the project. The TCEQ shall offset against any mitigation required by the United States Fish and Wildlife Service pursuant to Code of Federal Regulations, Title 33, §§320 - 330, any mitigation authorized by this subchapter.(9) Unappropriated water and other water of the state stored in any facility acquired by and under the control of the TWDB may be released without charge to relieve any emergency condition arising from drought, severe water shortage, or other calamity, if the TCEQ first determines the existence of the emergency and requests the TWDB to release the water.(10) Five percent of the annual firm yield of water in any reservoir and associated works constructed with state financial participation within 200 river miles of the coast, to commence from the mouth of the river thence inland, is appropriated to the TPWD for use to make releases to bays and estuaries and for instream uses, and the TCEQ shall issue permits for this water to the TPWD under procedures adopted by the TCEQ. This paragraph applies only to reservoirs and associated works on which construction begins on or after September 1, 1985. This section does not limit or repeal any other authority of or law relating to the TPWD or the TCEQ.(11) The TWDB, in coordination with the TCEQ and TPWD, shall identify ways to assist in providing flows to meet instream needs, including protection of water quality, protection of terrestrial or aquatic wildlife habitat, and bay and estuary inflow needs, in the implementation of the Texas Water Bank, Texas Water Code, Chapter 15, Subchapter K. This may include, but not be limited to, the purchase by the TPWD and/or the TWDB of water rights deposited in the Texas Water Bank in order to provide for existing instream uses and beneficial inflows to bays and estuaries if funds are available and such purchase is not prohibited by law. The TCEQ shall facilitate the approval of any necessary permit amendments to achieve this purpose.(12) An applicant for a new or amended water right permit shall submit a water conservation plan in accordance with 30 TAC §295.9 (relating to Water Conservation and Drought Contingency Plans). The TCEQ shall consider the information contained in the water conservation plan in determining whether any feasible alternative to the proposed appropriation exists, whether the proposed amount to be appropriated as measured at the point of diversion is reasonable and necessary for the proposed use, the term and other conditions of the water right and to ensure that reasonable diligence will be used to avoid waste and achieve water conservation. Based upon its review, the TCEQ may deny or grant, in whole or in part, the requested appropriation.(b) The TCEQ rules and authorizations under Texas Water Code, Chapter 11, governing review and action on applications for new permits or amendments proposing changes to existing permits for diversions or impoundments of state water within 200 stream miles of the coast, and TCEQ rules and approvals governing creation of districts and issuance of district bonds for levee and flood control projects within the coastal zone, shall comply with the policies in this section. Source Note: The provisions of this §26.33 adopted to be effective October 6, 2004, 29 TexReg 9407; amended to be effective October 29, 2006, 31 TexReg 8840; transferred effective December 1, 2022, as published in the Texas Register October 28, 2022, 47 TexReg 7301. 1 GENERAL LAND OFFICE 26 COASTAL MANAGEMENT PROGRAM B GOALS AND POLICIES §26.33 Policies for Appropriations of Water https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214168&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214168 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214168&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214168 03/11/2026 (a) Drainage, reclamation, channelization, levee construction or modification, or flood- or floodwater-control infrastructure projects shall be designed, constructed, and maintained to avoid the impoundment and draining of coastal wetlands to the greatest extent practicable. If impoundment or draining of coastal wetlands cannot be avoided, adverse effects to the wetlands shall be mitigated in accordance with the sequencing requirements in §26.23 of this title (relating to Policies for Development in Critical Areas).(b) TCEQ rules and approvals for the levee construction, modification, drainage, reclamation, channelization, or flood- or floodwater-control projects, pursuant to the Texas Water Code, §16.236, shall comply with the policies in this section. Source Note: The provisions of this §26.34 adopted to be effective October 6, 2004, 29 TexReg 9407; transferred effective December 1, 2022, as published in the Texas Register October 28, 2022, 47 TexReg 7301; amended to be effective July 10, 2023, 48 TexReg 3671. 1 GENERAL LAND OFFICE 26 COASTAL MANAGEMENT PROGRAM B GOALS AND POLICIES §26.34 Policies for Levee and Flood Control Projects https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214173&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214173 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214173&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214173 03/11/2026 (a) General Description of the Coastal Management Program Boundary. The coastal management program boundary delineates the coastal zone. The inland part of the boundary is a modification of the coastal facility designation line, which is the line the State of Texas adopted under the Oil Spill Prevention and Response Act of 1991 (Texas Natural Resources Code, Chapter 40) to describe areas where oil spills are likely to enter coastal waters. Generally, the boundary encompasses the area within Texas lying seaward of the coastal facility designation line. It also includes coastal wetlands landward of the coastal facility designation line. The boundary includes areas within the following Texas counties: Cameron, Willacy, Kenedy, Kleberg, Nueces, San Patricio, Aransas, Refugio, Calhoun, Victoria, Jackson, Matagorda, Brazoria, Galveston, Harris, Chambers, Jefferson, and Orange. The seaward reach of the boundary extends into the Gulf of Mexico to the limit of state title and ownership under the Submerged Lands Management Act (43 United States Code, §§1301 et seq.), that is, three marine leagues. The following maps outline the coastal management program boundary. Attached Graphic(b) Particular Description of the Coastal Management Program Boundary. The boundary is more particularly described in terms of the inland boundary, the boundary with the State of Louisiana, the seaward boundary, the boundary with the Republic of Mexico, and the excluded federal lands.(1) The inland boundary. The inland boundary encompasses the following areas:(A) Roadway portion of boundary. The boundary begins at the International Toll Bridge in Brownsville, thence northward along U.S. Highway 77 to the junction of Paredes Lines Road (FM Road 1847) in Brownsville, thence northward along FM Road 1847 to the junction of FM Road 106 east of Rio Hondo, thence westward along FM Road 106 to the junction of FM Road 508 in Rio Hondo, thence northward along FM Road 508 to the junction of FM Road 1420, thence northward along FM Road 1420 to the junction of State Highway 186 east of Raymondville, thence westward along State Highway 186 to the junction of U.S. Highway 77 near Raymondville, thence northward along U.S. Highway 77 to the junction of FM Road 774 in Refugio, thence eastward along FM Road 774 to the junction of State Highway 35 south of Tivoli, thence northward along State Highway 35 to the junction of State Highway 185 between Bloomington and Seadrift, thence northwestward along State Highway 185 to the junction of FM Road 616 in Bloomington, thence northeastward along FM Road 616 to the junction of State Highway 35 east of Blessing, thence southward along the State Highway 35 to the junction of FM Road 521 north of Palacios, thence northeastward along FM Road 521 to the junction of State Highway 36 south of Brazoria, thence northward along State Highway 36 to the junction of State Highway 332 in Brazoria, thence eastward along State Highway 332 to the junction of FM Road 2004 in Lake Jackson, thence northeastward along FM Road 2004 to the junction of Interstate Highway 45 between Dickinson and La Marque, thence northwestward along Interstate Highway 45 to the junction of Interstate Highway 610 in Houston, thence east and northward along Interstate Highway 610 to the junction of Interstate Highway 10 in Houston, thence eastward along Interstate Highway 10 to the Louisiana State line.(B) Tidal portion of the boundary. The boundary runs at a distance of 100 yards inland from the mean high tide line along each of the following tidal river and stream segments from the points where they intersect the roadway boundary described in subparagraph (A) of this paragraph:(i) on the Arroyo Colorado, to a point 100 meters (110 yards) downstream of Cemetery Road south of Port Harlingen in Cameron County;(ii) on the Nueces River, to Calallen Dam 1.7 kilometers (1.1 miles) upstream of U.S. Highway 77 in Nueces/San Patricio County;(iii) on the Guadalupe River, to the Guadalupe-Blanco River Authority Salt Water Barrier 0.7 kilometers (0.4 mile) downstream of the confluence of the San Antonio River in Calhoun and Refugio Counties;(iv) on the Lavaca River, to a point 8.6 kilometers (5.3 miles) downstream of U.S. Highway 59 in Jackson County;(v) on the Navidad River, to Palmetto Bend Dam in Jackson County;(vi) on Tres Palacios Creek, to a point 0.6 kilometer (1.0 mile) upstream of the confluence of Wilson Creek in Matagorda County;(vii) on the Colorado River, to a point 2.1 kilometers (1.3 miles) downstream of the Missouri-Pacific Railroad in Matagorda County;(viii) on the San Bernard River, to a point 3.2 kilometers (2.0 miles) upstream of State Highway 35 in Brazoria County;(ix) on Chocolate Bayou, to a point 4.2 kilometers (2.6 miles) downstream of State Highway 35 in Brazoria County;(x) on Clear Creek, to a point 100 meters (110 yards) upstream of FM Road 528 in Galveston/Harris County;(xi) on Buffalo Bayou, to a point 400 meters (440 yards) upstream of Shepherd Drive in Harris County;(xii) on the San Jacinto River, to Lake Houston Dam in Harris County;(xiii) on Cedar Bayou, to a point 2.2 kilometers (1.4 miles) upstream of Interstate Highway 10 in Chambers/Harris County;(xiv) on the Trinity River, to the border between Chambers and Liberty Counties;(xv) on the Neches River, to a point 11.3 kilometers (7.0 miles) upstream of Interstate Highway 10 in Orange County; and(xvi) on the Sabine River, to Morgan Bluff in Orange County.(C) Wetlands portion of boundary. Except for the part of the boundary adjacent to the Trinity and Neches rivers, the boundary includes wetlands lying within one mile inland of the mean high tide lines of the tidal river and stream segments identified in subparagraph (B) of this paragraph.(i) Adjacent to the Trinity River, the boundary includes wetlands within the area located between the mean high tide line on the western shoreline of the river and Farm-to-Market Road 565 and Farm-to-Market Road 1409, and wetlands within the area located between the mean high tide line on the eastern shoreline of that portion of the river and Farm-to-Market Road 563.(ii) Adjacent to the Neches River, the boundary includes wetlands within one mile of the mean high tide line on the western shoreline of the river, and wetlands within the area located between the mean high tide line on the eastern shoreline of that portion of the river and Farm-to-Market Road 105.(2) The boundary with the State of Louisiana. The boundary with the State of Louisiana begins in Orange County at Morgans Bluff, the northernmost extent of tidal influence, along the adjudicated boundary between the State of Texas and the State of Louisiana, as established by the United States Supreme Court in Texas v. Louisiana, 410 U.S. 702 (1973); thence it continues in a southerly direction along the adjudicated boundary out into the Gulf of Mexico until it intersects the seaward boundary.(3) The seaward boundary. The seaward boundary is that line marking the seaward limit of Texas title and ownership under the Submerged Lands Act (43 United States Code, §1301 et seq.), as recognized by the United States Supreme Court in United States v. Louisiana et al., 364 U.S. 502 (1960).(4) The boundary with the Republic of Mexico. The boundary with the Republic of Mexico begins at a point three marine leagues into the Gulf of Mexico where the line marking the seaward limit of Texas title and ownership under the Submerged Lands Act (43 United States Code, §§1301 et seq.) intersects the international boundary between the United States and the Republic of Mexico, as established pursuant to the Treaty of Guadalupe-Hidalgo (February 2, 1848) between the United States and the Republic of Mexico; thence it continues in a westerly direction along the international border with the Republic of Mexico until it meets the International Toll Bridge in Brownsville.(5) The excluded federal lands. The excluded federal lands are those lands owned, leased, held in trust by, or whose use is otherwise by law subject solely to the discretion of the federal government, its officers or agents. Source Note: The provisions of this §27.1 adopted to be effective November 19, 1993, 18 TexReg 8221; amended to be effective December 27, 1994, 19 TexReg 9877; amended to be effective November 3, 1995, 20 TexReg 8661; amended to be effective December 15, 1997, 22 TexReg 12076; transferred effective December 1, 2022, as published in the Texas Register October 28, 2022, 47 TexReg 7301; amended to be effective July 10, 2023, 48 TexReg 3672. 1 GENERAL LAND OFFICE 27 COASTAL MANAGEMENT PROGRAM BOUNDARY §27.1 Coastal Management Program Boundary https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210654&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210654 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210654&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210654 03/11/2026 This chapter establishes the process by which an applicant may request and receive assistance with filing applications for permits or other proposed actions subject to the Texas Coastal Management Program (CMP). This chapter also establishes the process by which an applicant, agency, or subdivision proposing an activity subject to the CMP may request and receive a preliminary consistency review. Source Note: The provisions of this §28.1 adopted to be effective October 7, 2018, 43 TexReg 6450; transferred effective December 1, 2022, as published in the Texas Register October 28, 2022, 47 TexReg 7301. 1 GENERAL LAND OFFICE 28 PERMITTING ASSISTANCE AND PRELIMINARY CONSISTENCY REVIEW A GENERAL PROVISIONS §28.1 Purpose https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214174&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214174 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214174&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214174 03/11/2026 (a) The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Agency of subdivision--Any state agency, department, board, or commission or political subdivision of the state.(2) Applicant--An individual or small business. In addition, the term includes a city, county, or special district.(3) Coastal zone--The area within the CMP boundary established in §27.1 of this title.(4) Commissioner--Commissioner of the General Land Office (GLO).(5) Committee--Coastal Coordination Advisory Committee.(6) CMP goals and policies--The goals and policies set forth in Chapter 26 of this title.(7) Permitting assistance coordinator--The GLO staff member designated by the commissioner.(8) Permitting assistance group (PAG)--The group composed of representatives of committee member agencies and other interested committee members.(9) Permit service center (PSC)--The center that administers permitting assistance for activities in the coastal zone. The PSC has an office that serves the Upper Coast and an office that serves the Lower Coast.(10) Program boundary--The CMP boundary established in §27.1 of this title.(b) To the extent that reference is made to statutory or regulatory terms or phrases which are not defined in this chapter, such terms and phrases shall retain the meaning provided in the pertinent agency or political subdivision policies or regulations. Source Note: The provisions of this §28.2 adopted to be effective October 7, 2018, 43 TexReg 6450; transferred effective December 1, 2022, as published in the Texas Register October 28, 2022, 47 TexReg 7301; amended to be effective July 10, 2023, 48 TexReg 3674. 1 GENERAL LAND OFFICE 28 PERMITTING ASSISTANCE AND PRELIMINARY CONSISTENCY REVIEW A GENERAL PROVISIONS §28.2 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214175&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214175 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214175&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214175 03/11/2026 (a) Each committee member representing an agency shall appoint a representative to the permitting assistance group (PAG). Each agency's PAG representative is responsible for submitting the information that his or her agency is required to provide under these rules. Other interested committee members not representing agencies may serve or appoint a representative to the PAG.(b) The primary responsibility of the PAG is to conduct and coordinate preliminary consistency reviews. Preliminary consistency reviews are intended to create greater predictability in the permitting process by providing applicants with a non-binding, advisory set of preliminary recommendations and findings regarding a proposed action's likely consistency with goals and policies of the CMP.(c) The preliminary consistency review process does not supplant the regular permitting process. Because the purpose of this process is to foster predictability and not reach a final result, preliminary consistency reviews may produce statements that must be qualified because the information provided by the applicant is incomplete, the review time is shorter, or the matter warrant additional public comment.(d) The PAG may be convened to assist with the planning and development of regional general permits and general permits to support future beach management and nourishment, coastal restoration projects, and the continued development of the Coastal Management Program. Source Note: The provisions of this §28.3 adopted to be effective October 7, 2018, 43 TexReg 6450; transferred effective December 1, 2022, as published in the Texas Register October 28, 2022, 47 TexReg 7301; amended to be effective July 10, 2023, 48 TexReg 3674. 1 GENERAL LAND OFFICE 28 PERMITTING ASSISTANCE AND PRELIMINARY CONSISTENCY REVIEW A GENERAL PROVISIONS §28.3 Permitting Assistance Group https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214176&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214176 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214176&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214176 03/11/2026 (a) Permitting assistance is administered by the Permit Service Center (PSC). The purpose of the PSC is to serve as an outlet for basic permit information and provide applicants with permitting assistance for proposed activities in the coastal zone subject to the CMP.(b) Assistance will be provided to applicants for proposed activities in the coastal zone requiring either one or more agency or subdivision permits or proposed actions subject to the CMP. These permits and actions are listed in subsection (c) of this section. Under Texas Natural Resources Code §33.205(a) and (b), these permits and actions must comply with goals and policies of the CMP.(c) Agency or subdivision permits and actions:(1) The General Land Office, the School Land Board, or a board for lease of state-owned lands when issuing or approving:(A) a mineral lease plan of operations;(B) a geophysical or geochemical permit;(C) a coastal easement;(D) a miscellaneous easement;(E) a coastal lease;(F) a surface lease;(G) a structure registration;(H) a cabin permit;(I) a navigation district lease;(J) certification of a local government beach access or dune protection plan; or(K) an agency or subdivision wetlands mitigation bank.(2) The Public Utility Commission of Texas when issuing a certificate of convenience and necessity.(3) The Railroad Commission of Texas when issuing:(A) a wastewater discharge permit;(B) a waste disposal or storage pit permit; or(C) a certification of a federal permit for the discharge of dredge or fill material.(4) The Texas Transportation Commission when approving:(A) an acquisition of a site for the placement or disposal of dredge material from, or the expansion, relocation, or alteration of, the Gulf Intracoastal Waterway; or(B) a transportation construction project or maintenance program.(5) The Texas Historical Commission and the Antiquities Committee when issuing:(A) a permit for destruction, alteration, or taking of a coastal historic area; or(B) a review of a federal undertaking affecting a coastal historic area.(6) The Texas Commission on Environmental Quality when issuing or approving:(A) a wastewater discharge permit;(B) a permit for a new concentrated animal feeding operation located one mile or less from a critical area or coastal waters;(C) a permit for solid or hazardous waste treatment, storage, or disposal;(D) creation of a special purpose district or approval of bonds for the purpose of construction of infrastructure on coastal barriers;(E) levee improvement or flood control projects;(F) a certification of a federal permit for the discharge of dredge or fill material;(G) a declaration of an emergency and request for an emergency release of water;(H) a new permit for an annual appropriation of:(i) 5,000 or more acre-feet of water within the program boundary; or(ii) 10,000 or more acre-feet of water outside the program boundary but within 200 stream miles of the coast;(I) an amendment to a water permit for an increase in an annual appropriation of:(i) 5,000 or more acre-feet of water within the program boundary; or(ii) 10,000 or more acre-feet of water outside the program boundary but within 200 stream miles of the coast; or(J) a change in the purpose of use of an annual appropriation of water to a more consumptive use of:(i) 5,000 or more acre-feet of water within the program boundary; or(ii) 10,000 or more acre-feet of water outside the program boundary but within 200 stream miles of the coast.(7) The Texas Parks and Wildlife Department when issuing or approving:(A) an oyster lease or certificate of location;(B) a permit for taking, transporting, or possessing threatened or endangered species;(C) a permit for disturbing marl, sand, shell, or gravel on state-owned land; or(D) development by a person other than the Texas Parks and Wildlife Department that requires the use or taking of any public land in a state park, wildlife management area, or preserve.(8) A subdivision when issuing a dune protection permit or beachfront construction certificate that authorizes:(A) construction activity that is located 200 feet or less landward of the line of vegetation and that results in the disturbance of more than 7,000 square feet of dunes or dune vegetation;(B) construction activity that results in the disturbance of more than 7,500 cubic yards of dunes;(C) a coastal shore protection project undertaken on a gulf beach or 200 feet or less landward of the line of vegetation and that affects more than 500 linear feet of gulf beach; or(D) a closure, relocation, or reduction in existing public beach access or public beach access designated in an approved local government beach access plan, other than for a short term.(9) An action to renew, amend, or modify an existing permit, certificate, lease, easement, approval, or other action is not an action under this section if the action is taken under a rule that has been certified under Texas Natural Resources Code §33.2052 and:(A) for a wastewater discharge permit, if the action is not a major permit modification that would:(i) increase pollutant loads to coastal waters; or(ii) result in relocation of an outfall to a critical area;(B) for solid, hazardous, or nonhazardous waste permits, if the action is not a Class III modification under rules of the Texas Natural Resource Conservation Commission; or(C) for any other action, if the action:(i) only extends the period of the existing authorization and does not authorize new or additional work or activity; or(ii) is not directly relevant to Texas Natural Resources Code §33.205(a) and (b).(10) Except as provided by paragraph (6)(H) - (J) of this subsection, this does not apply to an agency permit or action authorizing an activity outside the program boundary.(d) The PSC also provides permitting assistance for the following equivalent federal actions:(1) Environmental Protection Agency: National Pollution Discharge Elimination System (NPDES) permits under 33 United States Code Annotated, §1342.(2) United States Army Corps of Engineers: Dredge and fill permits under 33 United States Code Annotated, §1344. Source Note: The provisions of this §28.10 adopted to be effective April 3, 1997, 22 TexReg 3041; amended to be effective July 19, 1999, 24 TexReg 5522; amended to be effective October 6, 2004, 29 TexReg 9409; amended to be effective October 7, 2018, 43 TexReg 6450; transferred effective December 1, 2022, as published in the Texas Register October 28, 2022, 47 TexReg 7301; amended to be effective July 10, 2023, 48 TexReg 3674. 1 GENERAL LAND OFFICE 28 PERMITTING ASSISTANCE AND PRELIMINARY CONSISTENCY REVIEW B PERMITTING ASSISTANCE §28.10 Permit Service Center https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214177&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214177 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214177&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214177 03/11/2026 The permitting assistance coordinator will perform the following functions:(1) Applicant Assistance: Upon the request of an applicant, the permitting assistance coordinator will assist the applicant and monitor the status of the application until the permitting agency or subdivision has all information necessary to decide to issue, condition, or deny the permit. The coordinator will be responsible for providing preapplication assistance, on behalf of the PAG, by performing the services described in §28.12 of this chapter.(2) Permitting Coastal Issue Team Meetings: The permitting assistance coordinator will schedule, organize, and conduct meetings of the committee's permitting coastal issue team to discuss recommendations regarding particular permit applications or other proposed actions subject to the CMP, or any other coastal permitting or regulatory matters.(3) Chair of the PAG: The permitting assistance coordinator will serve as the chair of the PAG and will facilitate the preliminary consistency review process conducted by the PAG, as described in Subchapter C of this chapter.(4) Permit Streamlining: The permitting assistance coordinator will help identify any permitting issues, policies, or practices that create the potential for delay in permitting decisions. The coordinator will work with permitting agency or subdivision representatives and coastal issue team members to develop and implement recommendations to reduce duplication, improve, and streamline permitting processes.(5) Reporting: The permitting assistance coordinator will document applicant requests for assistance, track permit reviews, and provide reports and data on permitting assistance activities in accordance with federal and state reporting requirements. Source Note: The provisions of this §28.11 adopted to be effective April 3, 1997, 22 TexReg 3041; amended to be effective July 19, 1999, 24 TexReg 5522; amended to be effective March 29, 2010, 35 TexReg 2601; amended to be effective October 7, 2018, 43 TexReg 6450; transferred effective December 1, 2022, as published in the Texas Register October 28, 2022, 47 TexReg 7301; amended to be effective July 10, 2023, 48 TexReg 3674. 1 GENERAL LAND OFFICE 28 PERMITTING ASSISTANCE AND PRELIMINARY CONSISTENCY REVIEW B PERMITTING ASSISTANCE §28.11 Permitting Assistance Coordinator https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210659&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210659 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210659&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210659 03/11/2026 Upon the request of an applicant, the permitting assistance coordinator shall provide the following:(1) A list of the permits or other approvals necessary for the proposed activity. This list informs the applicant of which permitting agencies or subdivisions must review and approve the proposed activity.(2) A simple, understandable statement of all permit or approval requirements. This statement gives the applicant an initial indication of how the proposed activity should be designed, carried out, or maintained to receive the permits or approvals.(3) A coordinated schedule for each agency or subdivision's decision on the permit applications or other approvals. This schedule informs the applicant of the general timeline and sequence in which the permitting agencies or subdivisions will likely review the proposed activity and grant or deny the applications for permits or other approvals.(4) A list of all information the agencies or subdivisions need to declare the applications for the permits or other approvals administratively complete. This list informs the applicant of the project-specific information and data that must be collected and included in each application before the permitting agencies or subdivisions can begin the review and approval process.(5) Assistance in completing the applications as needed. This gives the applicant the opportunity to obtain explanations or clarifications about the information or data specifically required for each application and how to complete and submit each application. Source Note: The provisions of this §28.13 adopted to be effective April 3, 1997, 22 TexReg 3041; amended to be effective July 19, 1999, 24 TexReg 5522; amended to be effective October 7, 2018, 43 TexReg 6450; transferred effective December 1, 2022, as published in the Texas Register October 28, 2022, 47 TexReg 7301. 1 GENERAL LAND OFFICE 28 PERMITTING ASSISTANCE AND PRELIMINARY CONSISTENCY REVIEW B PERMITTING ASSISTANCE §28.13 Permitting Assistance Services https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214178&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214178 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214178&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214178 03/11/2026 (a) An agency, subdivision or applicant seeking a permit or other proposed action listed in §28.10(c) of this chapter may request a preliminary consistency review.(b) A request for preliminary review must be submitted to the permitting assistance coordinator in writing. The request must:(1) describe the proposed activity and its probable impacts on coastal natural resource areas;(2) identify the CMP goals and policies applicable to the proposed activity; and(3) indicate whether any application have been filed with the agencies or subdivisions required to permit or approve the proposed activity, and state whether those applications have been declared administratively complete.(c) The time period for a preliminary review commences when the permitting assistance coordinator receives the request. Upon receipt of the request, the coordinator will:(1) file a notice for publication in the Texas Register requesting public comment on the consistency of the proposed activity which is the subject of the request;(2) forward the request to each agency or subdivision required to permit or approve the proposed activity; and(3) forward the request to all members of the PAG.(d) Public comments will be accepted for 30 days and must be submitted to the permitting assistance coordinator. Upon the close of the comment period, the coordinator will distribute all public comments to the members of the PAG.(e) The PAG may meet as needed to discuss the request for preliminary consistency review and any related matters. The permitting assistance coordinator will schedule, organize, and chair meetings of the PAG. Source Note: The provisions of this §28.20 adopted to be effective April 3, 1997, 22 TexReg 3041; amended to be effective July 19, 1999, 24 TexReg 5522; amended to be effective October 7, 2018, 43 TexReg 6450; transferred effective December 1, 2022, as published in the Texas Register October 28, 2022, 47 TexReg 7301; amended to be effective July 10, 2023, 48 TexReg 3674. 1 GENERAL LAND OFFICE 28 PERMITTING ASSISTANCE AND PRELIMINARY CONSISTENCY REVIEW C PRELIMINARY CONSISTENCY REVIEW §28.20 Requests for Preliminary Consistency Review https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210661&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210661 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210661&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210661 03/11/2026 (a) Each permitting agency or subdivision must submit a written preliminary statement to the PAG no later than 45 days after receipt of the request for preliminary consistency review.(b) The preliminary statement must indicate whether the permitting agency or subdivision anticipates approving or denying the application.(c) If the permitting agency or subdivision anticipates denying the application, the preliminary statement must include an explanation of the grounds for denial and recommendations for resolving the grounds in a way that would allow the application to be approved.(d) If enough information is already available, the preliminary statement must include a determination that the proposed activity is likely be found consistent with the CMP goals and policies.(e) If the proposed activity is likely to be found inconsistent with the goals and policies of the CMP, the preliminary statement should include an explanation and recommendation for resolving the inconsistency in a way that would allow the project to be found consistent.(f) If the permitting agency or subdivision finds that there is insufficient information, the agency or subdivision may qualify its preliminary statement. A qualified statement must explain the insufficiencies and identify, to the extent practicable, any significant issues that are likely to arise during the regular permitting process and that may result in denial of the application. Source Note: The provisions of this §28.21 adopted to be effective April 3, 1997, 22 TexReg 3041; amended to be effective October 7, 2018, 43 TexReg 6450; transferred effective December 1, 2022, as published in the Texas Register October 28, 2022, 47 TexReg 7301. 1 GENERAL LAND OFFICE 28 PERMITTING ASSISTANCE AND PRELIMINARY CONSISTENCY REVIEW C PRELIMINARY CONSISTENCY REVIEW §28.21 Preliminary Statement from Permitting Agencies or Subdivisions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210662&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210662 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210662&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210662 03/11/2026 (a) Each PAG member must submit a preliminary finding to the permitting assistance coordinator in writing no later than ten days after receipt of the permitting agency or subdivision's preliminary statement.(b) The preliminary finding must object to or concur with the agency or subdivision's preliminary statement based on whether the proposed permit or action would likely be found consistent with the CMP goals and policies.(c) If the preliminary finding states that the proposed permit or approval is likely to be found inconsistent with the CMP goals and policies, the finding must include an explanation and recommendation for resolving the inconsistency. The finding should explain the nature of the problem in a way that will help the requestor resolve it during the regular permitting process.(d) If a PAG member finds that there is insufficient information, opportunity for public comment, or time to fully and completely evaluate the proposed activity, the PAG member may qualify the finding. A qualified finding should explain the nature of the insufficiencies in a way that will help the requestor resolve these issues during the regular permitting process. Source Note: The provisions of this §28.22 adopted to be effective April 3, 1997, 22 TexReg 3041; amended to be effective March 29, 2010, 35 TexReg 2601; amended to be effective October 7, 2018, 43 TexReg 6450; transferred effective December 1, 2022, as published in the Texas Register October 28, 2022, 47 TexReg 7301. 1 GENERAL LAND OFFICE 28 PERMITTING ASSISTANCE AND PRELIMINARY CONSISTENCY REVIEW C PRELIMINARY CONSISTENCY REVIEW §28.22 Preliminary Findings https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210663&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210663 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210663&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210663 03/11/2026 The permitting assistance coordinator will provide applicants for federal licenses or permits with assistance regarding the means for ensuring that the proposed activity will be conducted in a manner consistent with the goals and policies of the CMP. Upon request by an applicant, the coordinator will identify any enforceable policies applicable to the proposed activity, based on the information the applicant has submitted. Source Note: The provisions of this §28.30 adopted to be effective April 3, 1997, 22 TexReg 3041; amended to be effective October 7, 2018, 43 TexReg 6450; transferred effective December 1, 2022, as published in the Texas Register October 28, 2022, 47 TexReg 7301. 1 GENERAL LAND OFFICE 28 PERMITTING ASSISTANCE AND PRELIMINARY CONSISTENCY REVIEW D ASSISTANCE WITH FEDERAL FUNDS §28.30 Assisting Applicants for Federal Licenses and Permits with Consistency Certifications https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210682&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210682 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210682&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210682 03/11/2026 (a) The purpose of this chapter is to ensure that state agency actions, subdivision actions and general plans subject to the Texas Coastal Management Program (CMP) are consistent with the CMP goals and policies. The commissioner of the General Land Office (commissioner) intends to use the consistency process to:(1) adequately identify, address, and resolve consistency issues to the maximum extent practicable prior to final agency action;(2) minimize the number of actions referred to the commissioner for review or study by ensuring adequate review at the agency level and by referring to the commissioner only those actions that present unique or significant consistency issues;(3) avoid the creation of an additional layer of bureaucracy;(4) avoid subjecting to regulation actions not currently subject to regulation; and(5) provide procedural safeguards to ensure proper notice, opportunity for hearing, and fairness in decision-making.(b) Accordingly, it is the intent of the commissioner that consistency be achieved primarily through individual agency rules that will reflect the CMP goals and policies. Source Note: The provisions of this §29.10 adopted to be effective June 15, 1995, 19 TexReg 7670; amended to be effective November 3, 1995, 20 TexReg 8664; amended to be effective October 7, 2018, 43 TexReg 6452; transferred effective December 1, 2022, as published in the Texas Register October 28, 2022, 47 TexReg 7301. 1 GENERAL LAND OFFICE 29 PROCEDURES FOR STATE CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND POLICIES A PURPOSE AND SCOPE §29.10 Purpose and Policy https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214179&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214179 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214179&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214179 03/11/2026 (a) For purposes of this chapter and Chapter 26 of this title (relating to Coastal Management Program), the following is an exclusive list of proposed individual agency actions that may adversely affect a coastal natural resource area (CNRA) and that therefore must be consistent with the CMP goals and policies:(1) for the General Land Office (GLO), the School Land Board, or a board for lease of state-owned lands when issuing or approving:(A) a mineral lease plan of operations;(B) a geophysical or geochemical permit;(C) a miscellaneous easement;(D) a surface lease;(E) a structure registration;(F) a coastal easement;(G) a coastal lease;(H) a cabin permit;(I) a navigation district lease;(J) certification of a subdivision beach access or dune protection plan or plan amendments; or(K) an agency or subdivision wetlands mitigation bank.(2) for the Public Utility Commission of Texas (PUC) when issuing a certificate of convenience and necessity.(3) for the Railroad Commission of Texas (RRC) when issuing:(A) a wastewater discharge permit;(B) a waste disposal storage pit permit; or(C) a certification of a federal permit for the discharge of dredge or fill material.(4) for the Texas Transportation Commission when approving:(A) an acquisition of a site for the placement or disposal of dredge material from, or the expansion, relocation, or alteration of, the Gulf Intracoastal Waterway; or(B) an environmental document for a transportation construction project or maintenance program.(5) for the Texas Historical Commission (THC) when issuing:(A) a permit for destruction, alteration, or taking of a coastal historic area; or(B) a review of a federal undertaking affecting a coastal historic area.(6) for the Texas Commission on Environmental Quality (TCEQ) when issuing or approving:(A) a wastewater discharge permit;(B) a permit for a new concentrated animal feeding operation located one mile or less from a critical area or coastal waters;(C) a permit for solid or hazardous waste treatment, storage, or disposal;(D) creation of a special purpose district or approval of bonds to construct infrastructure on coastal barriers;(E) levee improvement or flood control projects;(F) a certification of a federal permit for the discharge of dredge or fill material;(G) a declaration of an emergency and request for an emergency release of water;(H) a new permit for an annual appropriation of:(i) 5,000 or more acre-feet of water within the program boundary; or(ii) 10,000 or more acre-feet of water outside the program boundary but within 200 stream miles of the coast;(I) an amendment to a water permit for an increase in the annual appropriation of:(i) 5,000 or more acre-feet of water within the program boundary; or(ii) 10,000 or more acre-feet of water outside the program boundary but within 200 stream miles of the coast;(J) a change in the purpose of use of an annual appropriation of water to a more consumptive use of:(i) 5,000 or more acre-feet of water within the program boundary; or(ii) 10,000 or more acre-feet of water outside the program boundary but within 200 stream miles of the coast.(7) for the Texas Parks and Wildlife Department (TPWD) when issuing or approving:(A) an oyster lease or certificate of location;(B) a permit for taking, transporting, or possessing threatened or endangered species;(C) a permit for disturbing marl, sand, shell, or gravel on state-owned land; or(D) development by a person other than the TPWD that requires the use or taking of any public land in a state park, wildlife management area or preserve.(b) For purposes of this chapter and Chapter 26 of this title, the following is an exclusive list of proposed agency rulemaking actions that must be consistent with the CMP goals and policies:(1) a GLO rule governing the prevention of, response to, or remediation of a coastal oil spill;(2) TCEQ rules governing air pollutant emissions, on-site sewage disposal systems, or underground storage tanks;(3) a State Soil and Water Conservation Board rule governing agricultural or silvicultural nonpoint source pollution;(4) any rule governing an individual action described in subsection (a) of this section, including thresholds for referral.(c) An agency's promulgation of rules governing or authorizing actions listed in subsection (a) or (b) of this section constitutes an action subject to the CMP as provided in Subchapter B of this chapter (relating to Commissioner Review and Certification of Agency Rules).(d) An action to renew, amend, or modify an existing permit, certificate, lease, easement, approval or other action is not an action under this section if the action is taken pursuant to rules that the commissioner has certified as consistent under Subchapter B of this chapter (relating to Commissioner Review and Certification of Agency Rules) and:(1) for a wastewater discharge permit, if the action is not a major permit modification that would increase pollutant loads to coastal waters or would result in relocation of an outfall to a critical area;(2) for solid and hazardous waste permits, if the action is not a Class III modification as defined in TCEQ rules; or(3) for any other action, if the action only extends the time period of the existing authorization without authorizing new or additional work or activities or is not directly relevant to the CMP goals and policies.(e) Whenever more than one state agency is involved in issuing a consistency determination for a single project, consideration should be given to the preparation of one consistency determination for all state agencies involved.(1) Where multiple state consistency determinations are required, state agencies should consider coordinated preparation of the consistency determinations or designation of a lead agency for development of a single consistency determination. In the case where a single consistency determination will be prepared, such determination must be completed before final action is taken on any permit or authorization listed in subsection (a) of this section and required for the project. The single consistency determination must indicate whether each of the proposed actions listed in subsection (a) of this section and required for the project is consistent with the CMP goals and policies and must include information on each proposed action sufficient to support the consistency determination.(2) An applicant, project sponsor, or other entity undertaking a project which requires more than one action listed in subsection (a) of this section may request in writing to the CMP coordinator either coordinated preparation of the consistency determinations or designation of a lead agency for development of a single consistency determination.(3) To avoid duplication and time delays, it is the intent of the commissioner, whenever possible, to provide for coordinated consistency determinations where multiple determinations are required. The commissioner may direct the CMP coordinator to respond to the request and facilitate coordinated consistency determinations or preparation of a single determination by a lead agency, under guidance issued by the commissioner. Source Note: The provisions of this §29.11 adopted to be effective June 15, 1995, 19 TexReg 7670; amended to be effective November 3, 1995, 20 TexReg 8664; amended to be effective July 8, 2002, 27 TexReg 6040; amended to be effective October 6, 2004, 29 TexReg 9410; amended to be effective October 29, 2006, 31 TexReg 8842; amended to be effective October 7, 2018, 43 TexReg 6452; transferred effective December 1, 2022, as published in the Texas Register October 28, 2022, 47 TexReg 7301; amended to be effective July 10, 2023, 48 TexReg 3675. 1 GENERAL LAND OFFICE 29 PROCEDURES FOR STATE CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND POLICIES A PURPOSE AND SCOPE §29.11 Actions and Rules Subject to the Coastal Management Program https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214180&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214180 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214180&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214180 03/11/2026 (a) The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Agency--Any state agency, department, board, or commission of the state.(2) Coastal natural resource area (CNRA)--Any area defined in Texas Natural Resources Code, §33.203(1) that is located with the coastal zone.(3) Commissioner--Commissioner of the GLO.(4) Committee--Coastal Coordination Advisory Committee.(5) CMP coordinator--The GLO staff member designated by the commissioner.(6) CMP goals and policies--The goals and policies set forth in Chapter 26 of this title (relating to the Coastal Management Program).(7) Program boundary--The CMP boundary established in §27.1 of this title (relating to the Coastal Management Program Boundary).(8) Subdivision--A local government or any political subdivision of the state.(b) To the extent that reference is made to statutory or regulatory terms or phrases which are not defined in this chapter, such terms and phrases shall retain the meaning provided in the pertinent agency or political subdivision policies or regulations. Source Note: The provisions of this §29.12 adopted to be effective October 7, 2018, 43 TexReg 6452; transferred effective December 1, 2022, as published in the Texas Register October 28, 2022, 47 TexReg 7301; amended to be effective July 10, 2023, 48 TexReg 3675. 1 GENERAL LAND OFFICE 29 PROCEDURES FOR STATE CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND POLICIES A PURPOSE AND SCOPE §29.12 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214181&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214181 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214181&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214181 03/11/2026 (a) Upon adoption of a rule or amendment to a rule listed in §29.11(b) of this chapter (relating to Actions and Rules Subject to the Coastal Management Program), an agency may seek certification from the commissioner that the rule or rule amendment is consistent with the CMP goals and policies by filing a written Request for Certification with the CMP coordinator. The request shall include a copy of the rule or rule amendment for which the agency seeks certification and a reasoned statement supporting the agency's determination that the rule or rule amendment is consistent with the CMP goals and policies. (b) The CMP coordinator shall distribute copies of the Request for Certification, including all supporting information, to all committee members. The CMP coordinator shall publish in the Texas Register a notice of availability and request public comment on the Request for Certification.(c) The commissioner shall make a determination as to whether the rule or rule amendment should be certified as consistent with the CMP goals and policies on or before the 90th day after the CMP coordinator received the Request for Certification.(d) If the commissioner finds that the rule or rule amendment incorporates or otherwise requires the agency to comply with all applicable goals and policies of the program, the commissioner shall issue a written certification of the rule.(e) If the commissioner finds that the rule does not incorporate or otherwise require the agency to comply with all applicable goals and policies of the program, the commissioner shall issue a written statement denying certification of the rule. The denial shall explain the basis for such denial, and recommend rule revisions necessary to obtain certification. The agency may amend the rule and resubmit it for certification. Source Note: The provisions of this §29.20 adopted to be effective June 15, 1995, 19 TexReg 7670; amended to be effective November 3, 1995, 20 TexReg 8664; amended to be effective October 7, 2018, 43 TexReg 6452; transferred effective December 1, 2022, as published in the Texas Register October 28, 2022, 47 TexReg 7301; amended to be effective July 10, 2023, 48 TexReg 3675. 1 GENERAL LAND OFFICE 29 PROCEDURES FOR STATE CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND POLICIES B COMMISSIONER REVIEW AND CERTIFICATION OF AGENCY RULES §29.20 Commissioner Review and Certification of Agency Rules and Rule Amendments https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214182&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214182 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214182&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214182 03/11/2026 (a) Upon the commissioner's certification of an agency's rules or rule amendments pursuant to §29.20 of this chapter (relating to Commissioner Review and Certification of Agency Rules and Rule Amendments) or §29.23 of this chapter (relating to Expedited Certification of Rules and Rule Amendments), the agency's rules are incorporated into the CMP goals and policies, and any threshold for referral approved pursuant to §29.26 of this chapter (relating to Approval of Thresholds for Referral) that applies to actions under those rules shall become operative and limit the commissioner's authority to review individual actions of the agency, as provided in §29.32 of this chapter (relating to Requirements for Referral of a Proposed Agency Action).(b) After an agency's rules are certified and an agency's thresholds are approved, the agency's consistency determination for an action is final and is not subject to referral and review, except as provided by §29.32 of this chapter.(c) Where commissioner certification of a rule or rule amendment takes place after the effective date of a rule or rule amendment, the provisions of §29.32 of this chapter will be considered to be in effect to limit commissioner review of an agency action listed in §29.11(a) of this chapter (relating to Actions and Rules Subject to the Coastal Management Program) provided:(1) the agency files a request for certification of the rule or rule amendment within seven days of the date of adoption;(2) the action is undertaken pursuant to the rule or rule amendment for which certification is sought; and(3) the action was initiated after the rule or rule amendment was adopted and before the commissioner acted on the request for certification. Source Note: The provisions of this §29.21 adopted to be effective June 15, 1995, 19 TexReg 7670; amended to be effective November 3, 1995, 20 TexReg 8664; amended to be effective October 29, 2006, 31 TexReg 8842; amended to be effective October 7, 2018, 43 TexReg 6452; transferred effective December 1, 2022, as published in the Texas Register October 28, 2022, 47 TexReg 7301; amended to be effective July 10, 2023, 48 TexReg 3675. 1 GENERAL LAND OFFICE 29 PROCEDURES FOR STATE CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND POLICIES B COMMISSIONER REVIEW AND CERTIFICATION OF AGENCY RULES §29.21 Effect of Commissioner Certification of Agency Rules and Rule Amendments https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214183&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214183 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214183&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214183 03/11/2026 (a) When proposing to adopt or amend a rule listed in §29.11(b) of this chapter (relating to Actions and Rules Subject to the Coastal Management Program) an agency shall include in the preamble to the proposed rule as published in the Texas Register the following: (1) a statement that the proposed rule or rule amendment is subject to the Coastal Management Program and must be consistent with all applicable CMP policies; (2) a reasoned justification explaining the basis upon which the agency concluded the proposed rule is consistent with each applicable CMP policy; and (3) a request for public comment on the consistency of the proposed rule or rule amendment. (b) Simultaneously with the filing of a proposed rule or rule amendment with the Texas Register, the agency shall submit a copy of the proposed rule or rule amendment to the CMP coordinator, who shall distribute it to all committee members. (c) During the comment period provided by the agency, committee members should comment on the consistency of the proposed rule or rule amendment. As provided in the Administrative Procedure Act, the agency shall consider and respond to the comments of the public and committee members on the consistency of the proposed rule or rule amendment.(d) Upon adoption of the rule or rule amendment, an agency shall affirm that it has taken into account the goals and policies of the CMP by issuing a reasoned determination that the rule or rule amendment is consistent with the CMP goals and policies. Source Note: The provisions of this §29.22 adopted to be effective June 15, 1995, 19 TexReg 7670; amended to be effective November 3, 1995, 20 TexReg 8664; amended to be effective October 29, 2006, 31 TexReg 8842; amended to be effective March 29, 2010, 35 TexReg 2603; amended to be effective October 7, 2018, 43 TexReg 6452; transferred effective December 1, 2022, as published in the Texas Register October 28, 2022, 47 TexReg 7301; amended to be effective July 10, 2023, 48 TexReg 3675. 1 GENERAL LAND OFFICE 29 PROCEDURES FOR STATE CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND POLICIES B COMMISSIONER REVIEW AND CERTIFICATION OF AGENCY RULES §29.22 Consistency Required for New Rules and Rule Amendments Subject to the Coastal Management Program https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214184&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214184 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214184&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214184 03/11/2026 (a) In accordance with this section, the commissioner may provide expedited certification of a rule or rule amendment. An agency may request and the commissioner may provide expedited certification of an agency's rule or rule amendment only if: (1) the agency has included in the preamble to the proposed rule or rule amendment published in the Texas Register notice that the agency will seek expedited certification upon adoption of the rule; (2) the agency has filed with the CMP coordinator at the time the rule or rule amendment is proposed a Notice of Intent to Seek Expedited Certification and attached a copy of the proposed rule or rule amendment; and (3) the agency submitted the draft rule or draft rule amendment to the CMP coordinator for pre-certification review pursuant to §29.24 of this chapter (relating to Pre-Certification Review of Draft Rules and Draft Rule Amendments).(b) When an agency requests an expedited certification in accordance with this section, the commissioner shall make a determination as to whether the rule or rule amendment should be certified as consistent with the CMP goals and policies within 26 days of the date the rule or rule amendment was adopted, or before the effective date of the rule or rule amendment, whichever is later.(c) If the commissioner finds that the rule or rule amendment incorporates or otherwise requires the agency to comply with all applicable goals and policies of the program, the commissioner shall issue a written certification of the rule.(d) If the commissioner finds that the rule does not incorporate or otherwise require the agency to comply with all applicable goals and policies of the program, the commissioner shall issue a written statement denying certification of the rule. The denial shall explain the basis for such denial, and recommend rule revisions necessary to obtain certification. The agency may amend the rule and resubmit it for certification. Source Note: The provisions of this §29.23 adopted to be effective December 29, 1995, 20 TexReg 10789; amended to be effective October 29, 2006, 31 TexReg 8842; amended to be effective March 29, 2010, 35 TexReg 2603; amended to be effective October 7, 2018, 43 TexReg 6452; transferred effective December 1, 2022, as published in the Texas Register October 28, 2022, 47 TexReg 7301; amended to be effective July 10, 2023, 48 TexReg 3675. 1 GENERAL LAND OFFICE 29 PROCEDURES FOR STATE CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND POLICIES B COMMISSIONER REVIEW AND CERTIFICATION OF AGENCY RULES §29.23 Expedited Certification of Rules and Rule Amendments https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214185&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214185 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214185&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214185 03/11/2026 (a) Prior to the publication in the Texas Register of a proposed rule or amendment to a rule listed in §29.11(b) of this chapter (relating to Actions and Rules Subject to the Coastal Management Program), an agency may seek pre-certification review by filing a Request for Pre-certification Review with the CMP coordinator. The request shall include a copy of the draft rule or draft rule amendment and any information the agency wishes the commissioner to consider. This request shall allow the commissioner a minimum of 30 days to review and comment on the draft rule or rule amendment. (b) The CMP coordinator shall distribute copies of the Request for Pre-certification Review, including all supporting information, to all committee members.(c) The commissioner may review and comment in writing within 30 days of the date the request was received by the CMP coordinator, unless a longer time is provided in the agency's request. The commissioner's comments should identify applicable CMP goals and policies and potential inconsistencies with such goals and policies in the draft rule or rule amendment. The commissioner may make recommendations to the agency on how to correct any inconsistencies. The agency shall consider the commissioner's comments and any comments from the committee members.(d) Agencies are encouraged to seek pre-certification review to maximize opportunities to coordinate agency rules, facilitate effective and efficient implementation of the CMP, and to identify and correct possible inconsistencies in the draft rule or draft rule amendment prior to publication of the proposal in the Texas Register. Source Note: The provisions of this §29.24 adopted to be effective December 29, 1995, 20 TexReg 10789; amended to be effective October 29, 2006, 31 TexReg 8842; amended to be effective March 29, 2010, 35 TexReg 2603; amended to be effective October 7, 2018, 43 TexReg 6452; transferred effective December 1, 2022, as published in the Texas Register October 28, 2022, 47 TexReg 7301; amended to be effective July 10, 2023, 48 TexReg 3675. 1 GENERAL LAND OFFICE 29 PROCEDURES FOR STATE CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND POLICIES B COMMISSIONER REVIEW AND CERTIFICATION OF AGENCY RULES §29.24 Pre-Certification Review of Draft Rules and Draft Rule Amendments https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214186&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214186 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214186&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214186 03/11/2026 The commissioner may issue a Notice of Program Deficiency if the commissioner finds that the agency has implemented its rules in a manner that is inconsistent with the CMP goals and policies, or has amended certified rules in a manner inconsistent with the CMP goals and policies. The notice shall set forth the specific findings of deficiency, the basis for such findings, and include recommendations to correct the deficiencies within a reasonable period established in the notice. If the agency fails to correct the deficiencies as provided in the notice and within the time allowed, the commissioner may, after notice and opportunity for public comment, revoke certification of the agency's rules. Upon revocation of certification, §29.21 of this chapter (relating to Effect of Commissioner Certification of Agency Rules and Rule Amendments) shall not apply to limit commissioner review of any agency actions. Source Note: The provisions of this §29.25 adopted to be effective December 29, 1995, 20 TexReg 10789; amended to be effective October 7, 2018, 43 TexReg 6452; transferred effective December 1, 2022, as published in the Texas Register October 28, 2022, 47 TexReg 7301; amended to be effective July 10, 2023, 48 TexReg 3675. 1 GENERAL LAND OFFICE 29 PROCEDURES FOR STATE CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND POLICIES B COMMISSIONER REVIEW AND CERTIFICATION OF AGENCY RULES §29.25 Revocation of Certification https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214187&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214187 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214187&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214187 03/11/2026 As applicable, the provisions of §29.20 of this chapter (relating to Commissioner Review and Certification of Agency Rules and Rule Amendments) or §29.23 of this chapter (relating to Expedited Certification of Rule and Rule Amendments) shall be applied in requesting and responding to a request for approval of thresholds. Notwithstanding any other provision of this section to the contrary, when applying §29.20 or §29.23 of this chapter to thresholds, the term "threshold" or "thresholds" shall be substituted for the term "rule" or "rules" and the term "approval" shall be substituted for the term "certified" or "certification." Thresholds for referral shall be set a level consistent with the standard in §26.13(b) of this title (relating to Administrative Policies). Source Note: The provisions of this §29.26 adopted to be effective June 15, 1995, 19 TexReg 7670; amended to be effective November 3, 1995, 20 TexReg 8664; amended to be effective October 7, 2018, 43 TexReg 6452; transferred effective December 1, 2022, as published in the Texas Register October 28, 2022, 47 TexReg 7301; amended to be effective July 10, 2023, 48 TexReg 3675. 1 GENERAL LAND OFFICE 29 PROCEDURES FOR STATE CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND POLICIES B COMMISSIONER REVIEW AND CERTIFICATION OF AGENCY RULES §29.26 Approval of Thresholds for Referral https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214188&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214188 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214188&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214188 03/11/2026 (a) An agency, when proposing an action listed in §29.11(a) of this chapter (relating to Actions and Rules Subject to the Coastal Management Program) that may adversely affect a coastal natural resource area (CNRA), shall comply with the CMP goals and policies.(b) An agency subject to subsection (a) of this section shall affirm that it has taken into account the CMP goals and policies by issuing a written determination that a proposed action is consistent with the CMP goals and policies or will not have any direct and significant impacts on applicable CNRAs. For purposes of these determinations, "direct" refers to impacts that are causally linked to an activity; "significant" refers to appreciable impacts on CNRAs. The agency shall include in its written determination one of the following statements:(1) Consistency Determination. The (State Agency Name) has reviewed this proposed action for consistency with the Texas Coastal Management Program (CMP) goals and policies and has determined that the proposed action is consistent with the applicable CMP goals and policies.(2) Determination of No Direct and Significant Adverse Effect. The (State Agency Name) has reviewed this proposed action for consistency with the CMP goals and policies and has determined that the proposed action will not have a direct and significant adverse effect on the coastal natural resource areas (CNRAs) identified in the applicable policies.(c) For actions that exceed the thresholds for referral, the agency shall provide a written explanation supporting the determination made under subsection (b) of this section. The explanation shall describe the basis for the agency's determination, include a description of the proposed action and its probable impacts on CNRAs, identify the CMP goals and policies applied to the proposed action, and explain how the proposed action is consistent with the applicable goals and policies or why the proposed action does not adversely affect any CNRAs.(d) When publishing notice of receipt of an application or request for agency proposed action, the agency shall include a statement that the application or requested action is subject to the CMP and must be consistent with the CMP goals and policies.(e) Agencies shall maintain a record of all proposed actions that are subject to the CMP and provide such record to the CMP coordinator on a quarterly basis. Source Note: The provisions of this §29.30 adopted to be effective June 15, 1995, 19 TexReg 7670; amended to be effective November 3, 1995, 20 TexReg 8664; amended to be effective August 27, 2000, 25 TexReg 8044; amended to be effective October 7, 2018, 43 TexReg 6452; transferred effective December 1, 2022, as published in the Texas Register October 28, 2022, 47 TexReg 7301; amended to be effective July 10, 2023, 48 TexReg 3675. 1 GENERAL LAND OFFICE 29 PROCEDURES FOR STATE CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND POLICIES C CONSISTENCY AND COMMISSIONER REVIEW OF PROPOSED STATE AGENCY ACTIONS §29.30 Agency Consistency Determination https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214189&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214189 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214189&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214189 03/11/2026 (a) An agency or permit applicant may request and receive a preliminary consistency review of any action listed in §29.11(a) of this chapter (relating to Actions and Rules Subject to the Coastal Management Program) or §29.60 of this chapter (relating to Subdivision Actions Subject to the Coastal Management Program) prior to the agency's proposed action.(b) A request for preliminary consistency review shall be submitted and processed pursuant to Chapter 28 of this title (relating to Permitting Assistance and Preliminary Consistency Review). Source Note: The provisions of this §29.31 adopted to be effective June 15, 1995, 19 TexReg 7670; amended to be effective November 3, 1995, 20 TexReg 8664; amended to be effective August 27, 2000, 25 TexReg 8044; amended to be effective October 7, 2018, 43 TexReg 6452; transferred effective December 1, 2022, as published in the Texas Register October 28, 2022, 47 TexReg 7301; amended to be effective July 10, 2023, 48 TexReg 3675. 1 GENERAL LAND OFFICE 29 PROCEDURES FOR STATE CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND POLICIES C CONSISTENCY AND COMMISSIONER REVIEW OF PROPOSED STATE AGENCY ACTIONS §29.31 Preliminary Consistency Review of a Proposed Agency Action https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214190&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214190 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214190&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214190 03/11/2026 (a) A proposed action of an agency listed in §29.11(a) of this chapter (relating to Actions and Rules Subject to the Coastal Management Program) may be referred to the commissioner for review to determine consistency with the CMP goals and policies only if:(1) the agency has proposed the action for which referral is sought;(2) the consistency determination for the proposed action was contested by:(A) a committee member or an agency that was a party in a formal hearing under Government Code, Chapter 2001, or in an alternative dispute resolution process; or(B) a committee member or other person by the filing of written comments with the agency before the action was proposed if the proposed action is one for which a formal hearing under Government Code, Chapter 2001, is not available;(3) a person described by subsection (a)(2) of this section files a request for referral within ten days of the date the action is proposed alleging a significant unresolved dispute regarding the proposed action's consistency with the CMP goals and policies; and(4) any three committee members other than the representative of the Texas Sea Grant College Program agree within 13 days of the date the action is proposed that there is a significant unresolved dispute regarding the proposed action's consistency with the CMP goals and policies and the matter is referred to the commissioner for review.(b) If consistency review thresholds are in effect under §29.26 of this chapter (relating to Approval of Thresholds for Referral), the commissioner may not review a proposed action for consistency with the CMP goals and policies unless the requirements of subsection (a) of this section are satisfied and:(1) if the proposed action is one for which a formal hearing under Government Code, Title 10, Subtitle A, Chapter 2001, is available:(A) the action exceeds the applicable thresholds and the agency's consistency determination was contested in a formal hearing or an alternative dispute resolution process; or(B) the action does not exceed the applicable thresholds but may directly and adversely affect a critical area, critical dune area, coastal park, wildlife management area or preserve, or Gulf beach and a state agency contested the agency's consistency determination in a formal hearing; or(2) if the proposed action is one for which a formal hearing under Government Code, Chapter 2001, is not available to contest the agency's determination, the action exceeds the applicable thresholds.(c) For purposes of this subchapter, an action subject to the contested case provisions of Government Code, Chapter 2001, is proposed when a notice of a decision or order is issued under Government Code, §2001.142.(d) The commissioner must consider and act on a matter referred under this section before the 26th day after the date the agency or subdivision proposed the action. Source Note: The provisions of this §29.32 adopted to be effective June 15, 1995, 19 TexReg 7670; amended to be effective November 3, 1995, 20 TexReg 8664; amended to be effective October 29, 2006, 31 TexReg 8842; amended to be effective October 7, 2018, 43 TexReg 6452; transferred effective December 1, 2022, as published in the Texas Register October 28, 2022, 47 TexReg 7301; amended to be effective July 10, 2023, 48 TexReg 3675. 1 GENERAL LAND OFFICE 29 PROCEDURES FOR STATE CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND POLICIES C CONSISTENCY AND COMMISSIONER REVIEW OF PROPOSED STATE AGENCY ACTIONS §29.32 Requirements for Referral of a Proposed Agency Action https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214191&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214191 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214191&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214191 03/11/2026 (a) To seek commissioner review of a proposed agency action listed in §29.11(a) of this chapter (relating to Actions and Rules Subject to the Coastal Management Program), a person described in §29.32(a)(2) of this chapter (relating to Requirements for Referral of a Proposed Agency Action) must file a written Request for Referral with the CMP coordinator. The request must be filed no later than ten days after the agency has proposed the action for which consistency review is sought.(b) The Request for Referral shall include:(1) the names, addresses, and signatures of all persons joining in the request;(2) a certificate of service indicating that copies of the request have been provided by hand delivery or certified mail to:(A) the agency proposing the action for which review is sought;(B) the applicant, if any, before the agency; and(C) if the proposed action was the subject of a formal hearing under Government Code, Chapter 2001, all persons who were named as parties to the proceeding or their representatives;(3) a description of the proposed action for which review is sought indicating the date of the agency's proposed action and a copy of the proposed order, permit, or other official agency decision document;(4) a statement demonstrating, by reference to the requirements of §29.32 of this chapter, that the proposed action is subject to referral; and(5) a clear and concise statement of the significant unresolved dispute regarding the proposed action's consistency with the CMP goals and policies, including specific reference to the applicable goals and policies and to the applicable facts in the agency's decision record. Source Note: The provisions of this §29.33 adopted to be effective June 15, 1995, 19 TexReg 7670; amended to be effective November 3, 1995, 20 TexReg 8664; amended to be effective October 7, 2018, 43 TexReg 6452; transferred effective December 1, 2022, as published in the Texas Register October 28, 2022, 47 TexReg 7301; amended to be effective July 10, 2023, 48 TexReg 3675. 1 GENERAL LAND OFFICE 29 PROCEDURES FOR STATE CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND POLICIES C CONSISTENCY AND COMMISSIONER REVIEW OF PROPOSED STATE AGENCY ACTIONS §29.33 Filing of Request for Referral https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214192&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214192 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214192&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214192 03/11/2026 (a) Upon receipt of a timely Request for Referral which satisfies the requirements of §29.33 of this chapter (relating to Filing of Request for Referral), the CMP coordinator shall provide a copy to each committee member.(b) The members of the committee shall consider the Request for Referral.(c) For the commissioner to accept a Request for Referral, any three committee members other than the representative of the Texas Sea Grant College Program must agree that there is a significant unresolved dispute regarding the proposed action's consistency with the CMP goals and policies, and must submit the matter to the CMP coordinator in writing no later than 13 days after the agency has proposed the action for which referral has been requested.(d) The adequacy or inadequacy of a Request for Referral shall not be a reviewable issue before the commissioner. The commissioner may exercise the discretion to accept a deficient Request for Referral.(e) No right to commissioner review is created by this chapter. The decision to review a proposed action is within the commissioner's discretion. Source Note: The provisions of this §29.34 adopted to be effective June 15, 1995, 19 TexReg 7670; amended to be effective November 3, 1995, 20 TexReg 8664; amended to be effective October 7, 2018, 43 TexReg 6452; transferred effective December 1, 2022, as published in the Texas Register October 28, 2022, 47 TexReg 7301; amended to be effective July 10, 2023, 48 TexReg 3675. 1 GENERAL LAND OFFICE 29 PROCEDURES FOR STATE CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND POLICIES C CONSISTENCY AND COMMISSIONER REVIEW OF PROPOSED STATE AGENCY ACTIONS §29.34 Referral of a Proposed Agency Action to the Commissioner for Consistency Review https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210665&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210665 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210665&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210665 03/11/2026 (a) The CMP coordinator shall, by certified mail or hand delivery, provide notice of the hearing at which the commissioner will review a proposed action to: (1) the agency proposing the action under review; (2) the applicant, if any, before the agency; (3) the person(s) filing the Request for Referral; and(4) if the action was the subject of a formal hearing under Government Code, Chapter 2001, before the agency, all persons who were named as parties to the proceeding or their representatives. (b) The notice to the applicant and the agency shall include a statement that no person may conduct activities authorized by the proposed agency action that would irreparably alter or damage the CNRA identified in the applicable policy. (c) In conducting reviews, the commissioner shall consider only: (1) the record before the agency proposing the action under review; (2) the agency's findings; (3) applicable laws and rules; (4) any additional information provided by that agency; and (5) the oral or written testimony of any person regarding the CMP as the testimony relates to the agency's proposed action under review. Notice of the period during which testimony will be received shall be published in the Texas Register and in a newspaper of general circulation in each county directly affected by the matter under review before the review period begins. The commissioner may reasonably limit the length and format of the testimony and the time at which it will be received. (d) If the agency did not hold a hearing, make a record, or make findings, the commissioner may hold a hearing and make findings necessary for a complete and thorough review. (e) The commissioner must consider and act on a matter referred before the 26th day after the date the agency proposed the action. (f) The commissioner may not review a consistency determination of the GLO, the commissioner, or the School Land Board. The commissioner shall refer a request for review of the consistency of an action by one of these entities to the attorney general not later than the second day after the date the commissioner receives the request. If the attorney general protests the action, such a protest has the same effect as a protest by the commissioner. Source Note: The provisions of this §29.35 adopted to be effective June 15, 1995, 19 TexReg 7670; amended to be effective November 3, 1995, 20 TexReg 8664; amended to be effective October 7, 2018, 43 TexReg 6452; transferred effective December 1, 2022, as published in the Texas Register October 28, 2022, 47 TexReg 7301. 1 GENERAL LAND OFFICE 29 PROCEDURES FOR STATE CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND POLICIES C CONSISTENCY AND COMMISSIONER REVIEW OF PROPOSED STATE AGENCY ACTIONS §29.35 Procedures for Commissioner Review of a Proposed Agency Action https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214193&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214193 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214193&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214193 03/11/2026 (a) The only basis on which the commissioner may protest a proposed agency action is that the proposed action is inconsistent with the CMP goals and policies.(b) Following certification of an agency's rules as consistent with the CMP goals and policies pursuant to Subchapter B of this chapter:(1) the commissioner shall presume that the agency's consistency determination is valid if it is supported by the agency's findings of fact and conclusions of law;(2) the burden shall be on the person filing the request for referral to demonstrate that the agency's proposed action is inconsistent with the CMP goals and policies; and(3) any thresholds for referral approved pursuant to §29.26 of this chapter (relating to Approval of Thresholds for Referral) shall become operative and limit the commissioner's authority to review individual proposed actions of an agency as provided in §29.32 of this chapter (relating to Requirements for Referral of a Proposed Agency Action). Source Note: The provisions of this §29.36 adopted to be effective June 15, 1995, 19 TexReg 7670; amended to be effective November 3, 1995, 20 TexReg 8664; amended to be effective October 29, 2006, 31 TexReg 8842; amended to be effective October 7, 2018, 43 TexReg 6452; transferred effective December 1, 2022, as published in the Texas Register October 28, 2022, 47 TexReg 7301; amended to be effective July 10, 2023, 48 TexReg 3675. 1 GENERAL LAND OFFICE 29 PROCEDURES FOR STATE CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND POLICIES C CONSISTENCY AND COMMISSIONER REVIEW OF PROPOSED STATE AGENCY ACTIONS §29.36 Standard of Commissioner Review of a Proposed Agency Action https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210667&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210667 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210667&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210667 03/11/2026 Pending the commissioner's review of an individual agency proposed action, no person may conduct activities authorized by the agency action that would irreparably alter or damage the CNRA identified in the applicable policy, except as otherwise provided by the Texas Administrative Procedure Act, Government Code §2001.054. Source Note: The provisions of this §29.37 adopted to be effective June 15, 1995, 19 TexReg 7670; amended to be effective November 3, 1995, 20 TexReg 8664; amended to be effective October 29, 2006, 31 TexReg 8842; amended to be effective October 7, 2018, 43 TexReg 6452; transferred effective December 1, 2022, as published in the Texas Register October 28, 2022, 47 TexReg 7301. 1 GENERAL LAND OFFICE 29 PROCEDURES FOR STATE CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND POLICIES C CONSISTENCY AND COMMISSIONER REVIEW OF PROPOSED STATE AGENCY ACTIONS §29.37 Activities Pending Commissioner Review of a Proposed Agency Action https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210668&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210668 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210668&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210668 03/11/2026 (a) On review, the commissioner may affirm or protest an agency's proposed action. A proposed action is consistent with the CMP goals and policies and approved by the commissioner unless the commissioner determines the proposed action to be inconsistent with the CMP and protests the proposed action. If the commissioner protests the proposed action, the commissioner shall issue written findings to the agency or subdivision within 26 days after the date the agency or subdivision proposed the action. The commissioner's findings shall:(1) specify how the proposed action is inconsistent with the CMP goals and policies; and(2) include specific recommendations regarding how the proposed action may be modified or amended to make it consistent with the CMP goals and policies.(b) The commissioner may recommend that an agency undertake only such actions as are within the authority of the agency. A goal or policy may not require an agency to perform an action that would exceed the constitutional or statutory authority of the agency to which the goal or policy applies. Source Note: The provisions of this §29.38 adopted to be effective June 15, 1995, 19 TexReg 7670; amended to be effective November 3, 1995, 20 TexReg 8664; amended to be effective August 27, 2000, 25 TexReg 8044; amended to be effective October 7, 2018, 43 TexReg 6452; transferred effective December 1, 2022, as published in the Texas Register October 28, 2022, 47 TexReg 7301. 1 GENERAL LAND OFFICE 29 PROCEDURES FOR STATE CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND POLICIES C CONSISTENCY AND COMMISSIONER REVIEW OF PROPOSED STATE AGENCY ACTIONS §29.38 Commissioner Determination on Review of a Proposed Agency Action https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210669&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210669 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210669&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210669 03/11/2026 (a) After the commissioner has protested a proposed action and issued written findings and recommendations to the agency, the agency shall review the findings and recommendations and determine whether to modify or amend the proposed action to make it consistent with the CMP goals and policies. The agency shall notify the CMP coordinator of its decision no later than 21 days after the date the agency receives the commissioner's written protest.(b) If the commissioner finds that the agency did not amend or modify the proposed action either to conform substantially with the commissioner's recommendations or to achieve the same results as the commissioner's recommendations, the commissioner shall refer the matter to the attorney general for a legal opinion on consistency of the proposed action with the CMP goals and policies. The agency is stayed from taking the proposed action until the attorney general issues the opinion. The attorney general shall issue an opinion before the 26th day after the date the commissioner requests the opinion. The attorney general shall base the opinion on the record before the agency and the commissioner. In determining whether the proposed action is inconsistent, the attorney general shall consider the commissioner's findings and recommendations and the agency's response. Source Note: The provisions of this §29.39 adopted to be effective June 15, 1995, 19 TexReg 7670; amended to be effective November 3, 1995, 20 TexReg 8664; amended to be effective October 7, 2018, 43 TexReg 6452; transferred effective December 1, 2022, as published in the Texas Register October 28, 2022, 47 TexReg 7301. 1 GENERAL LAND OFFICE 29 PROCEDURES FOR STATE CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND POLICIES C CONSISTENCY AND COMMISSIONER REVIEW OF PROPOSED STATE AGENCY ACTIONS §29.39 Agency Action after Commissioner Protest https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214194&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214194 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214194&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214194 03/11/2026 (a) The agency with jurisdiction over a proposed action shall enforce provisions of the CMP.(b) If the attorney general issues an opinion under §29.39 of this chapter (relating to Agency Action After Commissioner Protest) that a proposed agency action is inconsistent with the CMP, the attorney general shall file suit in a district court of Travis County unless otherwise directed by the commissioner.(c) Notwithstanding the request for an opinion from, or the filing of a suit by the attorney general, the commissioner and the agency may enter into a settlement agreement with regard to the proposed action. If the commissioner and the agency enter into a settlement agreement, the commissioner may rescind the commissioner's request for an opinion from the attorney general. Source Note: The provisions of this §29.42 adopted to be effective June 15, 1995, 19 TexReg 7670; amended to be effective November 3, 1995, 20 TexReg 8664; amended to be effective October 7, 2018, 43 TexReg 6452; transferred effective December 1, 2022, as published in the Texas Register October 28, 2022, 47 TexReg 7301; amended to be effective July 10, 2023, 48 TexReg 3675. 1 GENERAL LAND OFFICE 29 PROCEDURES FOR STATE CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND POLICIES C CONSISTENCY AND COMMISSIONER REVIEW OF PROPOSED STATE AGENCY ACTIONS §29.42 Enforcement after Commissioner Protest of a Proposed Agency Action https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210671&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210671 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210671&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210671 03/11/2026 General plans include any comprehensive statement in words, maps, illustrations, or other media issued by a state agency or political subdivision that recommends, proposes, evaluates, or formulates policies or future courses of action involving activities affecting coastal natural resource areas. For purposes of this section, general plans include, but are not limited to, the following:(1) State Emergency Management Plan (Texas Government Code, §418.042);(2) State Oil and Hazardous Substance Spill Contingency Plan (Texas Water Code, Chapter 26, Subchapter G);(3) State-Owned Coastal Wetlands Conservation Plan (Texas Parks and Wildlife Code, §14.002(a));(4) State Water Quality Management Plan (Texas Water Code, §26.012);(5) Artificial Reef Plan (Texas Parks and Wildlife Code, §89.021);(6) State Water Plan (Texas Water Code, §16.051);(7) Long-Range Dredging and Disposal Plan (Texas Parks and Wildlife Code, §14.002(b)(8)); and(8) Regional Solid Waste Management Plans (Texas Health and Safety Code, §363.062). Source Note: The provisions of this §29.50 adopted to be effective June 15, 1995, 19 TexReg 7670; amended to be effective October 29, 2006, 31 TexReg 8842; transferred effective December 1, 2022, as published in the Texas Register October 28, 2022, 47 TexReg 7301. 1 GENERAL LAND OFFICE 29 PROCEDURES FOR STATE CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND POLICIES D COMMISSIONER ADVISORY OPINIONS ON GENERAL PLANS §29.50 General Plans https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214195&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214195 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214195&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214195 03/11/2026 (a) An agency or subdivision which has produced a general plan described or listed in §29.50 of this chapter (relating to General Plans) may request a non-binding advisory opinion on the consistency of its general plan.(b) The request for an advisory opinion shall be submitted in writing to the CMP coordinator. The CMP coordinator shall forward copies of the request to all committee members. The commissioner shall consider the general plan within 90 days of receiving the request.(c) Prior to commissioner issuance of an advisory opinion regarding a general plan, the commissioner may direct the committee to review the general plan and make a recommendation to the commissioner regarding the consistency of the plan.(d) The commissioner shall issue the advisory opinion within 90 days of receiving the request from the agency or subdivision.(e) The advisory opinion shall indicate whether actions taken pursuant to the plan are likely to be consistent or inconsistent with the CMP goals and policies. The advisory opinion shall also:(1) identify all goals and policies that apply to the general plan;(2) identify any consistency issues of concern to the commissioner;(3) identify portions or provisions of the plan that are likely to lead to future inconsistent actions; and(4) include recommendations for the resolution of consistency issues identified in paragraphs (2) and (3) of this subsection. Source Note: The provisions of this §29.51 adopted to be effective June 15, 1995, 19 TexReg 7670; amended to be effective November 3, 1995, 20 TexReg 8664; amended to be effective August 27, 2000, 25 TexReg 8044; amended to be effective March 29, 2010, 35 TexReg 2603; amended to be effective October 7, 2018, 43 TexReg 6452; transferred effective December 1, 2022, as published in the Texas Register October 28, 2022, 47 TexReg 7301; amended to be effective July 10, 2023, 48 TexReg 3675. 1 GENERAL LAND OFFICE 29 PROCEDURES FOR STATE CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND POLICIES D COMMISSIONER ADVISORY OPINIONS ON GENERAL PLANS §29.51 Request for a Non-Binding Advisory Opinion and Commissioner Action https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214196&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214196 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214196&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214196 03/11/2026 (a) An agency or subdivision which is producing a general plan described or listed in §29.50 of this chapter (relating to General Plans) may request commissioner participation in the development of a plan by submitting a written request to the CMP coordinator. The commissioner shall participate in the plan development according to the schedule of the agency developing the plan.(b) The commissioner may direct the committee to participate in the development of the plan and make regular reports to the commissioner.(c) At the request of an agency or subdivision which is producing a general plan described or listed in §29.50 of this chapter, the commissioner may enter into a memorandum of agreement establishing the manner of commissioner participation in plan development, the criteria to be used in evaluating the plan, criteria to determine the adequacy of alternatives for resolving potential inconsistencies in the plan with the CMP goals and policies, and such other matters as are deemed appropriate by the parties to the agreement. Source Note: The provisions of this §29.52 adopted to be effective June 15, 1995, 19 TexReg 7670; amended to be effective November 3, 1995, 20 TexReg 8664; amended to be effective March 29, 2010, 35 TexReg 2603; amended to be effective October 7, 2018, 43 TexReg 6452; transferred effective December 1, 2022, as published in the Texas Register October 28, 2022, 47 TexReg 7301; amended to be effective July 10, 2023, 48 TexReg 3675. 1 GENERAL LAND OFFICE 29 PROCEDURES FOR STATE CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND POLICIES D COMMISSIONER ADVISORY OPINIONS ON GENERAL PLANS §29.52 Request for Commissioner Participation in the Development of General Plans https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210674&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210674 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210674&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210674 03/11/2026 (a) The purpose of the advisory opinion is to notify the public and the agency or subdivision adopting or approving the plan whether actions taken pursuant to the plan are likely to be consistent with the CMP goals and policies.(b) The advisory opinion does not ensure that any action taken pursuant to the general plan will or will not be consistent with the CMP goals and policies.(c) The commissioner's issuance of an advisory opinion does not obviate the requirement that state agencies and political subdivisions prepare consistency determinations in accordance with the requirements of this chapter or preclude commissioner review of those actions. Source Note: The provisions of this §29.53 adopted to be effective June 15, 1995, 19 TexReg 7670; amended to be effective October 7, 2018, 43 TexReg 6452; transferred effective December 1, 2022, as published in the Texas Register October 28, 2022, 47 TexReg 7301. 1 GENERAL LAND OFFICE 29 PROCEDURES FOR STATE CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND POLICIES D COMMISSIONER ADVISORY OPINIONS ON GENERAL PLANS §29.53 Purpose and Effect of an Advisory Opinion https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214197&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214197 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214197&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214197 03/11/2026 For purposes of this chapter and Chapter 26 of this title (relating to Coastal Management Program), issuance of a dune protection permit or beachfront construction certificate are the only proposed actions by a subdivision that may adversely affect a coastal natural resource area and that therefore must be consistent with the CMP goals and policies provided such actions authorize:(1) construction activity that is located 200 feet or less landward of the line of vegetation and that results in the disturbance of more than 7,000 square feet of dunes or dune vegetation;(2) construction activity that results in the disturbance of more than 7,500 cubic yards of dunes;(3) a coastal shore protection project undertaken on a Gulf beach or 200 feet or less landward of the line of vegetation and that affects more than 500 linear feet of Gulf beach; or(4) a closure, relocation, or reduction in existing public beach access or public beach access designated in an approved local government beach access plan, other than for a short term. Source Note: The provisions of this §29.60 adopted to be effective June 15, 1995, 19 TexReg 7670; amended to be effective November 3, 1995, 20 TexReg 8664; transferred effective December 1, 2022, as published in the Texas Register October 28, 2022, 47 TexReg 7301; amended to be effective July 10, 2023, 48 TexReg 3675. 1 GENERAL LAND OFFICE 29 PROCEDURES FOR STATE CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND POLICIES E CONSISTENCY AND COMMISSIONER REVIEW OF LOCAL GOVERNMENT ACTIONS §29.60 Subdivision Actions Subject to the Coastal Management Program https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214198&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214198 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214198&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214198 03/11/2026 (a) Prior to a proposed action identified in §29.60 of this title (relating to Subdivision Actions Subject to the Coastal Management Program), a subdivision shall comply with the CMP goals and policies.(1) For dune protection permits, the subdivision determination made pursuant to §15.4 of this title (relating to Dune Protection Standards) that the proposed activity will not materially weaken any dune, or materially damage any dune vegetation, or reduce the effectiveness of any dune as a means of protection against erosion and high wind and water, shall constitute a determination that such permit is consistent with CMP goals and policies.(2) For beachfront construction certificates, the subdivision determination made pursuant to §15.5 of this title (relating to Beachfront Construction Standards) that the proposed activity is consistent with the beach access portion of its approved dune protection and beach access plan and does not interfere with, or otherwise restrict, the public's right to use and have access to and from the Gulf beach shall constitute a determination that such permit is consistent with CMP goals and policies.(b) A subdivision proposing an action listed in §29.60 of this title shall affirm that it has taken into account the CMP goals and policies by issuing a written determination that the proposed action is consistent with program goals and policies. Source Note: The provisions of this §29.62 adopted to be effective June 15, 1995, 19 TexReg 7670; amended to be effective November 3, 1995, 20 TexReg 8664; transferred effective December 1, 2022, as published in the Texas Register October 28, 2022, 47 TexReg 7301; amended to be effective July 10, 2023, 48 TexReg 3675. 1 GENERAL LAND OFFICE 29 PROCEDURES FOR STATE CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND POLICIES E CONSISTENCY AND COMMISSIONER REVIEW OF LOCAL GOVERNMENT ACTIONS §29.62 Subdivision Consistency Determinations https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214199&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214199 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214199&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214199 03/11/2026 (a) Prior to taking final action, a subdivision may request preliminary consistency review for any proposed action listed in §29.60 of this chapter (relating to Subdivision Actions Subject to the Coastal Management Program).(b) A subdivision's request for preliminary consistency review shall be submitted and handled in accordance with the provisions of Chapter 28 of this title (relating to Permitting Assistance and Preliminary Consistency Review). Source Note: The provisions of this §29.63 adopted to be effective June 15, 1995, 19 TexReg 7670; amended to be effective November 3, 1995, 20 TexReg 8664; amended to be effective October 7, 2018, 43 TexReg 6452; transferred effective December 1, 2022, as published in the Texas Register October 28, 2022, 47 TexReg 7301; amended to be effective July 10, 2023, 48 TexReg 3675. 1 GENERAL LAND OFFICE 29 PROCEDURES FOR STATE CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND POLICIES E CONSISTENCY AND COMMISSIONER REVIEW OF LOCAL GOVERNMENT ACTIONS §29.63 Preliminary Consistency Review of a Proposed Subdivision Action https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214200&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214200 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214200&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214200 03/11/2026 A proposed subdivision action listed in §29.60 of this chapter (relating to Subdivision Actions Subject to the Coastal Management Program) may be referred to the commissioner for review to determine consistency with the CMP goals and policies only if:(1) the subdivision proposed the action for which referral is sought;(2) the consistency determination for the proposed action was contested by a member of the committee or other person by the filing of written comments with the subdivision;(3) a person described in paragraph (2) of this section files a request for referral within ten days of the date the action was proposed alleging a significant unresolved dispute regarding the proposed action's consistency with the CMP goals and policies; and(4) any three committee members other than the representative of the Texas Sea Grant College Program agree within 13 days of the date the action was proposed that there is a significant unresolved dispute regarding the proposed action's consistency with the CMP goals and policies and the matter is referred to the commissioner for review. Source Note: The provisions of this §29.64 adopted to be effective June 15, 1995, 19 TexReg 7670; amended to be effective November 3, 1995, 20 TexReg 8664; amended to be effective October 7, 2018, 43 TexReg 6452; transferred effective December 1, 2022, as published in the Texas Register October 28, 2022, 47 TexReg 7301; amended to be effective July 10, 2023, 48 TexReg 3675. 1 GENERAL LAND OFFICE 29 PROCEDURES FOR STATE CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND POLICIES E CONSISTENCY AND COMMISSIONER REVIEW OF LOCAL GOVERNMENT ACTIONS §29.64 Requirements for Referral of a Proposed Subdivision Action https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214201&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214201 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214201&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214201 03/11/2026 (a) To seek commissioner review of an action identified in §29.60 of this chapter (relating to Subdivision Actions Subject to the Coastal Management Program), a member of the committee or other person must file a written Request for Referral with the CMP coordinator. The request must be filed no later than ten days after the subdivision has proposed the action for which consistency review is sought.(b) The Request for Referral shall include:(1) the names, addresses, and signatures of all persons joining in the request;(2) a certificate of service indicating that requestor has provided copies of the request by personal delivery or certified service to:(A) the subdivision proposing the action for which review is sought; and(B) the applicant, if other than the subdivision;(3) a description of the proposed action for which review is sought, indicating the date of the proposed subdivision action, including a copy of the order, permit, or other official subdivision proposal;(4) a statement demonstrating, by reference to the requirements of §29.64 of this chapter (relating to Requirements for Referral of a Proposed Subdivision Action, that the proposed action is one subject to referral; and(5) a clear and concise statement of the proposed action's inconsistencies with the CMP goals and policies, including specific reference to the applicable goals and policies and to the applicable facts in the subdivision's proposal. Source Note: The provisions of this §29.65 adopted to be effective June 15, 1995, 19 TexReg 7670; amended to be effective November 3, 1995, 20 TexReg 8664; amended to be effective October 7, 2018, 43 TexReg 6452; transferred effective December 1, 2022, as published in the Texas Register October 28, 2022, 47 TexReg 7301; amended to be effective July 10, 2023, 48 TexReg 3675. 1 GENERAL LAND OFFICE 29 PROCEDURES FOR STATE CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND POLICIES E CONSISTENCY AND COMMISSIONER REVIEW OF LOCAL GOVERNMENT ACTIONS §29.65 Filing of Request for Referral https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214202&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214202 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214202&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214202 03/11/2026 (a) Upon receipt of a timely Request for Referral which satisfies the requirements of §29.65 of this chapter (relating to Filing of Request for Referral), the CMP coordinator shall provide a copy to each member of the committee.(b) The members of the committee shall consider the Request for Referral.(c) For the commissioner to accept a Request for Referral, any three committee members other than the representative of the Texas Sea Grant College Program must agree that there is a significant unresolved dispute regarding the action's consistency by submitting the matter to the CMP coordinator in writing no later than 13 days after the date of action is proposed.(d) The adequacy or inadequacy of a Request for Referral shall not be a reviewable issue before the commissioner. The commissioner may exercise the discretion to accept a deficient Request for Referral.(e) No right to commissioner review is created by these rules. The decision to review a proposed action is within the commissioner's discretion. Source Note: The provisions of this §29.66 adopted to be effective June 15, 1995, 19 TexReg 7670; amended to be effective November 3, 1995, 20 TexReg 8664; amended to be effective October 7, 2018, 43 TexReg 6452; transferred effective December 1, 2022, as published in the Texas Register October 28, 2022, 47 TexReg 7301; amended to be effective July 10, 2023, 48 TexReg 3675. 1 GENERAL LAND OFFICE 29 PROCEDURES FOR STATE CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND POLICIES E CONSISTENCY AND COMMISSIONER REVIEW OF LOCAL GOVERNMENT ACTIONS §29.66 Referral of a Proposed Subdivision Action to the Commissioner for Review https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210681&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210681 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210681&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210681 03/11/2026 (a) The CMP coordinator shall, by certified mail or hand delivery, provide notice of any hearing at which the commissioner will review a proposed action to: (1) the subdivision proposing the action; (2) the applicant, if other than the subdivision; and (3) the person(s) filing the Request for Referral. (b) In conducting reviews, the commissioner shall consider only: (1) the record before the subdivision involved in the matter under review; (2) the subdivision's findings; (3) applicable laws and rules; (4) any additional information provided by the subdivision; and (5) the oral or written testimony of any person regarding the CMP as the testimony relates to the subdivision proposed action or activity. Notice of the period during which testimony will be received shall be published in the Texas Register and in a newspaper of general circulation in each county directly affected by the matter under review before the review period begins. The commissioner may reasonably limit the length and format of the testimony and the time at which it will be received. (c) If the subdivision did not hold a hearing, make a record, or make findings, the commissioner may hold a hearing and make findings necessary for a complete and thorough review. (d) The commissioner shall determine whether an action is consistent with the CMP goals and policies before the 26th day after the subdivision has proposed the action. Source Note: The provisions of this §29.67 adopted to be effective June 15, 1995, 19 TexReg 7670; amended to be effective November 3, 1995, 20 TexReg 8664; amended to be effective October 7, 2018, 43 TexReg 6452; transferred effective December 1, 2022, as published in the Texas Register October 28, 2022, 47 TexReg 7301. 1 GENERAL LAND OFFICE 29 PROCEDURES FOR STATE CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND POLICIES E CONSISTENCY AND COMMISSIONER REVIEW OF LOCAL GOVERNMENT ACTIONS §29.67 Procedures for Commissioner Review of a Proposed Subdivision Action https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214203&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214203 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214203&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214203 03/11/2026 (a) The only basis on which the commissioner may protest a proposed subdivision action is that the proposed action is inconsistent with the CMP goals and policies.(b) Following the GLO's certification of a subdivision's dune protection and beach access plan under §15.3(o) of this title (relating to Administration) as consistent with the CMP goals and policies:(1) the subdivision's consistency determination is final and is not subject to referral and review, except as provided in §29.64 of this chapter (relating to Requirements for Referral of a Proposed Subdivision Action); and(2) the commissioner shall presume that the subdivision's consistency determination is valid, if such determination is documented by the underlying record, and the burden shall be on the person filing the Request for Referral to demonstrate that the subdivision's proposed action is inconsistent with the CMP goals and policies. Source Note: The provisions of this §29.68 adopted to be effective June 15, 1995, 19 TexReg 7670; amended to be effective November 3, 1995, 20 TexReg 8664; amended to be effective October 7, 2018, 43 TexReg 6452; transferred effective December 1, 2022, as published in the Texas Register October 28, 2022, 47 TexReg 7301; amended to be effective July 10, 2023, 48 TexReg 3675. 1 GENERAL LAND OFFICE 29 PROCEDURES FOR STATE CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND POLICIES E CONSISTENCY AND COMMISSIONER REVIEW OF LOCAL GOVERNMENT ACTIONS §29.68 Standard of Commissioner Review of a Proposed Subdivision Action https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210686&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210686 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210686&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210686 03/11/2026 Pending commissioner review of a proposed subdivision action which is referred to the commissioner, no person may conduct activities proposed by the subdivision that would irreparably alter or damage critical dunes or dune vegetation or interfere with or restrict the public's right to use and have access to and from the Gulf beach. Source Note: The provisions of this §29.69 adopted to be effective June 15, 1995, 19 TexReg 7670; amended to be effective November 3, 1995, 20 TexReg 8664; amended to be effective October 7, 2018, 43 TexReg 6452; transferred effective December 1, 2022, as published in the Texas Register October 28, 2022, 47 TexReg 7301. 1 GENERAL LAND OFFICE 29 PROCEDURES FOR STATE CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND POLICIES E CONSISTENCY AND COMMISSIONER REVIEW OF LOCAL GOVERNMENT ACTIONS §29.69 Activities Pending Commissioner Review of a Proposed Subdivision Action https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210687&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210687 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210687&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210687 03/11/2026 (a) On review, the commissioner may affirm or protest the subdivision's proposed action. A proposed action is consistent with the CMP goals and policies and approved by the commissioner unless the commissioner determines the proposed action to be inconsistent with the CMP and protests the proposed action. If the commissioner protests the proposed action, the commissioner shall issue written findings in writing to the subdivision. The commissioner's findings shall:(1) specify how the proposed action is inconsistent with the CMP goals and policies; and(2) include specific recommendations regarding how the proposed action may be modified or amended to make it consistent with the CMP goals and policies.(b) The commissioner may recommend that a subdivision undertake only such actions as are within the authority of the subdivision. A goal or policy may not require a subdivision to perform an action that would exceed the constitutional or statutory authority of the subdivision to which the goal or policy applies. Source Note: The provisions of this §29.70 adopted to be effective June 15, 1995, 19 TexReg 7670; amended to be effective November 3, 1995, 20 TexReg 8664; amended to be effective October 7, 2018, 43 TexReg 6452; transferred effective December 1, 2022, as published in the Texas Register October 28, 2022, 47 TexReg 7301. 1 GENERAL LAND OFFICE 29 PROCEDURES FOR STATE CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND POLICIES E CONSISTENCY AND COMMISSIONER REVIEW OF LOCAL GOVERNMENT ACTIONS §29.70 Commissioner Action on Review of a Proposed Subdivision Action https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210691&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210691 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210691&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210691 03/11/2026 (a) After the commissioner has protested a proposed subdivision action and reported its findings to the subdivision, the subdivision shall review the findings and recommendations and determine whether to modify or amend the proposed action to make it consistent with the CMP goals and policies. The subdivision shall notify the commissioner of its decision no later than 21 days after the date the subdivision receives the commissioner's written protest.(b) If the commissioner finds that the subdivision did not amend or modify the proposed action either to conform substantially with the commissioner's recommendations or to achieve the same results as the commissioner's recommendations, the commissioner shall refer the matter to the attorney general for a legal opinion on consistency of the proposed action with the CMP goals and policies.(c) The subdivision is stayed from taking the proposed action until the attorney general issues the opinion. The attorney general shall issue an opinion before the 26th day after the date the commissioner requests the opinion. The attorney general shall base the opinion on the record before the subdivision and the commissioner. In determining whether the proposed action is inconsistent, the attorney general shall consider the commissioner's findings and recommendations and the subdivision's response to the recommendations. Source Note: The provisions of this §29.71 adopted to be effective June 15, 1995, 19 TexReg 7670; amended to be effective November 3, 1995, 20 TexReg 8664; amended to be effective October 7, 2018, 43 TexReg 6452; transferred effective December 1, 2022, as published in the Texas Register October 28, 2022, 47 TexReg 7301. 1 GENERAL LAND OFFICE 29 PROCEDURES FOR STATE CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND POLICIES E CONSISTENCY AND COMMISSIONER REVIEW OF LOCAL GOVERNMENT ACTIONS §29.71 Subdivision Action after Commissioner Protest https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214204&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214204 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214204&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214204 03/11/2026 (a) The agency or subdivision with jurisdiction over a proposed action shall enforce the CMP provisions.(b) If the attorney general issues an opinion pursuant to §29.71 of this chapter (relating to Subdivision Action After Commissioner Protest) finding that a proposed subdivision action is inconsistent with the CMP and the agency or subdivision fails to implement the commissioner's recommendation, the attorney general shall file suit in a district court of Travis County unless otherwise directed by the commissioner.(c) Notwithstanding the request for an opinion from, or the filing of a suit by the attorney general, the commissioner and the subdivision may enter into a settlement agreement with regard to the proposed action. If the commissioner and the subdivision enter into a settlement agreement, the commissioner may rescind the commissioner's request for an opinion from the attorney general. Source Note: The provisions of this §29.74 adopted to be effective June 15, 1994, 19 TexReg 7670; amended to be effective November 3, 1995, 20 TexReg 8664; amended to be effective October 7, 2018, 43 TexReg 6452; transferred effective December 1, 2022, as published in the Texas Register October 28, 2022, 47 TexReg 7301; amended to be effective July 10, 2023, 48 TexReg 3675. 1 GENERAL LAND OFFICE 29 PROCEDURES FOR STATE CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND POLICIES E CONSISTENCY AND COMMISSIONER REVIEW OF LOCAL GOVERNMENT ACTIONS §29.74 Enforcement after Commissioner Protest of a Proposed Subdivision Action https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214214&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214214 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214214&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214214 03/11/2026 The rules in this Chapter establish a process for federal consistency review, as required by Texas Natural Resources Code, §33.206(d) and federal procedures for implementing the federal consistency requirements of the federal Coastal Zone Management Act of 1972 (CZMA) and provides that federal actions and activities subject to the Texas Coastal Management Program (CMP) are consistent with the goals and enforceable policies of the CMP. The procedures in this Chapter are intended to allow the Commissioner of the General Land Office (GLO) to identify, address, and resolve federal consistency issues and provide guidance that if any inconsistencies are found between these rules and those of the CZMA Federal Consistency regulations provided in 15 Code of Federal Regulations (CFR) Part 930, the federal regulations are controlling. Source Note: The provisions of this §30.10 adopted to be effective July 10, 2023, 48 TexReg 3677. 1 GENERAL LAND OFFICE 30 PROCEDURES FOR FEDERAL CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND POLICIES §30.10 Purpose and Policy https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214208&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214208 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214208&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214208 03/11/2026 (a) The following words, terms, and phrases, when used in this Chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Associated facilities--All proposed facilities:(A) which are specifically designed, located, constructed, operated, adapted, or otherwise used, in full or in major part, to meet the needs of a federal action (e.g., activity, development project, license, permit, or assistance); and(B) without which the federal action, as proposed, could not be conducted. See 15 CFR §930.11(d).(2) Coastal Coordination Act--Texas Natural Resources Code, Chapter 33, Subchapter F.(3) Coastal Zone--The portion of the coastal area located within the boundaries established by the CMP under Texas Natural Resources Code, §33.2053(k), and described in Chapter 27 of this title (relating to Coastal Management Program Boundary).(4) CMP--Texas Coastal Management Program, which was accepted into the federal Coastal Zone Management Program in 1996 after receiving approval from the federal Office for Coastal Management. The CMP was implemented on January 10, 1997 and incorporates all federally approved amendments thereafter.(5) CMP coordinator--The GLO Coastal Resources staff member designated by the commissioner.(6) CMP goals and enforceable policies--The goals and policies set forth in Chapter 26 of this title.(7) Commissioner--Commissioner of the GLO.(8) Committee--Coastal Coordination Advisory Committee.(9) CZMA--Federal Coastal Zone Management Act of 1972, as amended.(10) Development project--Federal agency activity involving the planning, construction, modification, or removal of public works, facilities, or other structures, and includes the acquisition, use, or disposal of coastal use or resource. See 15 CFR §930.31(b).(11) Director--Director of the Office for Coastal Management (OCM), National Ocean Service, NOAA.(12) Federal agency--Any department, agency, board, commission, council, independent office or similar entity within the executive branch of the federal government, or any wholly owned federal government corporation. See 15 CFR §930.11(j).(13) Federal agency activity--Any functions performed by or on behalf of a federal agency in the exercise of its statutory responsibilities, including a range of activities where a Federal agency makes a proposal for action initiating an activity or series of activities when coastal effects are reasonably foreseeable, e.g., a Federal agency's proposal to physically alter coastal resources, a plan that is used to direct future agency actions, a proposed rulemaking that alters uses of the coastal zone. The term does not include the issuance of a federal license or permit or the granting of federal assistance to an applicant agency. See 15 CFR §930.31(a).(14) Federal assistance--Assistance provided under a federal program to a state or local government applicant agency through grant or contractual arrangements, loans, subsidies, guarantees, insurance, or other form of financial aid. See 15 CFR §930.91.(15) Federal license or permit activity--An activity proposed by a non-federal applicant that requires any federal license, permit, or other authorization that an applicant is required by law to obtain in order to conduct activities affecting any land or water use or natural resource of the coastal zone and that any federal agency is empowered to issue to an applicant. See 15 CFR §930.51(a). An action to renew, amend, or modify an existing license or permit is not subject to review under this Chapter if the action only extends the time period of the existing authorization without authorizing new or additional work or activities, would not increase pollutant loads to coastal waters or result in relocation of a wastewater outfall to a critical area, or is not otherwise directly relevant to the CMP enforceable policies in Chapter 26. See also, 15 CFR §930.51(a).(16) Outer continental shelf (OCS) plan--Any plan for the exploration or development of, or production from, an area which has been leased under the Outer Continental Shelf Lands Act (43 United States Code Annotated, §§1331-1356), and the regulations under that Act, which is submitted to the Secretary of the Interior or designee following management program approval and which describes in detail activities federal license or permit activities. See 15 CFR §930.73.(17) Program boundary--CMP program boundary established in §27.1 of this title (relating to the Coastal Management Program Boundary).(b) Any statutory or regulatory terms or phrases that are not defined in the Chapter retain the meaning provided for in the pertinent agency's regulations unless a different meaning is assigned in the applicable regulations under the CZMA. Source Note: The provisions of this §30.11 adopted to be effective July 10, 2023, 48 TexReg 3677. 1 GENERAL LAND OFFICE 30 PROCEDURES FOR FEDERAL CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND POLICIES §30.11 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214209&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214209 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214209&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214209 03/11/2026 (a) For purposes of this section, the following federal actions within the CMP boundary may adversely affect coastal natural resource areas (CNRAs) within the coastal zone. This list of federal actions includes federal agency activities, federal license or permit activities, and federal assistance applications that are subject to CZMA federal consistency review by the GLO.(1) Federal Agency Activities and Development Projects. For all actions proposed by or on behalf of federal agencies that may have reasonably foreseeable effects on CNRAs, a consistency determination or negative determination must be submitted to the GLO pursuant to the requirements of the Federal Consistency regulations found at 15 CFR Part 930, subpart C.(A) United States Department of the Interior:(i) modifications to the boundaries of the Coastal Barrier Resource System under 16 United States Code Annotated, §3503(c); and(ii) OCS lease sales within the western and central Gulf of Mexico under 43 United States Code Annotated, §1337;(B) United States Environmental Protection Agency. Selection of remedial actions under 42 United States Code Annotated, §9604(c);(C) United States Army Corps of Engineers:(i) small river and harbor improvement projects under 33 United States Code Annotated, §577;(ii) water resources development projects under 42 United States Code Annotated, §1962d-5;(iii) small flood control projects under 33 United States Code Annotated, §701s;(iv) small beach erosion control projects under 33 United States Code Annotated, §426g;(v) operation and maintenance of civil works projects under the Code of Federal Regulations, Title 33, Parts 335 and 338;(vi) dredging projects under the Code of Federal Regulations, Title 33, Part 336;(vii) approval for projects for the prevention or mitigation of damages to shore areas attributable to federal navigation projects pursuant to 33 United States Code Annotated, §426i; and(viii) approval for projects for the placement on state beaches of beach-quality sand dredged from federal navigation projects pursuant to 33 United States Code Annotated, §426j;(D) Federal Emergency Management Agency:(i) model floodplain ordinances; and(ii) approval of a community's participation in the National Flood Insurance Program (NFIP) under the Code of Federal Regulations, Title 44, Part 59, subpart B;(E) General Services Administration:(i) acquisitions under 40 United States Code Annotated, §602 and §603; and(ii) construction under 40 United States Code Annotated, §605;(F) All federal agencies:(i) all other development projects; and(ii) natural resource restoration plans developed pursuant to the Oil Pollution Act of 1990 (33 United States Code Annotated §§2701-2761) and the Comprehensive Environmental Response, Compensation and Liability Act (42 United States Code Annotated §§9601-9675).(2) Federal license or permit activities. For all actions proposed by an applicant a consistency certification must be submitted to the GLO pursuant to the requirements of the Federal Consistency regulations in 15 CFR Part 930, subpart D.(A) Environmental Protection Agency:(i) National Pollution Discharge Elimination System (NPDES) permits under 33 United States Code Annotated, §1342;(ii) ocean dumping permits under 33 United States Code Annotated, §1412;(iii) approvals of land disposal of wastes under 42 United States Code Annotated, §6924(d);(iv) development of total maximum daily loads (TMDLs) and associated federally developed TMDL implementation plans under 33 United States Code Annotated, §1313; and(v) approvals of National Estuary Program Comprehensive Conservation Management Plans under 33 United States Code Annotated, §1330f;(B) United States Army Corps of Engineers:(i) ocean dumping permits under 33 United States Code Annotated, §1413;(ii) dredge and fill permits under 33 United States Code Annotated, §1344;(iii) permits under §9 of the Rivers and Harbor Act of 1899, 33 United States Code Annotated, §401;(iv) permits under §10 of the Rivers and Harbor Act of 1899, 33 United States Code Annotated, §403; and(v) Memoranda of Agreement for mitigation banking;(C) United States Department of Transportation:(i) approvals under §7(a) of the Federal-Aid Highway Amendments Act of 1963, 23 United States Code Annotated, §106;(ii) approvals under §502 of the General Bridge Act of 1946, 33 United States Code Annotated, §525; and(iii) Deepwater port licenses under 33 United States Code Annotated, §1503;(D) Federal Aviation Administration: Airport operating certificates under 49 United States Code Annotated, §44702;(E) Federal Energy Regulatory Commission:(i) certificates under §7 of the Natural Gas Act, 15 United States Code Annotated, §717f;(ii) licenses under §4 of the Federal Power Act, 16 United States Code Annotated, §797(e); and(iii) exemptions under §403 of the Public Utility Regulatory Policies Act of 1978,16 United States Code Annotated, §2705(d);(F) Nuclear Regulatory Commission. Licenses under §103 of the Atomic Energy Act of 1954, 42 United States Code Annotated, §2133.(3) State and Local Government Applications for Federal Assistance. Federal financial assistance awards may be subject to federal consistency review in accordance with the procedures specified at 15 CFR §§ 930.98 and 930.54 with the approval of the Office for Coastal Management within the National Oceanic and Atmospheric Administration.(b) OCS Exploration Plans and Development and Production Plans. 43 United States Code, §§1340(c) and 1351. United States Department of the Interior. This includes federal agency actions requiring a license or permit described in detail in OCS plans, including pipeline activities.(c) In the event the GLO elects to review a proposed federal agency activity of a type that is unlisted in subsection (a)(1) of this section the GLO will follow the federal regulations process set out in 15 CFR §930.34(c). If the GLO elects to review a proposed federal license or permit activity of a type that is unlisted in subsection (a)(2) of this section, the GLO will follow the procedures set out in 15 CFR §930.54. Source Note: The provisions of this §30.12 adopted to be effective July 10, 2023, 48 TexReg 3677. 1 GENERAL LAND OFFICE 30 PROCEDURES FOR FEDERAL CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND POLICIES §30.12 Federal Listed Activities Subject to CZMA Review https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214210&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214210 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214210&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214210 03/11/2026 (a) Review of a Consistency Determination. When reviewing a federal agency activity or development project for consistency with the goals and enforceable policies of the CMP, the GLO shall follow the requirements and procedures provided in 15 CFR Part 930, subpart C.(b) Required Information for a Consistency Determination. A federal agency considering the approval of a federal agency activity or development project listed in §30.12 of this chapter (relating to Federal Listed Activities Subject to CZMA Review) shall provide the GLO with a consistency determination that incorporates the information described in 15 CFR §930.39 as early as practicable, but no later than 90 days prior to final approval of the activity. The consistency determination shall include a detailed description of the activity, its associated facilities, and their coastal effects, and comprehensive data and information sufficient to support the federal agency's consistency statement. The amount of detail in the evaluation of the enforceable policies, activity description and supporting information shall be commensurate with the expected coastal effects of the activity. The federal agency may submit the information in any manner it chooses, so long as the requirements of subpart C are satisfied as set out in 15 CFR in §930.39. Additionally, the consistency determination should include a brief statement indicating whether the proposed activity will be undertaken in a manner consistent to the maximum extent practicable with the enforceable policies of the CMP in accordance with 15 CFR §930.39(a).(c) Request for Information. GLO staff may request information from a federal agency if the federal agency provides an incomplete consistency determination, the GLO notifies the federal applicant in accordance with federal regulations of the incomplete submission, and the requested information is the type of information required for a consistency determination review as identified in 15 CFR §930.39(a).(d) NEPA or Other Project Documents. A federal agency may provide the GLO with information contained in NEPA documents or other project documents to provide some of the comprehensive data and information sufficient to support the federal agency's consistency determination under 15 CFR §930.39(a).(e) Demonstration of Consistency. If a federal agency elects to rely on information contained in NEPA documents or other project documents to demonstrate consistency to the maximum extent practicable with the goals and enforceable policies of the CMP, the federal agency should demonstrate how the materials support a finding of consistency of the goals and enforceable policies of the CMP, in accordance with 15 CFR §930.39(a). This section notes that a consistency determination embedded within a NEPA document should meet all of the information requirements of 15 CFR §930.39(a), which can include a reference to the findings of the NEPA document. Federal agencies are not required to file applications for state and local permits and other authorizations, unless required to do so by provisions of federal law other than the CZMA. However, federal agencies are required to demonstrate that the proposed activity is consistent to the maximum extent practicable with the applicable state and local enforceable policies underlying the permits. Where the law authorizes or requires a federal agency to apply for state and local permits and other authorizations, the GLO will consider such applications when determining whether the federal activity or development project is consistent with the enforceable policies underlying the permit or authorization. See 15 CFR §930.39(a).(f) Public Participation. The GLO shall provide public participation consistent with the provisions of 15 CFR §930.42. The GLO may also issue joint public notices with the federal agency involved. The GLO may extend the public comment period or schedule a public meeting on the consistency determination. Comments received in response to the public notice will be considered.(g) Referral to Commissioner. To refer a matter to the commissioner for an elevated consistency review, at least three committee members must agree that a significant unresolved issue exists regarding consistency with the CMP goals and enforceable policies. At least three committee members must also submit in writing a letter or email addressed to the CMP coordinator that requests the matter at issue to be referred to the commissioner for an elevated consistency review. The referral letter or email should identify any enforceable policies that are unresolved and address any potential impacts to coastal natural resource areas.(h) Commissioner Review. Following referral of a federal agency activity or development project to the commissioner for an elevated consistency review, the commissioner shall consider:(1) oral or written testimony received during the comment period. The commissioner may reasonably limit the length and format of the testimony and the time at which it may be received;(2) applicable CMP goals and enforceable policies set out in 31 Texas Administrative Ch. 26;(3) information submitted by the federal agency or applicant; and(4) other relevant information to determine whether the proposed action is consistent with the CMP goals and enforceable policies.(i) Review Period. The GLO will provide a decision or status update to the federal agency within sixty (60) days from receipt of the administratively complete consistency determination. If the GLO is unable to complete the review of the consistency determination within the initial sixty (60) day review period, the GLO will notify the federal agency in writing of the status of the review, the basis for delay, and the GLO will follow the procedures set out in 15 CFR §930.36(b)(2) if an additional fifteen (15) days for review is necessary. If no action is taken by the GLO after sixty (60) days from the date an administratively complete consistency determination was submitted and additional time is not sought under 15 CFR §930.36(b)(2), the federal agency may presume the GLO's concurrence.(j) Commissioner Objection. If the commissioner objects to the consistency determination, the federal agency will be notified of the objection by the GLO prior to the time, including any extensions, that the federal agency is entitled to presume the activity's consistency. The content of the commissioner's objection will conform to the requirements set out in 15 CFR §930.43.(k) Mediation. If the commissioner finds that a proposed activity is inconsistent with the CMP goals and enforceable policies and the federal agency does not modify the activity to achieve consistency with the program, the governor, with the assistance of the commissioner, may seek secretarial mediation or OCM mediation as set out in 15 CFR §§930.110 et seq.(l) Final Approval. Final federal agency action for a federal agency activity identified in §30.12(a) of this chapter shall not be taken sooner than ninety (90) days from the receipt by the GLO of the consistency determination, unless the federal agency and GLO agree to an alternative period of time or unless the GLO concurs or the concurrence is presumed. Source Note: The provisions of this §30.20 adopted to be effective July 10, 2023, 48 TexReg 3677. 1 GENERAL LAND OFFICE 30 PROCEDURES FOR FEDERAL CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND POLICIES §30.20 Consistency Determinations for Federal Agency Activities and Development Projects https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214211&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214211 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214211&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214211 03/11/2026 (a) Review of a Consistency Certification. When reviewing a consistency certification submitted by a non-federal applicant for a federal license or permit activity listed under §30.12 of this chapter, the GLO shall conform to the requirements and procedures set out in 15 CFR Part 930, subpart D. The federal license or permit activity must be consistent with the CMP goals and enforceable policies.(b) Required Information for a Consistency Certification. For review of a federal license or permit activity application, an applicant must submit to the GLO a complete consistency certification in conformance with 15 CFR §930.57 and all necessary data and information described in 15 CFR §930.58 and including the following:(1) all material relevant to the CMP provided to the federal agency in support of the application;(2) a detailed description of the proposed activity, its associated facilities, the coastal effects, and any other information relied upon by the applicant to make its certification. Maps, diagrams, and technical data shall be submitted when a written description alone will not adequately describe the proposal. See 15 CFR §930.58;(3) if a mitigation plan is required, an alternative analysis, habitat characterization, and any required surveys for the license or permit must be submitted; and(4) the consistency certification must also provide: "The proposed activity complies with enforceable policies of Texas' approved coastal management program and will be conducted in a manner consistent with such program." See 15 CFR §930.57(b).(c) Request for Necessary Data and Information. If an applicant fails to submit all necessary data and information required by 15 CFR §930.58(a), the GLO shall notify the applicant and the federal agency, within thirty (30) days of receipt of the incomplete submission, that necessary data and information described in 15 CFR §930.58(a) was not received and that the GLO's review period will commence on the date of receipt of the missing necessary data and information, subject to the requirement in paragraph (a) of 15 CFR §930.58 that the applicant has also submitted a consistency certification. The GLO may waive the requirement that all necessary data and information described in 15 CFR §930.58(a) be submitted before commencement of the six (6) month consistency review period. In the event of such a waiver, the requirements of §930.58(a) must be satisfied prior to the end of the six (6) month consistency review period or the GLO may object to the consistency certification for insufficient information. The type of information that may be requested is identified in subsection (b) of this section consistent with the information requirements specified at 15 CFR §930.58(a).(d) Review Period. To initiate the GLO's six (6) month review period, the necessary data and information that is required by 15 CFR §930.58 and subsection (b) of this section must be provided to the GLO. The GLO cannot require issued state or local permits as necessary data or information to initiate the review period. If at the end of this review period, the applicant has failed to obtain all required state and local permits this may result in a finding by the GLO that it lacks the required information to complete the consistency review and may object for lack of information.(e) Mutual Stay Agreement. The GLO and the applicant may enter into a mutual written agreement to stay the CZMA review period to allow for resolution of the remaining issues as provided for at 15 CFR §930.60(b).(f) Permit Assistance. Upon request of the applicant, the GLO will provide guidance and assistance to applicants in conformance with 15 CFR §930.56.(g) Consolidation of Federal License or Permit Activities. The GLO encourages applicants to consolidate related federal license or permit activities identified in §30.12 of this chapter (relating to Federal Listed Activities Subject to CZMA Review) to assist the GLO in minimizing duplication of effort and unnecessary delays by reviewing all federal license or permit activities relating to a project at the same time.(h) Public Participation. The GLO shall provide for public participation consistent with the provisions of 15 CFR §930.61. The GLO may issue joint public notices with the federal permitting or licensing agency. The GLO may also extend the public comment period or schedule a public meeting on the consistency certification. Comments received in response to the public notice will be considered.(i) Demonstration of Consistency. For activities located within the state's jurisdiction that require state or local permits or authorization, the issued permit or authorization is considered evidence that demonstrates consistency with the enforceable policies that the permit or authorization covers. In cases where an applicant relies on draft NEPA documents to satisfy some of the necessary data and information requirements for federal consistency review under subsection C, an applicant should demonstrate how draft NEPA or other project documentation materials support a finding of consistency with the CMP goals and enforceable policies in a written document.(j) Referral to Commissioner. To refer a matter to the commissioner for an elevated consistency review, at least three committee members must agree that a significant unresolved issue exists regarding consistency with the CMP goals and enforceable policies. At least three committee members must also submit in writing a letter or email addressed to the CMP coordinator that requests the matter at issue to be referred to the commissioner for an elevated consistency review. The referral letter or email should identify any enforceable policies that are unresolved and address any potential impacts.(k) Commissioner Review. Following referral of a federal activity or development project to the commissioner for an elevated consistency review, the commissioner shall consider:(1) oral or written testimony received during the comment period and the commissioner may reasonably limit the length and format of the testimony and the time at which it may be received;(2) applicable CMP goals and enforceable policies;(3) information submitted by the federal agency or applicant; and(4) other relevant information to determine whether the proposed action is consistent with the CMP goals and enforceable policies.(l) Presumption of Concurrence. If the GLO has not issued a decision with respect to a proposed federal license and permit activity within ninety (90) days from the date when the GLO receives an administratively complete consistency certification, then the GLO shall notify the applicant and the federal agency of the status of the review and the basis for further review. If no action is taken by the GLO or the commissioner within six (6) months from the date the GLO received the complete consistency certification, then the action is conclusively presumed to be consistent with the CMP.(m) Commissioner Objection. Once a matter has been elevated to the commissioner for a consistency review with the CMP goals and enforceable policies, the commissioner may object to the consistency certification as provided for in 15 CFR §930.63(h).(n) Right of Appeal. If the commissioner finds that the proposed federal license or permit activity is inconsistent with the CMP enforceable policies and objects to the consistency certification, GLO shall notify the applicant of its appeal rights to the U.S. Secretary of Commerce, and the federal agency shall not authorize the federal license or permit activity, except as provided in the appeals process established in 15 CFR Part 930, subpart H. Source Note: The provisions of this §30.30 adopted to be effective July 10, 2023, 48 TexReg 3677. 1 GENERAL LAND OFFICE 30 PROCEDURES FOR FEDERAL CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND POLICIES §30.30 Consistency Certifications for Federal License or Permit Activities https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214212&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214212 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214212&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214212 03/11/2026 (a) Review of a Consistency Certification for an OCS Plan. When reviewing an OCS plan for consistency with the goals and enforceable policies of the CMP, the GLO shall follow the requirements and procedures provided in 15 CFR Part 930, subpart E and 43 USC §§1331-1356(a). The federal regulations, 15 CFR Part 930, subpart E, provide that OCS plans submitted to the U.S. Secretary of the Interior for OCS exploration, development and production, and all associated federal licenses and permits described in detail in such OCS plans, shall be subject to federal consistency review.(b) Consistency Certification. Any person, as defined at 15 CFR §930.72, submitting any OCS plan to the Secretary of the Interior or designee shall provide a copy of the plan along with a consistency certification that states as follows: "The proposed activities described in detail in this plan comply with Texas' approved coastal management program and will be conducted in a manner consistent with the program." The Secretary of the Interior or designee shall provide the plan and consistency certification to the GLO. See 15 CFR §930.76.(c) Request for Information. The GLO's six (6) month review period on a consistency certification for an OCS plan begins on the date the GLO receives the information required at 15 CFR §930.76, and all the necessary data and information required at 15 CFR §930.58(a). Pursuant to 15 CFR §930.60(a), within thirty (30) days of an incomplete submission, the GLO shall inform the person submitting the OCS plan that the GLO six (6) month review period will commence on the date of receipt of the missing consistency certification or necessary data and information. The GLO may waive the requirement that all necessary data and information described in 15 CFR §930.58(a) be submitted before commencement of the State agency's six (6) month consistency review. In the event of such a waiver, the requirements of 15 CFR §930.58(a) must be satisfied prior to the end of the six (6) month consistency review period or the GLO may object to the consistency certification for insufficient information.(d) Consolidation of Related Authorizations. The GLO encourages persons submitting OCS plans to consolidate related federal licenses and permits that are not required to be described in detail in the plan but which are subject to GLO review. This consolidation will minimize duplication of effort and unnecessary delays by providing for review of all licenses and permits relating to an OCS plan at the same time. See 15 CFR §930.81.(e) Public Participation. The GLO shall provide for public participation consistent with the provisions of 15 CFR §930.77. After the close of the public comment period on the OCS plan's consistency certification, the GLO will consider comments received in response to the public notice. The GLO may extend the public comment period or schedule a public meeting on the consistency certification.(f) Referral to Commissioner. If three committee members agree there is a significant unresolved issue regarding the OCS Plan's consistency with the CMP goals and enforceable policies relating to any part of the OCS plan, the matter may be referred to the commissioner for an elevated consistency review. To refer the matter to the commissioner, three committee members must submit the request for referral to the CMP coordinator in writing. The CMP coordinator will immediately notify the committee members, applicant, federal agency, and other affected parties that the matter has been elevated for commissioner review. The referral letter or email should identify any enforceable policies that are unresolved and address any potential impacts.(g) Commissioner Review. The commissioner shall review any part of an OCS plan relating to federal agency actions required to authorize proposed activities described in detail in the OCS plan which any three committee members agree presents a significant unresolved issue regarding consistency with the CMP goals and enforceable policies. Following referral for review, the commissioner shall consider:(1) oral or written testimony received during the comment period. The commissioner may reasonably limit the length and format of the testimony and the time at which it may be received;(2) applicable CMP goals and enforceable policies;(3) information submitted by the federal agency or person; and(4) other relevant information to determine whether the proposed action is consistent with the CMP goals and enforceable policies.(h) Review Period. If the GLO has not issued a decision with respect to a matter referred under the provisions of this section, within three (3) months from the date when the GLO received the administratively complete consistency certification, then the GLO staff shall notify the person submitting the plan, the Secretary of the Interior, and the OCM Director of the status of the review and the basis for further delay. See 15 CFR §930.78. The GLO's review period is up to six (6) months but a concurrence may be presumed at three (3) months if GLO has taken no action.(i) Presumption of Concurrence. If GLO does not act on an OCS plan within three (3) months of the date when the GLO receives an administratively complete consistency certification, then the GLO's concurrence with the consistency certification shall be conclusively presumed. See 15 CFR §930.78. If the GLO provides a status of review letter within three (3) months and continues its review, a concurrence may be presumed at six (6) months. If the GLO issues a concurrence or concurrence is conclusively presumed, then the person submitting the plan shall not be required to submit additional consistency certifications to the GLO for the individual federal authorizations that will be required to authorize the activities described in detail in the OCS plan as set out in 15 CFR §930.79.(j) Commissioner Objection. If the commissioner objects to a consistency certification related to a federal license or permit activity authorizing an activity described in detail in an OCS plan, the federal agency shall not act on the federal action when it is proposed, except as provided in the appeals process established in the 15 CFR §§930.120 et seq. The contents of the commissioner's objection will conform to the requirements set out in 15 CFR §930.79 and will notify the person of its appeal rights to the U.S. Secretary of Commerce. Source Note: The provisions of this §30.40 adopted to be effective July 10, 2023, 48 TexReg 3677. 1 GENERAL LAND OFFICE 30 PROCEDURES FOR FEDERAL CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND POLICIES §30.40 Consistency Certifications for Outer Continental Shelf (OCS) Exploration, Development, and Production Activities https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214213&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214213 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214213&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214213 03/11/2026 (a) Below Thresholds. If a proposed activity requiring a state agency or subdivision action falls below thresholds for referral approved under Chapter 29, Subchapter B of this title (relating to Commissioner Certification of State Agency Rules and Approval of Thresholds for Referral) and requires an equivalent federal permit or license under this chapter, the GLO may only determine the state agency or subdivision action's consistency by using the process provided in Chapter 29 of this title (relating to Commissioner Procedure for State Consistency with Coastal Management Program Goals and Policies). The GLO's determination regarding the consistency of an action under this subsection constitutes the state's determination regarding consistency of the equivalent federal action.(b) Above Thresholds. If an activity requiring a state agency or subdivision action is above thresholds and requires an equivalent federal permit or license, the GLO may determine the consistency of the state agency or subdivision action or the federal license or permit but may only conduct either a state or a federal consistency review, not both. Texas Natural Resource Code, §33.206(f), as amended by SB 656.(c) Equivalent State Action or Federal Action. Determinations regarding the consistency of an action made by the GLO under §§30.60(a) and (b) constitute the state's determination regarding consistency of the equivalent agency or subdivision action or federal action. Texas Natural Resource Code, §33.206(f), as amended by SB 656. Source Note: The provisions of this §30.60 adopted to be effective July 10, 2023, 48 TexReg 3677. 1 GENERAL LAND OFFICE 30 PROCEDURES FOR FEDERAL CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND POLICIES §30.60 Equivalent Federal and State Actions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=118611&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 118611 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=118611&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 118611 03/11/2026 (a) Any person, referred to herein as 'petitioner,' by submitting an administratively complete petition as set forth in subsection (b) of this section, may request that the department adopt, amend, or repeal a rule. Petitions will be deemed submitted only when actually received in written form by the department.(b) A petition shall be deemed administratively complete when the following conditions have been satisfied. A petition shall:(1) clearly state or describe the complete text of the proposed rule or amendment, or describe the rule to be repealed together with the text to be repealed;(2) explain the reason or justification for the requested regulatory action; and(3) be accompanied by a mailing address, electronic mail address, and/or telephone number for the petitioner.(c) The department may request any additional information deemed necessary to adequately consider the proposal submitted.(d) A petition that is not administratively complete shall be returned to the petitioner with a written explanation of its deficiencies. Source Note: The provisions of this §51.2 adopted to be effective June 18, 1996, 21 TexReg 5165; amended to be effective February 25, 2001, 26 TexReg 1749; amended to be effective January 3, 2005, 29 TexReg 12225. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 51 EXECUTIVE A PROCEDURES FOR THE ADOPTION OF RULES §51.2 Content and Submission of Petitions for Rulemaking https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160100&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 160100 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160100&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 160100 03/11/2026 (a) An administratively complete petition shall be referred to the appropriate agency personnel for review and recommended action.(b) Within 15 days of receiving a petition, agency personnel shall make a recommendation to the executive director to either deny the petition or initiate rulemaking, and shall include reasons for the recommendation.(c) The executive director shall forward to each member of the commission a copy of the petition and the staff recommendation.(d) If the staff recommendation is to initiate rulemaking, the executive director shall place the petition on the agenda of a commission meeting and notify the petitioner in writing of the date, time, and place of the commission meeting at which the petition will be deliberated.(e) If the staff recommendation is to deny the rulemaking and, by the 50th day following the submission of the petition, no member of the commission has determined that further deliberations are warranted, the petition will be considered denied. The department shall notify the petitioner in writing of the staff recommendation and final disposition of the petition by no later than the 60th day after submission of the petition.(f) In the event that rulemaking is to be initiated as a result of a petition involving any portion of Chapter 65, Subchapter A of this title (relating to Statewide Hunting Proclamation), or Chapter 57, Subchapter N of this title (relating to Statewide Recreational and Commercial Fishing Proclamation), the department may defer the rulemaking activity until such time as it initiates other rulemaking activity involving Chapter 65, Subchapter A of this title or Chapter 57, Subchapter N of this title.(g) If a petition for rulemaking seeks essentially the same action as a petition that has been denied within the preceding six months, then the executive director may deny the petition without forwarding the petition to commissioners. Source Note: The provisions of this §51.3 adopted to be effective February 25, 2001, 26 TexReg 1749; amended to be effective October 13, 2003, 28 TexReg 8952; amended to be effective January 3, 2005, 29 TexReg 12225; amended to be effective February 2, 2009, 34 TexReg 664; amended to be effective January 2, 2013, 37 TexReg 10221. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 51 EXECUTIVE A PROCEDURES FOR THE ADOPTION OF RULES §51.3 Consideration and Disposition of Petitions for Rulemaking https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=179350&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 179350 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=179350&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 179350 03/11/2026 (a) The executive director or the executive director's designee may execute an agreement on behalf of the department, including but not limited to a contract for the purchase of goods or services that has a value exceeding $1 million, provided the agreement is in the best interests of the department.(b) Subject to the provisions of subsection (a) of this section, the executive director shall develop and implement internal policies and procedures to ensure that:(1) contracts are awarded in a manner that is fair and equitable and in compliance with applicable statutes and regulations; and(2) contracts and contract templates are reviewed and approved by appropriate agency staff, including, but not limited to, the general counsel or designated attorney prior to final approval and signature.(c) Unless otherwise prohibited by statute or department regulation, the executive director may delegate signature authority for contracts with a total dollar value of less than $1 million, subject to the policies and procedures implemented pursuant to subsection (b) of this section. Source Note: The provisions of this §51.60 adopted to be effective January 31, 2000, 25 TexReg 597; amended to be effective January 3, 2005, 29 TexReg 12225; amended to be effective August 16, 2016, 41 TexReg 6046. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 51 EXECUTIVE B AUTHORITY TO CONTRACT §51.60 Authority to Contract https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223400&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 223400 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223400&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 223400 03/11/2026 (a) Except as otherwise provided in this section, before the department enters into a contract, the department will determine if enhanced monitoring of the contract and the contractor's performance is required.(b) In determining if a contract requires enhanced contract monitoring, the department will consider the following factors, to the extent applicable:(1) Total Contract Price. The department will consider the estimated dollar amount of the contract. Contracts with a higher dollar amount are more likely to require enhanced contract monitoring.(2) Total Contract Duration. The department will consider anticipated overall contract period including renewal options. Longer term contracts are more likely to require enhanced contract monitoring.(3) Funding Source. The department will consider the complexity of and restrictions associated with funding sources for the contract. Contracts funded from multiple types or sources of funding and contracts funded with restricted or time-limited funds are more likely to require enhanced contract monitoring.(4) User Impacts. The department will consider the extent and number of persons impacted by this contract. Contracts with wider impacts are more likely to require enhanced contract monitoring.(5) Criticality of Deliverable Timing. The department will consider the impact to the agency if contract deliverables are delayed. Contracts for which timely completion is critical are more likely to require enhanced contract monitoring.(6) Impact of Contract Failure. The department will consider the impact to the department and the state if the contractor fails to deliver as required in the contract. Contracts for which failure would have statewide impacts, would result in violation of state or federal mandates, or would result in the loss of substantial funds are more likely to require enhanced contract monitoring.(7) Locations Impacted. The department will consider the number of locations impacted by the contract. Contracts that will be implemented in multiple locations around the state are more likely to require enhanced contract monitoring.(8) Availability of Resources for Contract Management. The department will consider the extent of resources readily available to manage the contract. Contracts for which resources are limited or for which consultants or temporary staff are required to manage the contract are more likely to require enhanced contract monitoring.(9) Complexity of Project. The department will consider the complexity of requirements and resources to be managed. Contracts with more complex requirements involving external experts or evaluators are more likely to require enhanced contract monitoring.(10) Health and Safety Risk. The department will consider how the contract would impact the health and safety of department employees and the general public. Contracts that are required to reduce or eliminate health and safety risks are more likely to require enhanced contract monitoring.(11) Business Process Impact. The department will consider the level of impact to the department's business processes. Contracts that will have department-wide business impacts are more likely to require enhanced contract monitoring.(12) Payment Methodology Risks. The department will consider the complexity of the methodology for calculating and making payments under the contract. Contracts with more complex payment methodology are more likely to require enhanced contract monitoring.(13) End Users' Training Needs. The department will consider the extent of training required for end-users as a result of the contract. Contracts requiring extensive training by a vendor or external trainers are more likely to require enhanced contract monitoring.(14) Software Technology Customization. With regard to a technology contract, the department will consider the level of software customization required. Technology contracts that involve a fully customized software solution are more likely to require enhanced contract monitoring.(15) Impact on Existing Technology. With regard to a technology contract, the department will consider whether the technology application which is the subject of the contract is an enhancement, replacement or new technology and the impact on existing technology applications or infrastructure. Contracts for a new technology service or product that will impact existing technology applications or infrastructure are more likely to require enhanced contract monitoring.(16) Interface Connectivity. With regard to technology contracts, the department will consider the number of existing technology applications with which any new technology will need to interface. Technology contracts that will interface with multiple department systems are more likely to require enhanced contract monitoring.(17) Additional Factors. The department will consider additional factors that it determines appropriate, in accordance with Government Code, §2261.253(c).(c) The department may determine, after considering the factors listed in subsection (b) of this section, that certain types or classes of contracts are low risk and have a low likelihood of serious issues, and are not required to be individually considered for enhanced contract monitoring.(d) The department's director of contracting and procurement will notify the executive director who will notify the Parks and Wildlife Commission regarding any serious risk or issue identified in connection with a contract subject to enhanced contract monitoring. Source Note: The provisions of this §51.61 adopted to be effective August 16, 2016, 41 TexReg 6046; amended to be effective January 19, 2025, 50 TexReg 426. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 51 EXECUTIVE B AUTHORITY TO CONTRACT §51.61 Enhanced Contract Monitoring https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160103&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 160103 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160103&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 160103 03/11/2026 (a) Gifts of money or property $500 or more may be accepted by the executive director or his or her designee contingent upon approval by the Chair or Vice Chair of the commission or a commissioner authorized to approve such gifts pursuant to the commission's budget policy. The department may not accept or receive gifts or bequests from any source until such gifts or bequests have been approved for acceptance by the executive director or his or her designee. Acceptance of gifts is hereby delegated as follows.(1) Gifts or improvements valued at $499.99 or less and intended to aid a specific division or facility of the department may be approved for acceptance by the manager of the facility affected by the gift or other employees designated by the executive director.(2) Gifts or improvements valued at greater than $499.99 and less than or equal to $5,000 may be contingently accepted by the division director responsible for the facility affected by the gift or use of the gift.(3) Gifts or improvements valued at greater than $5,000 may be contingently accepted by the executive director or his or her designee. All gifts of real property or interests in real property may be accepted only by the commission.(b) The department may not accept a proposed improvement unless it is consistent with the park or facility master plan or public use program.(c) Neither a donor nor a closely related nonprofit organization may accept real property on behalf of the department unless previously approved by the executive director. Source Note: The provisions of this §51.70 adopted to be effective January 3, 2005, 29 TexReg 12225; amended to be effective February 2, 2009, 34 TexReg 665; amended to be effective January 2, 2013, 37 TexReg 10221. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 51 EXECUTIVE C EMPLOYEE FUNDRAISING AND SPONSORSHIPS §51.70 Gifts to the Department https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160104&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 160104 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160104&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 160104 03/11/2026 This section applies only to the solicitation or acceptance of a gift equal to or greater than $500 in value by a person employed by the Texas Parks and Wildlife Department.(1) An employee may solicit and accept a donation or gift in accordance with this subchapter as a part of the employee's officially authorized duties.(2) An employee authorized to solicit or receive a gift or donation under this subchapter shall maintain an accurate record of all such activities undertaken at state expense, and shall forward such records quarterly to the executive director or his or her designee.(3) An employee whose job duties include regulatory oversight of a business organization or other entity may not solicit or accept a gift or donation on behalf of the department from that entity. This does not prohibit soliciting or accepting a gift or donation from the holder of a noncommercial hunting or fishing license or a license issued under Parks and Wildlife Code, Chapter 43, Subchapter D or F.(4) No employee may solicit or accept a gift or donation as a consequence of administering or enforcing state law or a department regulation or policy. Source Note: The provisions of this §51.71 adopted to be effective January 3, 2005, 29 TexReg 12225; amended to be effective January 2, 2013, 37 TexReg 10221. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 51 EXECUTIVE C EMPLOYEE FUNDRAISING AND SPONSORSHIPS §51.71 Employee Fundraising Activities https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=118617&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 118617 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=118617&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 118617 03/11/2026 Advertising that is appropriate for youth viewing, within the meaning of Parks and Wildlife Code, §11.0172(c), means advertising that does not include any alcohol or tobacco products. Source Note: The provisions of this §51.72 adopted to be effective January 3, 2005, 29 TexReg 12225. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 51 EXECUTIVE C EMPLOYEE FUNDRAISING AND SPONSORSHIPS §51.72 Youth-appropriate Advertising https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203550&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 203550 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203550&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 203550 03/11/2026 (a) Hunter Education Course.(1) The Hunter Education Course must consist of instruction on the following subjects:(A) the safe handling and use of firearms and archery equipment;(B) wildlife conservation and management;(C) hunting laws and regulations of this state; and(D) hunting safety and ethics, including landowners' rights.(2) Subject to the restrictions and exceptions contained in this section, the Hunter Education Course required by this section may be delivered via:(A) classroom instruction not to exceed six hours;(B) a combination of online instruction and skills exercise (skills exercise of not less than four nor more than five hours in duration); or(C) online instruction only, for persons 17 years of age or older.(3) The Hunter Education Course required by this section may be provided by:(A) certified volunteer instructors who have successfully completed the department's game warden interview, background investigation, and an instructor training course; or(B) online instruction providers approved by the department.(4) The department may decertify instructors for:(A) violation of provisions of the Parks and Wildlife Code or regulations adopted pursuant to the Code;(B) falsification of records or documents; or(C) action that is detrimental to the objective of the program.(5) The department shall provide hunter education opportunities in each county of the state when a substantial number of residents request a class or at least once a year.(6) The department shall issue a certificate to persons who successfully complete the course. A duplicate certificate may be obtained online at the department's website at https://tpwd.texas.gov/education/hunter-education.(7) Nothing in this section shall be construed to prohibit a person from providing or receiving hunter education instruction in addition to that required by this section.(b) Hunter Education Requirements.(1) A person whose date of birth is after September 1, 1971, must successfully complete a Hunter Education Course described in subsection (a) of this section before the person may hunt with firearms or archery equipment in Texas.(2) A Texas Voluntary Hunter Safety Course successfully completed prior to June 1, 1989, satisfies the mandatory hunter education requirements of this section.(3) A person must be at least nine years of age to be certified.(4) A Hunter Education Course is successfully completed when the student:(A) has fulfilled the instructional requirements of subsection (a)(1) of this section;(B) is evaluated by the instructor or department-approved online instruction provider as acceptable in attitude, knowledge, and skill; and(C) has taken an examination prescribed by the department and scored a minimum of 75 percent.(5) The online-only Hunter Education Course is restricted to persons 17 years of age and older.(6) A person who is required to be certified must possess evidence of certification while hunting in Texas, which may include a photograph or electronic copy of valid certification stored on a wireless communication device.(7) Any individual is encouraged to take the course on a voluntary basis.(8) A person who is unable to pass the examination as the result of an existing medical condition may, upon authorization from the department, be granted certification.(9) A person who is exempt from the hunter education requirements under the provisions of Parks and Wildlife Code, §62.014(n) is exempt from the requirements of this section.(c) Other Non-certified Persons.(1) Persons under 17 years of age may hunt without certification if accompanied by a person 17 years of age or older who is licensed to hunt in Texas in accordance with the Parks and Wildlife Code and is in compliance with applicable hunter education requirements.(2) A person 17 years of age or older who is required to complete hunter education may hunt without certification if that person is:(A) in possession of a valid hunting license indicating that the person has selected the "Hunter Education Deferral" offered by the department; and(B) is accompanied by a person 17 years of age or older who is licensed to hunt in Texas in accordance with the Parks and Wildlife Code and is in compliance with applicable hunter education requirements.(3) For the purposes of this section, an uncertified person is considered as being accompanied if that person is within normal voice distance.(4) A hunter education deferral expires at the end of the license year for which it was purchased.(5) No person may select the hunter education deferral more than once.(6) A person who has been convicted of or received deferred adjudication for not having completed a mandatory hunter education course is prohibited from obtaining a hunter education deferral. Source Note: The provisions of this §51.80 adopted to be effective January 3, 2005, 29 TexReg 12225; amended to be effective May 26, 2008, 33 TexReg 4182; amended to be effective February 2, 2009, 34 TexReg 665; amended to be effective October 30, 2011, 36 TexReg 7333; amended to be effective September 19, 2013, 38 TexReg 6218; amended to be effective February 4, 2021, 46 TexReg 930. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 51 EXECUTIVE D EDUCATION §51.80 Mandatory Hunter Education https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215369&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 215369 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215369&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 215369 03/11/2026 (a) All courses approved for certification and equivalency exam processes must be approved by the department and must satisfy the minimum national standards adopted by the National Association of State Boating Law Administrators in effect on June 1, 2022.(b) Courses and equivalency exams shall consist of the following subjects:(1) Boats--boat uses, capacities, trailers, equipment, numbering, titling;(2) Boating safety--accident causes, prevention and emergency procedures;(3) Boating operation--preparation, float plans, navigation rules, navigation aids, local hazards and weather;(4) State laws--Texas Water Safety Act, Boating While Intoxicated (BWI) Laws, violation prevention and basic boating responsibilities; and(5) Information on how to prevent the spread of exotic harmful or potentially harmful aquatic plants, fish, and shellfish, including department-approved methods for cleaning:(A) a boat;(B) a boat's motor;(C) fishing and other equipment; and(D) a boat trailer.(c) The course is successfully completed when the student scores a minimum of 70% on a course exam prescribed by the department.(d) In lieu of a course, a person may complete an equivalency exam process consisting of a multiple-choice exam proctored by an agent appointed by the department or accessed through a department-sponsored web site.(1) Equivalency exam passage shall be set at a minimum 80 percent passing score.(2) A person who fails the equivalency exam must wait at least 24 hours to retake it.(e) The minimum age for certification is 12 years of age(f) The department shall:(1) train and certify boater education instructors upon completion of an application, background check, game warden interview and proof of student and instructor course completion;(2) administer all records of certifications; and(3) approve the standard form for a boater education identification to be issued to a person who successfully completes a boater education course or equivalency exam.(g) A person 18 years of age or older may obtain a one-time deferral from the boater-education requirements of Parks and Wildlife Code, §31.109, after paying the fee established in §53.50 of this title (relating to Training and Certification Fees) to the department.(1) A deferral under this subsection does not authorize any person to supervise the operation of a vessel by any other person.(2) A boater education deferral is valid for 15 consecutive days beginning on the date of purchase and ending at midnight of the 15th day following purchase.(h) The following are exempt from the boater education requirements of Parks and Wildlife Code, §31.109:(1) a member of the Armed Forces of the United States on active or reserve duty who is qualified as an officer of the deck underway, boat coxswain, boat officer, watercraft operator, or marine deck officer;(2) a member of the United States Merchant Marine; and(3) a person who possesses a valid Canadian Pleasure Craft Operator's Card issued in the person's name.(i) A person engaged in showing, testing, or demonstrating boats under Parks and Wildlife Code, §31.041(d), is exempt from the boater education course requirement while showing, testing, or demonstrating a boat. Source Note: The provisions of this §51.81 adopted to be effective January 3, 2005, 29 TexReg 12225; amended to be effective January 2, 2013, 37 TexReg 10225; amended to be effective February 16, 2014, 39 TexReg 766; amended to be effective March 29, 2020, 45 TexReg 2186; amended to be effective October 25, 2023, 48 TexReg 6214. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 51 EXECUTIVE D EDUCATION §51.81 Mandatory Boater Education https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203551&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 203551 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203551&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 203551 03/11/2026 A sick leave pool is established to provide for the alleviation of hardship caused to an employee and the employee's family if a catastrophic illness or injury forces the employee to exhaust all leave time earned by that employee and to lose compensation from the state.(1) The director of human resources is designated as the pool administrator.(2) The pool administrator, with the advice and consent of the executive director, will establish operating procedures consistent with the requirements of this section and relevant law governing operation of the pool.(3) Donations to the pool are strictly voluntary. Source Note: The provisions of this §51.141 adopted to be effective April 24, 1990, 15 TexReg 2037; amended to be effective January 3, 2005, 29 TexReg 12225; amended to be effective February 4, 2021, 46 TexReg 930. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 51 EXECUTIVE E LEAVE POOLS §51.141 Sick Leave Pool https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206803&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 206803 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206803&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 206803 03/11/2026 A family leave pool is established to provide eligible employees more flexibility in bonding and caring for children during a child's first year following birth, adoption, or foster placement, and caring for a seriously ill family member or the employee, including pandemic-related illnesses or complications caused by a pandemic.(1) The director of human resources is designated as the pool administrator.(2) The pool administrator, with the advice and consent of the executive director, will establish operating procedures consistent with the requirements of this section and relevant law governing operation of the pool.(3) Donations to the pool are strictly voluntary. Source Note: The provisions of this §51.142 adopted to be effective November 22, 2021, 46 TexReg 7891. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 51 EXECUTIVE E LEAVE POOLS §51.142 Family Leave Pool https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=217733&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 217733 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=217733&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 217733 03/11/2026 A leave pool is established to provide peace officers commissioned by the department with the opportunity to use annual leave or compensatory time donated to the pool for use as legislative leave on behalf of a law enforcement association.(1) The director of human resources is designated as the pool administrator.(2) The pool administrator, with the advice and consent of the executive director, will establish operating procedures consistent with the requirements of this section and relevant law governing operation of the pool.(3) Donations to the pool are strictly voluntary. Source Note: The provisions of this §51.143 adopted to be effective April 10, 2024, 49 TexReg 2194. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 51 EXECUTIVE E LEAVE POOLS §51.143 Peace Officer Legislative Leave Pool https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160105&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 160105 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160105&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 160105 03/11/2026 (a) The commission authorizes the executive director to assign any law enforcement or headquarters staff employee to operate departmental vehicles without inscriptions.(b) Uninscribed vehicles will be other than those operated for routine patrol duty or which are normally used to conduct ordinary public business of the department.(c) Uninscribed vehicles will be used primarily to conduct law enforcement investigations and to carry out special assignments made by the executive director when it is advantageous for successful enforcement of the law and to reach goals of the department as established by the legislature and the commission.(d) The commission authorizes the executive director to approve inscriptions other than those described in Transportation Code, Chapter 721, so long as such inscriptions:(1) do not obscure any required inscriptions;(2) have been approved in writing in advance by the department's executive director or designee;(3) are in the best interest of the department and do not conflict with the department's mission and goals; and(4) are not more prominent than and do not overshadow the role of the department. Source Note: The provisions of this §51.151 adopted to be effective October 3, 1996, 21 TexReg 9168; amended to be effective January 2, 2013, 37 TexReg 10221. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 51 EXECUTIVE F VEHICLES §51.151 Vehicle Inscriptions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=88913&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 88913 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=88913&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 88913 03/11/2026 (a) Each agency vehicle, with the exception of a vehicle assigned to a field employee, shall be assigned to the agency motor pool and be available for checkout.(b) The agency may assign a vehicle to an individual administrative or executive employee on a regular basis only if the agency makes a written documented finding that the assignment is critical to the needs and mission of the agency. Source Note: The provisions of this §51.152 adopted to be effective September 2, 2001, 26 TexReg 6714. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 51 EXECUTIVE F VEHICLES §51.152 Assignment and Use of Agency Vehicles https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190172&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 190172 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190172&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 190172 03/11/2026 The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Closely related nonprofit partner (CRNP)--A nonprofit partner that exists primarily for the purpose of a specific department property, facility, or program. Closely related nonprofit partners include, but are not limited to, friends groups associated with a specific department facility.(2) Commission--The Texas Parks and Wildlife Commission.(3) Department--Texas Parks and Wildlife Department.(4) Donor--A person who makes a contribution to the department for which there is no consideration or expectation of consideration in return.(5) Director--Executive director of the department.(6) Gift--A donation of money or property other than volunteer time for which there is no consideration or expectation of consideration in return.(7) Improvement--A permanent addition to real property which is in the nature of a fixture.(8) IRS 990--United States Internal Revenue Service Form 990, Return of Organization Exempt from Tax.(9) In-kind donation--A non-cash donation, such as services, personal property or real property.(10) Local sponsorship--A campaign to raise funds in support of a department program that is intended to benefit a single department facility.(11) Nonprofit entity--An incorporated entity that is exempt from federal taxation under §501(c) of the Internal Revenue Code of 1986 (Title 26, United States Code).(12) Nonprofit partner (NP)--A nonprofit entity as defined by Parks and Wildlife Code, §11.201(1) that has been designated by the commission as a nonprofit partner of the department pursuant to Texas Parks and Wildlife Code, §11.202. "Nonprofit partners" include closely-related nonprofit partners and the official nonprofit partner.(13) Official nonprofit partner (ONP)--An entity designated as the official nonprofit partner of the department by the commission in accordance with Parks and Wildlife Code, §11.205.(14) Program--An activity, event or project undertaken by a nonprofit partner for the benefit of the department.(15) Regional director--A department manager who reports directly to a department division director and is responsible for the management of the portion of a division covering a defined geographic area of the state.(16) Sponsor--A person, corporation, company, or other organization that provides funds in support of a specific department project, program or event.(17) Sponsorship--The payment of money, transfer of property, or performance of services by a person, corporation, company, or other organization with respect to which there is no arrangement or expectation of any substantial return benefit other than recognition or a non-substantial benefit.(18) Statewide sponsorship--A sponsorship or campaign to raise funds in support of a department program that is intended to benefit more than a single department facility or is intended to reach the majority of the population of the state. Source Note: The provisions of this §51.161 adopted to be effective May 17, 2007, 32 TexReg 2655; amended to be effective March 19, 2018, 43 TexReg 1636. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 51 EXECUTIVE G NONPROFIT ORGANIZATIONS §51.161 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190176&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 190176 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190176&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 190176 03/11/2026 All NPs must meet the requirements and criteria of this section.(1) In order to be considered a NP of the department, the nonprofit organization must be designated by the commission voting in a public meeting. The commission will designate an ONP, as necessary.(2) The commission may remove a nonprofit partner from the NP list.(3) All NPs must carry out the fiscal, business, legal, and tax responsibilities of a nonprofit entity as required by state and federal law.(4) NPs must have obtained from the Internal Revenue Service a valid determination letter that it is an organization described in §501(c) of the Internal Revenue Code of 1986 (Title 26, United States Code), as amended. Such a letter must be obtained no later than 180 days after being designated by the commission as a NP.(5) A NPs' work with the department must be consistent with the department's mission and goals.(6) Upon dissolution, a NP may be required to dispose of funds raised for the benefit of the department in a way that will benefit the department, in accordance with applicable law.(7) NP's must be incorporated in accordance with the Texas Nonprofit Corporation Act (Business Organizations Code, Chapter 22).(8) Within 60 days of its designation as a nonprofit partner, each NP must enter into an agreement with the department detailing the responsibilities and duties of the nonprofit partner and the department. Each NP must maintain such an agreement with the department for as long as the entity is designated as a NP. The agreement may also address the obligations of a NP upon termination of the relationship between the NP and the department, including termination resulting from the dissolution of the NP.(9) NPs must promptly notify the department of any change in its legal or tax-exempt status. Source Note: The provisions of this §51.162 adopted to be effective May 17, 2007, 32 TexReg 2655; amended to be effective March 19, 2018, 43 TexReg 1636. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 51 EXECUTIVE G NONPROFIT ORGANIZATIONS §51.162 Criteria and General Requirements https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190173&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 190173 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190173&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 190173 03/11/2026 (a) NPs must comply with the general best practices prescribed in this subsection.(1) NPs shall not hold or obligate department funds.(2) NPs shall comply with all applicable rules, regulations, and laws, including all applicable laws regarding discrimination based on race, color, national origin, sex, age, and disability.(3) NPs shall not use or authorize the use of department intellectual property, including trademarks, logos, name, or seal, without the express written agreement of the department.(4) NPs shall not employ a department employee in a paid position or otherwise provide compensation or a direct personal benefit to a department employee. Provided, however, unless otherwise prohibited by law, benefits authorized by Penal Code, Chapter 36, are not prohibited by this subsection.(5) NPs may use equipment, facilities, or services of employees of the department only in accordance with a written agreement that provides for the payment of adequate compensation and/or identifies the benefit to the department for such use. Notwithstanding this subsection, a NP may use department facilities to the same extent and for the same fee as members of the public.(6) NPs shall conduct business in a way that will ensure public access and transparency. As used in this subsection, "transparency" shall mean that NP's business practices and internal processes are conducted in a way that is open, clear, measurable, and verifiable.(7) NPs shall file with the department and make available to the public an annual report that includes a list of the primary activities undertaken during the previous year, a summary of significant achievements and challenges over the previous year, and other information requested by the department.(8) Regardless of whether a NP is required to file an IRS 990 with the Internal Revenue Service, each NP must complete and file an IRS 990 with the department each year, regardless of income.(9) NPs shall file with the department their articles of incorporation, by-laws, and most recent financial statements, and any updates to these documents upon request of the department.(10) A NP shall not engage in activities that would require it or a person acting on its behalf to register as a lobbyist under Texas law, Texas Government Code, Chapter 305. However, this subsection is not intended to restrict a NP from providing information to the legislature or to other elected or appointed officials.(11) NPs shall not donate funds to a political campaign or endorse a political candidate.(12) NPs shall notify the department of all meetings and allow a department representative to attend all meetings, including, but not limited to, meetings of their general membership, managing board, and committees. Meeting notices must be provided to the department sufficiently in advance of the meeting so that the department representative has ample opportunity to attend. Such notice may be provided by letter, email, or telephone. A CRNP should also notify other CRNPs associated with the property, facility, or program of all meetings and allow a representative to attend.(b) In addition to subsection (a) of this section, the ONP must comply with the general best practices prescribed in this subsection.(1) The ONP must have an annual audit by an independent accounting firm and shall make the results of that audit available to the department.(2) The ONP must maintain an adequate directors and officers liability insurance policy. Source Note: The provisions of this §51.163 adopted to be effective May 17, 2007, 32 TexReg 2655; amended to be effective March 19, 2018, 43 TexReg 1636. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 51 EXECUTIVE G NONPROFIT ORGANIZATIONS §51.163 Best Practices (General) https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190174&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 190174 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190174&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 190174 03/11/2026 (a) All officers and directors of NPs must receive a copy of or a link to the department's Land and Water Resources Conservation and Recreation Plan.(b) In addition to subsection (a) of this section, NPs must comply with the best practices regarding officers and directors as prescribed in this section.(1) NPs must adopt and maintain a conflict of interest policy, which includes safeguards to prevent board members or their families from benefiting financially from any business decision of the NP.(2) NPs shall ensure that any compensation paid to executives or managers is reasonable.(3) NPs shall not elect or designate or otherwise select a department employee as an officer or director, other than as a non-voting uncompensated representative of the department.(4) NPs shall hold regular meetings of its Board of Directors.(5) NPs shall ensure that each board member and/or director is fully informed of activities and shall provide the following information to new board members:(A) articles of incorporation and by-laws;(B) most recent financial statements;(C) department rules on NPs and sponsorship; and(D) current agreements with the department. Source Note: The provisions of this §51.164 adopted to be effective May 17, 2007, 32 TexReg 2655; amended to be effective March 19, 2018, 43 TexReg 1636. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 51 EXECUTIVE G NONPROFIT ORGANIZATIONS §51.164 Best Practices (Officers and Directors) https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190175&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 190175 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190175&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 190175 03/11/2026 (a) All NPs must comply with the requirements of this subsection regarding fundraising.(1) NPs may conduct fundraising to provide additional funds for department operations, to enhance department programs, to provide long-term endowments for department programs, to facilitate special projects, or otherwise support the department in carrying out its mission, but only as agreed in writing by the department in advance.(2) NPs may undertake programs for the benefit of the department, so long as such programs are related to and supportive of the department's mission and are agreed to in writing by the department in advance. A single agreement may cover multiple programs.(3) NPs shall decline donations that require actions, including recognition, by the department for which the department has not given prior written consent.(4) Funds accepted by a NP for the benefit of the department are to be managed as a reasonably prudent person would manage funds if acting on his or her own behalf and such funds are to be accounted for according to Generally Accepted Accounting Principles (GAAP).(5) All projects undertaken for the department by a CRNP must be related to and supportive of the facility, property, or program with which a CRNP is associated or must further the CRNP's mission related to the facility, property or program.(6) All donations to a CRNP must benefit the facility, property, or program with which the CRNP is associated or must further the CRNPs mission related to the facility, property, or program.(7) For purposes of this subsection, a donation for the purpose of defraying the CRNP's operating costs furthers the CRNP's mission related to the facility, property, or program.(8) NPs shall adopt procedures that address acceptance and granting of funds raised to benefit projects and/or programs of the department.(b) Nothing in this subchapter shall limit the ability of a NP to make an unrestricted cash donation to the department. Such a donation may be for a specific purpose or program.(c) NPs may work together towards a common fundraising goal for the benefit of the department, consistent with the requirements of this subchapter. Source Note: The provisions of this §51.165 adopted to be effective May 17, 2007, 32 TexReg 2655; amended to be effective March 19, 2018, 43 TexReg 1636. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 51 EXECUTIVE G NONPROFIT ORGANIZATIONS §51.165 Best Practices (Fundraising) https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190178&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 190178 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190178&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 190178 03/11/2026 (a) NPs may solicit and accept sponsorships for department programs, so long as the NP complies with the provisions of this subsection and other written guidance that may be provided by the department.(1) All sponsorships of department programs and the level of sponsorship recognition provided by the department must have prior written approval of the department as set forth in this paragraph.(A) A statewide sponsorship and the associated sponsorship recognition must have prior written approval by the director.(B) A local sponsorship and the associated sponsorship recognition must have prior written approval by the regional director or equivalent whose area of responsibility includes the facility, property or program to be supported by the local sponsorship.(2) NPs shall not solicit or accept a sponsorship in support of a department program from:(A) a person or entity that has been determined by the department to conflict with either the department's mission or legislative mandates;(B) a person or entity that holds a commercial license issued by the department to the extent that the department is prohibited from accepting funds from such a person or entity under Parks and Wildlife Code, §11.026; or(C) a person or entity that is in litigation with the department at the time of consideration.(3) Sponsor recognition shall be limited as prescribed in this paragraph.(A) Sponsor recognition shall be solely in the context of the department program that the sponsor has supported with a financial or in-kind contribution.(B) Sponsor recognition shall be permitted only when the financial or in-kind contribution is greater than the costs associated with providing sponsor recognition.(C) Sponsor recognition shall not include signage of any kind on state-owned motor vehicles or trailers that were purchased or are maintained with department funds.(D) Sponsor recognition shall not overshadow the project, the purposes of the project, or the mission of the department or result in the role of the department being less prominent than that of the sponsor.(4) In determining the level of sponsorship recognition to provide, the department will consider:(A) the level of contribution as a percentage of the total funding required to execute or produce the program, event, or material;(B) the level of contribution as a percentage of total sponsorship dollars received;(C) the scope of exposure (e.g. statewide, regional, local, or a single location); and(D) the duration of exposure (e.g. one day, one month or one year).(5) Sponsorship recognition may not promote the sponsor's products, services, or facilities. This subsection does not prohibit the broadcast or display of the sponsor's logo or name and a reference to the sponsor's location.(6) No officer or employee of the department shall act as the agent for any NP or donor in negotiating the terms or conditions of any agreement relating to the provision of funds, services, or property to the department by the NP or donor.(b) Nothing in this subchapter shall limit the ability of a NP to make an unrestricted cash donation to the department when no sponsorship recognition is provided. Such a donation may be for a specific purpose or program. Source Note: The provisions of this §51.166 adopted to be effective May 17, 2007, 32 TexReg 2655; amended to be effective March 19, 2018, 43 TexReg 1636. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 51 EXECUTIVE G NONPROFIT ORGANIZATIONS §51.166 Best Practices (Sponsorship) https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190177&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 190177 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190177&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 190177 03/11/2026 (a) The department will maintain and periodically update a list of CRNPs. This list will be made available to the public.(b) The department will not obligate NP funds or property except by written agreement signed by the NP.(c) The ONP may reimburse department employees for legitimate, documented expenses. Additionally, the ONP may award scholarships to department employees from private, donor-directed sources, so long as there is a benefit to the department.(d) The department may develop model policies and procedures for adoption by NPs. Where a NP is required by these rules to adopt a policy or procedure, adoption of the model policy or procedure shall be deemed to comply with that requirement.(e) All donations to the department of $500 or more must be approved by commission, voting in public session. Source Note: The provisions of this §51.167 adopted to be effective May 17, 2007, 32 TexReg 2655; amended to be effective March 19, 2018, 43 TexReg 1636. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 51 EXECUTIVE G NONPROFIT ORGANIZATIONS §51.167 Department Procedures https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223401&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 223401 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223401&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 223401 03/11/2026 (a) The department shall select one or more NP to promote hunting and fishing by residents of this state who are veterans of the United States Armed Forces. A prospective NP under this section must exist exclusively to serve veterans of the United States Armed Forces. The selection process shall be conducted according to the applicable provisions of this subchapter, and shall occur at three-year intervals by means of a request for proposals published by the department.(b) The following guidelines shall govern hunting and fishing activities under this section.(1) An NP must provide angling and hunting opportunities on private lands and/or public waters in Texas.(2) Except as specifically provided in this section, hunting and fishing activities under this section shall be conducted in accordance with all regulations that prescribe seasons, bag limits, gear restrictions, lawful means and methods, and special provisions governing the take of wildlife resources. All federal requirements regarding hunting and fishing (duck stamp, CITES tag requirements, permits, certifications, gear, means and methods, etc.) continue to apply.(3) Hunting and fishing opportunity provided by an NP under this section:(A) must be made available by means of a fair method of allocation or distribution to all veterans of the United States Armed Forces who are residents of this state; and(B) must be advertised by the NP by providing public notice.(4) Hunting and fishing opportunity provided by an NP shall be at no cost to participants, not to include travel, lodging, meals, and other expenses ancillary to hunting and fishing activities unless those costs are provided by the NP at the discretion of the NP.(5) Not less than 30 days before any hunting or fishing activity may be provided or engaged in, an NP shall complete and provide to the department on a form provided or approved by the department, the specific hunting and/or angling opportunities to be provided, to include the following, at a minimum:(A) the specific location (address or name of ranch, property, or water body) where the activities are to occur;(B) the dates that each activity will occur;(C) the name and address of each participant, accompanied by proof of veteran status for each; and(D) the name and address of each representative of the NP who will be participating in the activity.(6) The stamp endorsement requirements of Parks and Wildlife Code, Chapters 43, and 46 do not apply to wildlife resources taken under this subchapter.(7) The representative of an NP who accompanies a participant who engages in hunting activities shall immediately tag any animal or bird killed by a participant for which a tag is required under Parks and Wildlife Code, Chapter 42 with a tag issued by the department to the NP for the hunting opportunity.(8) The representative of an NP who accompanies a participant who engages in fishing activities shall immediately tag any fish caught by a participant for which a tag is required under Parks and Wildlife Code, Chapter 46 with a tag issued by the department to the NP for the fishing opportunity.(9) A wildlife resource document provided by the department to the NP and completed by the representative of an NP who accompanies a participant who engages in hunting or fishing activities shall accompany any harvested wildlife resource or portion thereof not accompanied by a tag until the wildlife resource reaches:(A) the possessor's permanent residence and is finally processed;(B) a final destination for deer; or(C) a taxidermist.(10) An NP shall maintain a daily harvest log of hunting or fishing activity conducted.(A) The daily harvest log shall be on a form provided or approved by the department.(B) The representative of an NP who accompanies a participant who engages in hunting or fishing activities shall, on the same day that a wildlife resource is killed or caught, legibly enter the following information in the daily harvest log:(i) the name of the NP representative;(ii) the name of the person who killed or caught the resource;(iii) the date that the wildlife resource was killed or caught;(iv) the location the wildlife resource was killed or caught; and(v) the species, sex (if deer, pronghorn, desert bighorn sheep, or turkey), and quantity of wildlife resource killed or caught.(C) The daily harvest log shall be made available to any department employee acting in the performance of official duties upon request.(D) The daily harvest log shall be retained by an NP for a period of two years following the latest entry of hunting or fishing activity required to be recorded in the log.(11) An NP shall complete and submit an annual report to the department on a form prescribed or approved by the department.(c) A person acting as a representative of an NP under this section is not exempt from any licensing, stamp, documentation, or other rule of the department while engaging in hunting or fishing activities under this section. Source Note: The provisions of this §51.168 adopted to be effective November 24, 2022, 47 TexReg 7735; amended to be effective January 19, 2025, 50 TexReg 427. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 51 EXECUTIVE G NONPROFIT ORGANIZATIONS §51.168 Nonprofit Partnerships to Promote Hunting and Fishing by Resident Veterans https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174051&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 174051 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174051&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 174051 03/11/2026 (a) It is the intent of the department that the department's General Plan for Prescribed Burning on TPWD Lands comply with the requirements of the prescribed burn plan required by Parks and Wildlife Code, §11.351.(b) The department's General Plan for Prescribed Burning on TPWD Lands is adopted by reference.(c) The department will maintain the current version of the General Plan for Prescribed Burning on TPWD Lands on the department's website at www.tpwd.texas.gov along with the contact information of appropriate department staff for the benefit of interested parties.(d) The department will publish notice in the Texas Register and seek input from interested parties when major modifications to the General Plan for Prescribed Burning on TPWD Lands (such as changes in procedures or notification processes) are contemplated. Public notice of an opportunity to comment will be provided at least 30 days prior to the effective date of any changes to the policy. The public notice will describe the proposed modifications and the reasons for the modifications, and how comments on the proposed modifications may be submitted to the department. Source Note: The provisions of this §51.170 adopted to be effective October 13, 2015, 40 TexReg 7094. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 51 EXECUTIVE H GENERAL PLAN FOR PRESCRIBED BURNING ON TPWD LANDS §51.170 General Plan for Prescribed Burning on TPWD Lands https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=151684&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 151684 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=151684&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 151684 03/11/2026 The Texas Parks and Wildlife Commission adopts by reference the provisions of 34 TAC Chapter 20, Subchapter B. Source Note: The provisions of this §51.171 adopted to be effective April 30, 2001, 26 TexReg 3219; amended to be effective May 8, 2011, 36 TexReg 2993. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 51 EXECUTIVE I HISTORICALLY UNDERUTILIZED BUSINESSES §51.171 Historically Underutilized Business Program https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165926&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 165926 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165926&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 165926 03/11/2026 (a) This subchapter does not apply to an action of the department for which a contractor is entitled to a specific remedy pursuant to state or federal constitution or statute.(b) This subchapter does not apply to contracts:(1) between Texas Parks and Wildlife Department and the federal government or its agencies, another state or another nation;(2) between two or more units of state government;(3) between the department and a local governmental body, or a political subdivision of another state;(4) between a subcontractor and a contractor;(5) subject to Transportation Code, §201.112;(6) within the exclusive jurisdiction of state or local regulatory bodies;(7) within the exclusive jurisdiction of federal courts or regulatory bodies;(8) that are solely and entirely funded by federal grant monies other than for a project defined in §51.201(10) of this title (relating to Definitions); or(9) subject to Civil Practice and Remedies Code, Chapter 114. Source Note: The provisions of this §51.200 adopted to be effective January 30, 2001, 26 TexReg 979; amended to be effective February 16, 2014, 39 TexReg 766. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 51 EXECUTIVE J CONTRACT DISPUTE RESOLUTION §51.200 Applicability https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160106&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 160106 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160106&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 160106 03/11/2026 The following words and terms, when used in this subchapter, shall have the following meaning, unless the context clearly indicates otherwise:(1) Chief administrative officer--The executive director, or other executive officer responsible for the day to day operations of the department.(2) Claim--A demand for damages by the contractor based upon the department's alleged breach of the contract.(3) Contract--A written contract between the department and a contractor by the terms of which the contractor agrees either:(A) to provide goods or services, by sale or lease, to or for the department; or(B) to perform a Project.(4) Contractor--Independent contractor who has entered into a contract directly with the department. The term does not include:(A) The contractor's subcontractor, officer, employee, agent or other person furnishing goods or services to a contractor;(B) An employee of the department; or(C) A student at an institution of higher education.(5) Counterclaim--A demand by the department based upon the contractor's claim.(6) Day--A calendar day. If an act is required to occur on a day falling on a Saturday, Sunday, or holiday, the first working day which is not one of these days should be counted as the required day for purpose of this act.(7) Department--Texas Parks and Wildlife Department.(8) Event--An act or omission or a series of acts or omissions giving rise to a claim.(9) Goods--Supplies, materials or equipment.(10) Parties--The contractor and the department when they have entered into a contract in connection with which a claim of breach of contract has been filed under this chapter.(11) Project--A building construction project that is financed wholly or partly by a specific appropriation, bond issue or federal money, including the construction of:(A) a building, structure, or appurtenant facility or utility, including the acquisition and installation of original equipment and original furnishing; and(B) an addition to, or alteration, modification, rehabilitation or repair of an existing building, structure, or appurtenant facility or utility.(12) Services--The furnishing of skilled or unskilled labor or consulting or professional work, or a combination thereof, excluding the labor of an employee of the department. Source Note: The provisions of this §51.201 adopted to be effective January 30, 2001, 26 TexReg 979; amended to be effective January 2, 2013, 37 TexReg 10221. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 51 EXECUTIVE J CONTRACT DISPUTE RESOLUTION §51.201 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86566&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86566 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86566&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86566 03/11/2026 The procedures contained in this chapter are exclusive and required prerequisites to suit under Civil Practice and Remedies Code, Chapter 107, and Government Code, Chapter 2260. Source Note: The provisions of this §51.202 adopted to be effective January 30, 2001, 26 TexReg 979. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 51 EXECUTIVE J CONTRACT DISPUTE RESOLUTION §51.202 Prerequisites to Suit https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86585&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86585 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86585&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86585 03/11/2026 This chapter does not waive the department's sovereign immunity to suit or liability. Source Note: The provisions of this §51.203 adopted to be effective January 30, 2001, 26 TexReg 979. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 51 EXECUTIVE J CONTRACT DISPUTE RESOLUTION §51.203 Sovereign Immunity https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=182806&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 182806 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=182806&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 182806 03/11/2026 (a) A contractor asserting a claim of breach of contract under Government Code, Chapter 2260, shall file notice of the claim as provided by this section.(b) The notice of claim shall:(1) be in writing and signed by the contractor or the contractor's authorized representative;(2) be delivered by hand, certified mail return receipt requested, or other verifiable delivery service, to the officer of the department designated in the contract to receive a notice of claim of breach of contract under Government Code, Chapter 2260; if no person is designated in the contract, the notice shall be delivered to the division director, and shall state in detail:(A) the nature of the alleged breach of contract, including the date of the event that the contractor asserts as the basis of the claim and each contractual provision allegedly breached;(B) a description of damages that resulted from the alleged breach, including the amount and method used to calculate those damages; and(C) the legal theory of recovery, i.e., breach of contract, including the causal relationship between the alleged breach and the damages claimed.(c) In addition to the mandatory contents of the notice of claim as required by subsection (b) of this section, the contractor may submit supporting documentation or other tangible evidence to facilitate the department's evaluation of the contractor's claim.(d) The notice of claim shall be delivered no later than 180 days after the date of the event that the contractor asserts as the basis of the claim. Source Note: The provisions of this §51.204 adopted to be effective January 30, 2001, 26 TexReg 979; amended to be effective January 2, 2013, 37 TexReg 10221; amended to be effective February 16, 2017, 42 TexReg 566. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 51 EXECUTIVE J CONTRACT DISPUTE RESOLUTION §51.204 Notice of Claim of Breach of Contract https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86584&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86584 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86584&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86584 03/11/2026 (a) the department in asserting a counterclaim under the Government Code, Chapter 2260, shall file notice of the counterclaim as provided by this section.(b) The notice of counterclaim shall:(1) be in writing;(2) be delivered by hand, certified mail return receipt requested or other verifiable delivery service to the contractor or representative of the contractor who signed the notice of claim of breach of contract; and shall state in detail:(A) the nature of the counterclaim;(B) a description of damages or offsets sought, including the amount and method used to calculate those damages or offsets; and(C) the legal theory supporting the counterclaim.(c) In addition to the mandatory contents of the notice of counterclaim required by subsection (b) of this section, the unit may submit supporting documentation or other tangible evidence to facilitate the contractor's evaluation of the unit's counterclaim.(d) The notice of counterclaim shall be delivered to the contractor no later than 90 days after the department's receipt of the contractor's notice of claim.(e) Nothing herein precludes the department from initiating a lawsuit for damages against the contractor in a court of competent jurisdiction. Source Note: The provisions of this §51.205 adopted to be effective January 30, 2001, 26 TexReg 979. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 51 EXECUTIVE J CONTRACT DISPUTE RESOLUTION §51.205 Agency Counterclaim https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86582&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86582 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86582&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86582 03/11/2026 (a) Upon the filing of a claim or counterclaim, parties may request to review and copy information in the possession or custody or subject to the control of the other party that pertains to the contract claimed to have been breached, including, without limitation:(1) accounting records;(2) correspondence, including, without limitation, correspondence between the unit and outside consultants it utilized in preparing its bid solicitation or any part thereof or in administering the contract, and correspondence between the contractor and its subcontractors, materialmen, and vendors;(3) schedules;(4) the parties' internal memoranda;(5) documents created by the contractor in preparing its offer to the unit and documents created by the unit in analyzing the offers it received in response to a solicitation.(b) Subsection (a) of this section applies to all information in the parties' possession regardless of the manner in which it is recorded, including, without limitation, paper and electronic media.(c) The contractor and the department may seek additional information directly from third parties, including, without limitation, the unit's third-party consultants and the contractor's subcontractors.(d) Nothing in this section requires any party to disclose the requested information or any matter that is privileged under Texas law.(e) Material submitted pursuant to this section and claimed to be confidential by the contractor shall be handled pursuant to the requirements of Government Code, Chapter 552. Source Note: The provisions of this §51.206 adopted to be effective January 30, 2001, 26 TexReg 979. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 51 EXECUTIVE J CONTRACT DISPUTE RESOLUTION §51.206 Request for Voluntary Disclosure of Additional Information https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86583&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86583 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86583&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86583 03/11/2026 The parties shall negotiate in accordance with the timetable set forth in §51.208 of this title (relating to Timetable) to attempt to resolve all claims and counterclaims. No party is obligated to settle with the other party as a result of the negotiation. Source Note: The provisions of this §51.207 adopted to be effective January 30, 2001, 26 TexReg 979. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 51 EXECUTIVE J CONTRACT DISPUTE RESOLUTION §51.207 Duty to Negotiate https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=182807&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 182807 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=182807&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 182807 03/11/2026 (a) Following receipt of a contractor's notice of claim, the executive director of the department or other representative designated in the contract shall review the contractor's claim(s) and the department's counterclaim(s), if any, and initiate negotiations with the contractor to attempt to resolve the claim(s) and counterclaim(s).(b) Subject to subsection (c) of this section, the parties shall begin negotiations within a reasonable period of time, not to exceed 60 days following the later of:(1) the date of termination of the contract;(2) the completion date, or substantial completion date in the case of construction projects, in the original contract; or(3) the date the department receives the contractor's notice of claim.(c) The department may delay negotiations until after the 180th day after the date of the event giving rise to the claim of breach of contract by:(1) delivering written notice to the contractor that the commencement of negotiations will be delayed; and(2) delivering written notice to the contractor when the department is ready to begin negotiations.(d) The parties may conduct negotiations according to an agreed schedule as long as they begin negotiations no later than the deadlines set forth in subsections (b) or (c) of this section, whichever is applicable.(e) Subject to subsection (f) of this section, the parties shall complete the negotiations that are required by this chapter as a prerequisite to a contractor's request for contested case hearing no later than 270 days after the department receives the contractor's notice of claim.(f) The parties may agree in writing to extend the time for negotiations on or before the 270th day after the department receives the contractor's notice of claim. The agreement shall be signed by representatives of the parties with authority to bind each respective party and shall provide for the extension of the statutory negotiation period until a date certain. The parties may enter into a series of written extension agreements that comply with the requirements of this section.(g) The contractor may request a contested case hearing before the State Office of Administrative Hearings ("SOAH") pursuant to §51.213 of this title (relating to Request for Contested Case Hearing) after the 270th day after the department receives the contractor's notice of claim, or the expiration of any extension agreed to under subsection (f) of this section.(h) The parties may agree to mediate the dispute at any time before the 270th day after the department receives the contractor's notice of claim or before the expiration of any extension agreed to by the parties pursuant to subsection (f) of this section. The mediation shall be governed by the provisions of this subchapter.(i) Nothing in this section is intended to prevent the parties from agreeing to commence negotiations earlier than the deadlines established in subsections (b) and (c) of this section, or from continuing or resuming negotiations after the contractor requests a contested case hearing before SOAH. Source Note: The provisions of this §51.208 adopted to be effective January 30, 2001, 26 TexReg 979; amended to be effective February 16, 2017, 42 TexReg 566. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 51 EXECUTIVE J CONTRACT DISPUTE RESOLUTION §51.208 Timetable https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86578&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86578 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86578&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86578 03/11/2026 (a) Negotiation is a consensual bargaining process in which the parties attempt to resolve a claim and counterclaim. A negotiation under this subchapter may be conducted by any method, technique, or procedure authorized under the contract or agreed upon by the parties, including, without limitation, negotiation in person, by telephone, by correspondence, by video conference, or by any other method that permits the parties to identify their respective positions, discuss their respective differences, confer with their respective advisers, exchange offers of settlement, and settle.(b) The parties may conduct negotiations with the assistance of one or more neutral third parties. If the parties choose to mediate their dispute, the mediation shall be conducted in accordance with this subchapter. Parties may choose an assisted negotiation process other than mediation, including without limitation, processes such as those described in §51.224 of this title (relating to Assisted Negotiation Processes) and §51.225 of this title (relating to Alternative Dispute Resolution).(c) To facilitate the meaningful evaluation and negotiation of the claim(s) and any counterclaim(s), the parties may exchange relevant documents that support their respective claims, defenses, counterclaims or positions.(d) Material submitted pursuant to this subsection and claimed to be confidential by the contractor shall be handled pursuant to the requirements of Government Code, Chapter 552. Source Note: The provisions of this §51.209 adopted to be effective January 30, 2001, 26 TexReg 979. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 51 EXECUTIVE J CONTRACT DISPUTE RESOLUTION §51.209 Conduct of Negotiation https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86579&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86579 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86579&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86579 03/11/2026 The parties' settlement approval procedures shall be disclosed prior to, or at the beginning of, negotiations. To the extent possible, the parties shall select negotiators who are knowledgeable about the subject matter of the dispute, who are in a position to reach agreement, and who can credibly recommend approval of an agreement. Source Note: The provisions of this §51.210 adopted to be effective January 30, 2001, 26 TexReg 979. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 51 EXECUTIVE J CONTRACT DISPUTE RESOLUTION §51.210 Settlement Approval Procedures https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86580&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86580 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86580&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86580 03/11/2026 (a) A settlement agreement may resolve an entire claim or any designated and severable portion of a claim.(b) To be enforceable, a settlement agreement must be in writing and signed by representatives of the contractor and the department who have authority to bind each respective party.(c) A partial settlement does not waive a parties' rights under the Government Code, Chapter 2260, as to the parts of the claims or counterclaims that are not resolved. Source Note: The provisions of this §51.211 adopted to be effective January 30, 2001, 26 TexReg 979. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 51 EXECUTIVE J CONTRACT DISPUTE RESOLUTION §51.211 Settlement Agreement https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86561&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86561 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86561&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86561 03/11/2026 Unless the parties agree otherwise, each party shall be responsible for its own costs incurred in connection with a negotiation, including, without limitation, the costs of attorney's fees, consultant's fees and expert's fees. Source Note: The provisions of this §51.212 adopted to be effective January 30, 2001, 26 TexReg 979. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 51 EXECUTIVE J CONTRACT DISPUTE RESOLUTION §51.212 Costs of Negotiation https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=182808&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 182808 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=182808&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 182808 03/11/2026 (a) If a claim for breach of contract is not resolved in its entirety through negotiation, mediation or other assisted negotiation process in accordance with this chapter on or before the 270th day after the department receives the notice of claim, or after the expiration of any extension agreed to by the parties pursuant to §51.208(f) of this title (relating to Timetable), the contractor may file a request with the department for a contested case hearing before SOAH.(b) A request for a contested case hearing shall state the legal and factual basis for the claim, and shall be delivered to the executive director of the department or other officer designated in the contract to receive notice within a reasonable time after the 270th day or the expiration of any written extension agreed to pursuant to §51.208(f) of this subchapter.(c) The department shall forward the contractor's request for contested case hearing to SOAH within a reasonable period of time, not to exceed thirty days, after receipt of the request.(d) The parties may agree to submit the case to SOAH before the 270th day after the notice of claim is received by the department if they have achieved a partial resolution of the claim or if an impasse has been reached in the negotiations and proceeding to a contested case hearing would serve the interests of justice. Source Note: The provisions of this §51.213 adopted to be effective January 30, 2001, 26 TexReg 979; amended to be effective February 16, 2017, 42 TexReg 566. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 51 EXECUTIVE J CONTRACT DISPUTE RESOLUTION §51.213 Request for Contested Case Hearing https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86563&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86563 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86563&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86563 03/11/2026 (a) The contractor and the department may agree to mediate the dispute at any time before the 270th day after the department receives a notice of claim of breach of contract, or before the expiration of any extension agreed to by the parties in writing.(b) A contractor and the department may mediate the dispute even after the case has been referred to SOAH for a contested case. SOAH may also refer a contested case for mediation pursuant to its own rules and guidelines, whether or not the parties have previously attempted mediation. Source Note: The provisions of this §51.214 adopted to be effective January 30, 2001, 26 TexReg 979. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 51 EXECUTIVE J CONTRACT DISPUTE RESOLUTION §51.214 Mediation Timetable https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86571&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86571 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86571&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86571 03/11/2026 (a) Mediation is a consensual process in which an impartial third party, the mediator, facilitates communication between the parties to promote reconciliation, settlement, or understanding among them. A mediator may not impose his or her own judgment on the issues for that of the parties. The mediator must be acceptable to both parties.(b) The mediation is subject to the provisions of the Governmental Dispute Resolution Act, Government Code, Chapter 2009. For purposes of this subchapter, "mediation" is assigned the meaning set forth in the Civil Practice and Remedies Code, §154.023.(c) To facilitate a meaningful opportunity for settlement, the parties shall, to the extent possible, select representatives who are knowledgeable about the dispute, who are in a position to reach agreement, or who can credibly recommend approval of an agreement. Source Note: The provisions of this §51.215 adopted to be effective January 30, 2001, 26 TexReg 979. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 51 EXECUTIVE J CONTRACT DISPUTE RESOLUTION §51.215 Conduct of Mediation https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86572&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86572 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86572&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86572 03/11/2026 (a) Parties may agree to use mediation as an option to resolve a breach of contract claim at the time they enter into the contract and include a contractual provision to do so. The parties may mediate a breach of contract claim even absent a contractual provision to do so if both parties agree.(b) Any agreement to mediate should include consideration of the following factors:(1) The source of the mediator. Potential sources of mediators include governmental officers or employees who are qualified as mediators under Civil Practice and Remedies Code, §154.052, private mediators, SOAH, the Center for Public Policy Dispute Resolution at The University of Texas School of Law, an alternative dispute resolution system created under Civil Practice and Remedies Code, Chapter 152, or another state or federal agency or through a pooling agreement with several state agencies. Before naming a mediator source in a contract, the parties should contact the mediator source to be sure that it is willing to serve in that capacity. In selecting a mediator, the parties should use the qualifications set forth in §51.217 of this title (relating to Qualifications and Immunity of Mediator).(2) The time period for the mediation. The parties should allow enough time in which to make arrangements with the mediator and attending parties to schedule the mediation, to attend and participate in the mediation, and to complete any settlement approval procedures necessary to achieve final settlement. While this time frame can vary according to the needs and schedules of the mediator and parties, it is important that the parties allow adequate time for the process.(3) The location of the mediation.(4) Allocation of costs of the mediator.(5) The identification of representatives who will attend the mediation on behalf of the parties, if possible, by name or position within the governmental unit or contracting entity.(6) The settlement approval process in the event the parties reach agreement at the mediation. Source Note: The provisions of this §51.216 adopted to be effective January 30, 2001, 26 TexReg 979. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 51 EXECUTIVE J CONTRACT DISPUTE RESOLUTION §51.216 Agreement to Mediate https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86573&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86573 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86573&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86573 03/11/2026 (a) The mediator shall possess the qualifications required under Civil Practice and Remedies Code, §154.052, be subject to the standards and duties prescribed by Civil Practice and Remedies Code, §154.051 and have the qualified immunity prescribed by Civil Practice and Remedies Code, §154.055, if applicable.(b) The parties should decide whether, and to what extent, knowledge of the subject matter and experience in mediation would be advisable for the mediator.(c) The parties should obtain from the prospective mediator the ethical standards that will govern the mediation. Source Note: The provisions of this §51.217 adopted to be effective January 30, 2001, 26 TexReg 979. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 51 EXECUTIVE J CONTRACT DISPUTE RESOLUTION §51.217 Qualifications and Immunity of the Mediator https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86574&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86574 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86574&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86574 03/11/2026 (a) A mediation conducted under this section is confidential in accordance with Government Code, §2009.054.(b) The confidentiality of a final settlement agreement to which the department is a signatory that is reached as a result of the mediation is governed by Government Code, Chapter 552. Source Note: The provisions of this §51.218 adopted to be effective January 30, 2001, 26 TexReg 979. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 51 EXECUTIVE J CONTRACT DISPUTE RESOLUTION §51.218 Confidentiality of Mediation and Final Settlement Agreement https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86575&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86575 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86575&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86575 03/11/2026 Unless the contractor and the department agree otherwise, each party shall be responsible for its own costs incurred in connection with the mediation, including costs of document reproduction for documents requested by such party, attorney's fees, and consultant or expert fees. The costs of the mediation process itself shall be divided equally between the parties. Source Note: The provisions of this §51.219 adopted to be effective January 30, 2001, 26 TexReg 979. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 51 EXECUTIVE J CONTRACT DISPUTE RESOLUTION §51.219 Costs of Mediation https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86576&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86576 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86576&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86576 03/11/2026 The parties' settlement approval procedures shall be disclosed by the parties prior to the mediation. To the extent possible, the parties shall select representatives who are knowledgeable about the subject matter of the dispute, who are in a position to reach agreement, and who can credibly recommend approval of an agreement. Source Note: The provisions of this §51.220 adopted to be effective January 30, 2001, 26 TexReg 979. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 51 EXECUTIVE J CONTRACT DISPUTE RESOLUTION §51.220 Settlement Approval Procedures https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86577&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86577 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86577&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86577 03/11/2026 Any settlement agreement reached during the mediation shall be signed by the representatives of the contractor and the department, and shall describe any procedures required to be followed by the parties in connection with final approval of the agreement. Source Note: The provisions of this §51.221 adopted to be effective January 30, 2001, 26 TexReg 979. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 51 EXECUTIVE J CONTRACT DISPUTE RESOLUTION §51.221 Initial Settlement Agreement https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86567&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86567 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86567&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86567 03/11/2026 (a) A final settlement agreement reached during, or as a result of mediation, that resolves an entire claim or any designated and severable portion of a claim shall be in writing and signed by representatives of the contractor and the department who have authority to bind each respective party.(b) If the settlement agreement does not resolve all issues raised by the claim and counterclaim, the agreement shall identify the issues that are not resolved.(c) A partial settlement does not waive a contractor's rights under the Government Code, Chapter 2260, as to the parts of the claim that are not resolved. Source Note: The provisions of this §51.222 adopted to be effective January 30, 2001, 26 TexReg 979. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 51 EXECUTIVE J CONTRACT DISPUTE RESOLUTION §51.222 Final Settlement Agreement https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86568&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86568 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86568&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86568 03/11/2026 If mediation does not resolve all issues raised by the claim, the contractor may request that the claim be referred to SOAH by the department. Nothing in these rules prohibits the contractor and the department from mediating their dispute after the case has been referred for contested case hearing, subject to the rules of SOAH. Source Note: The provisions of this §51.223 adopted to be effective January 30, 2001, 26 TexReg 979. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 51 EXECUTIVE J CONTRACT DISPUTE RESOLUTION §51.223 Referral to the State Office of Administrative Hearings https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86569&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86569 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86569&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86569 03/11/2026 Parties to a contract dispute under Government Code, Chapter 2260 may agree, either contractually or when a dispute arises, to use assisted negotiation (alternative dispute resolution) processes in addition to negotiation and mediation to resolve their dispute. Source Note: The provisions of this §51.224 adopted to be effective January 30, 2001, 26 TexReg 979. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 51 EXECUTIVE J CONTRACT DISPUTE RESOLUTION §51.224 Assisted Negotiation Processes https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86570&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86570 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86570&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86570 03/11/2026 Parties to a contract dispute under these rules may agree, either contractually or when a dispute arises to use an Alternative Dispute Resolution process in addition to negotiation and mediation to resolve their disputes. Source Note: The provisions of this §51.225 adopted to be effective January 30, 2001, 26 TexReg 979. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 51 EXECUTIVE J CONTRACT DISPUTE RESOLUTION §51.225 Alternative Dispute Resolution https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223402&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 223402 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223402&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 223402 03/11/2026 (a) The department will collect only that customer information and personal customer information required to carry out department functions.(b) The department will use customer information and personal customer information only as required to carry out department functions. Source Note: The provisions of this §51.301 adopted to be effective July 19, 2004, 29 TexReg 6961; amended to be effective January 19, 2025, 50 TexReg 427. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 51 EXECUTIVE K DISCLOSURE OF CUSTOMER INFORMATION §51.301 Duties of the Department https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206804&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 206804 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206804&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 206804 03/11/2026 It is the policy of the department to use and release personal customer information only in accordance with the provisions of Parks and Wildlife Code, §11.030 and any other applicable provision of law. Source Note: The provisions of this §51.303 adopted to be effective July 19, 2004, 29 TexReg 6961; amended to be effective January 2, 2013, 37 TexReg 10221; amended to be effective November 22, 2021, 46 TexReg 7891. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 51 EXECUTIVE K DISCLOSURE OF CUSTOMER INFORMATION §51.303 Disclosure of Personal Customer Information https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=182812&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 182812 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=182812&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 182812 03/11/2026 (a) Any actual or prospective bidder, offeror, or contractor who is aggrieved in connection with the solicitation, evaluation, or award of a contract may formally protest to the Purchasing and Contracting Director. Such protests must be in writing and received in the director's office within ten working days after such aggrieved person knows, or should have known, of the occurrence of the action which is protested. Copies of the protest must be mailed or delivered by the protesting party to the department and other interested parties. For the purpose of this section "other interested persons" means at least all vendors who have submitted bids or proposals for the contract involved.(b) If the vendor wants the solicitation or the award process to be terminated, he must make that request in his protest and state the reasons for such termination of the process. The director will review such request and, after consultation with the issuing division and the appropriate manager, make a written determination within three business days of receipt of the request to terminate from the vendor.(c) A formal protest must be sworn and contain:(1) a specific identification of the statutory or regulatory provision(s) 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 above;(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 identifiable interested parties.(d) The director shall have the authority, absent a proper appeal to the executive director of the department, to settle and resolve the dispute concerning the solicitation or award of a contract. The director may solicit written responses to the protest from other interested parties.(e) If the protest is not resolved by mutual agreement, the director will issue a written determination on the protest:(1) if the director determines that no violation of rules or statutes has occurred he shall so inform the protesting party, and the other interested parties by letter which sets forth the reasons for the determination; or(2) if the director determines that a violation of the rules or statutes has occurred in a case where a contract has been awarded, he will so inform the protesting party and the other interested parties by letter which sets forth the reasons for the determination, which may include ordering the contract void.(f) The director's determination on a protest may be appealed by an interested party to the executive director of the department. An appeal of the director's determination must be in writing and must be received in the executive director's office no later than ten working days after the date of the director's determination. The appeal shall be limited to review of the director's determination. Copies of the appeal must be mailed or delivered to other interested parties within ten working days after the date of the director's decision and must contain a certification that such copies have been provided as directed in this section.(g) The appropriate lawyer for the agency must review the protest, the director's determination and the appeal and prepare a written opinion with recommendations to the executive director.(h) A decision issued by the commission in open meeting, or in writing by the executive director, shall be the final administrative action of the department. Source Note: The provisions of this §51.350 adopted to be effective July 19, 2004, 29 TexReg 6963; amended to be effective February 16, 2017, 42 TexReg 566. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 51 EXECUTIVE L VENDOR DISPUTE RESOLUTION §51.350 Vendor Dispute Resolution https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113782&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 113782 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113782&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 113782 03/11/2026 The Executive Director is authorized to invest the Lifetime License Endowment Fund in accordance with the investment policy approved by the commission. Source Note: The provisions of this §51.400 adopted to be effective July 19, 2004, 29 TexReg 6964. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 51 EXECUTIVE M INVESTMENT OF LIFETIME LICENSE ENDOWMENT §51.400 Investment of Lifetime License Endowment Fund https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193991&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 193991 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193991&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 193991 03/11/2026 (a) The Texas Parks and Wildlife Department (the Department) may provide training and education for its employees in accordance with Government Code, Chapter 656, Subchapter C.(b) The Department may spend public funds as appropriate to pay the costs associated with employee training, including, but not limited to, 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.(c) The Department may contract with another state, local or federal department, agency or institution, including a state-supported college or university, to train or educate its employees or may join in presenting a training or educational program.(d) An employee of the Department may be required to attend, as part of the employee's duties, a training or education program related to the employee's duties or prospective duties. However, the training or education must be related to the current or prospective job duties of the employee.(e) The Department's training and educational program may include, but is not limited to, the following:(1) preparing for technological and legal developments;(2) increasing work capabilities;(3) increasing the number of qualified employees in areas designated by institutions of higher education as having an acute faculty shortage; and(4) increasing the competence of agency employees.(f) Approval to participate in a training program is not automatic and may be subject to the availability of funds within a division's budget.(g) Materials purchased by the Department for employee training are the property of Department and must be relinquished to Department upon transfer of the employee's position or separation from employment.(h) Certain obligations may be required of Department employees upon completion of training, including, but not limited to, the following:(1) An employee may be required to discuss information obtained at the training with other Department employees.(2) An employee may be required to share materials obtained from training with other Department employees, to the extent such sharing does not violate copyright law.(3) An employee may be required to assume additional job duties for which the training prepared the employee.(4) An employee may be required to conduct training for other Department employees concerning the information or skills taught at the training program.(i) The Department's employee training program may include, but is not limited to, the following components:(1) agency sponsored training;(2) seminars and conferences;(3) internet training; and,(4) tuition reimbursement.(j) The executive director shall adopt policies related to training for Department employees.(k) A reimbursement to an employee or administrator for tuition under the provisions of Government Code, §656.047 must be approved by the executive director before the reimbursement is paid. Source Note: The provisions of this §51.500 adopted to be effective January 3, 2005, 29 TexReg 12225; amended to be effective January 29, 2019, 44 TexReg 431. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 51 EXECUTIVE N EMPLOYEE TRAINING §51.500 Employee Training https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210111&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210111 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210111&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210111 03/11/2026 (a) Definitions. The following words and terms, when used in this subchapter, shall have the following meaning, unless the context clearly indicates otherwise.(1) Advisory committee--a committee, council, commission, board, or task force or other entity with multiple members that has as its primary function advising the department.(2) Chairman--the chairman of the Texas Parks and Wildlife Commission.(3) Commission--the Texas Parks and Wildlife Commission.(4) Department--the Texas Parks and Wildlife Department.(5) Director--the Executive Director of the Texas Parks and Wildlife Department.(b) Creation. The Chairman may appoint advisory committees to advise the commission on issues within the jurisdiction of the department or the commission.(c) Function. Unless otherwise provided by law, an advisory committee will address only those matters about which advice is sought. An advisory committee will have no authority to establish agency policy.(d) Expiration of advisory committee. Unless expressly provided in this subchapter or other law, each department advisory committee will expire on the expiration date established for each advisory committee.(e) Membership. The chairman may, in his or her sole discretion, appoint individuals to serve on an advisory committee. Membership in an advisory committee will not exceed 24 (excluding ex officio members). Unless otherwise provided by specific statute, membership of each advisory committee shall be balanced to ensure representation of industries or occupations regulated or directly affected by the department and consumers of services provided by the department or by the industries or occupations regulated by the department to which the advisory committee relates. Each advisory committee shall include at least one department employee as an ex officio member. Members may be subject to removal and/or replacement at the discretion of the Chairman.(f) Term of members. Unless expressly provided in this subchapter or other law, the term of advisory committee members shall be as follows:(1) The term of each member of an agency advisory committee who was appointed prior to January 1, 2022 will expire on July 1, 2022.(2) The term of each member of an agency advisory committee member appointed on or after January 1, 2022 will expire July 1, 2026.(g) Presiding officer. The presiding officer of each advisory committee shall be selected by the members of the advisory committee from its membership. The chairman may make a recommendation to the advisory committee regarding the presiding officer.(h) Subcommittees. The chairman may also appoint one or more subcommittees of an advisory committee, so long as the membership of the advisory committee, including any subcommittees does not exceed 24.(i) Meetings. Each committee shall meet at least once a year, but may meet as often as necessary. The department ex officio member of each advisory committee shall work with the presiding officer to schedule advisory committee meetings and provide adequate notice to department staff and to other members.(j) Reports. On or before October 1 of each year of its existence, each advisory committee shall submit a report to the department. Upon receipt of the report, the department shall evaluate the advisory committee's work, usefulness and costs related to the committee's existence, including the cost of agency staff time spent in support of the committee's activities. Each report shall included the following:(1) a summary or minutes of meetings conducted during the previous fiscal year (September 1-August 30);(2) a summary of recommendations from the advisory committee; and(3) other information determined by the advisory committee or the chairman to be appropriate and useful.(k) Expenses. Members of each advisory committee will serve without compensation or reimbursement for travel or other out-of-pocket expenses.(l) Rules. For each advisory committee appointed, the commission shall adopt rules that address the purpose of the advisory committee and membership qualifications. Such rules may also address the terms of service, operating procedures, and other standards to ensure the effectiveness of an advisory committee appointed under this subchapter.(m) Rulemaking Committees. Notwithstanding other provisions of this subchapter, as authorized by §2001.031, Texas Government Code (the Administrative Procedure Act), the Director may, from time to time, appoint ad hoc committees of experts or interested persons or representatives of the public to advise the Department about contemplated rulemaking. Members of such committees shall serve at the will of the Director and shall serve without compensation. Committees appointed under this subsection shall continue for no longer than one year, unless extended by the Director. Source Note: The provisions of this §51.601 adopted to be effective September 28, 2005, 30 TexReg 6053; amended to be effective February 23, 2006, 31 TexReg 1047; amended to be effective November 12, 2009, 34 TexReg 7828; amended to be effective January 2, 2013, 37 TexReg 10221; amended to be effective June 24, 2018, 43 TexReg 4208; amended to be effective September 13, 2022, 47 TexReg 5496. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 51 EXECUTIVE O ADVISORY COMMITTEES §51.601 General Requirements https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210112&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210112 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210112&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210112 03/11/2026 (a) The WTDAC is created to advise the department on issues relevant to white-tailed deer and all programs involving white-tailed deer management in Texas, including problems, options, goals and planning regarding white-tailed deer.(b) The WTDAC membership shall represent, at a minimum:(1) the ecological range of white-tailed deer in Texas;(2) landowners;(3) conservation and management organizations; and(4) hunters.(c) The WTDAC shall comply with the requirements of §51.601 of this title (relating to General Requirements).(d) The WTDAC shall expire on July 1, 2026. Source Note: The provisions of this §51.606 adopted to be effective September 28, 2005, 30 TexReg 6053; amended to be effective October 18, 2010, 35 TexReg 9321; amended to be effective November 19, 2014, 39 TexReg 9044; amended to be effective June 24, 2018, 43 TexReg 4208; amended to be effective September 13, 2022, 47 TexReg 5496. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 51 EXECUTIVE O ADVISORY COMMITTEES §51.606 White-tailed Deer Advisory Committee (WTDAC) https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210113&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210113 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210113&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210113 03/11/2026 (a) The MGBAC is created to advise the department regarding the following:(1) the management, research and habitat acquisition needs of migratory game birds;(2) development and implementation of migratory game bird regulations, research, and management; and(3) education and communications with various constituent groups and individuals interested in migratory game birds.(b) The MGBAC consists of members selected from members of the general public with an interest migratory game bird management.(c) The MGBAC shall comply with the requirements of §51.601 of this title (relating to General Requirements).(d) The MGBAB shall expire on July 1, 2026. Source Note: The provisions of this §51.607 adopted to be effective September 28, 2005, 30 TexReg 6053; amended to be effective May 5, 2008, 33 TexReg 3646; amended to be effective October 18, 2010, 35 TexReg 9321; amended to be effective November 19, 2014, 39 TexReg 9044; amended to be effective June 24, 2018, 43 TexReg 4208; amended to be effective September 13, 2022, 47 TexReg 5496. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 51 EXECUTIVE O ADVISORY COMMITTEES §51.607 Migratory Game Bird Advisory Committee (MGBAC) https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210114&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210114 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210114&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210114 03/11/2026 (a) The UGBAC is created to advise the department on matters pertaining to the following:(1) regulation, management, research, and funding needs regarding upland game bird species that occur in Texas;(2) management, research and habitat acquisition needs of upland game birds; and(3) education and communications with various constituent groups and individuals interested in upland game bird species of Texas.(b) The composition of the UGBAC shall represent:(1) the ecological range of upland game bird species in Texas;(2) landowners;(3) conservation organizations;(4) representatives of appropriate state and federal agencies; and(5) upland game bird hunters.(c) The UGBAC shall comply with the requirements of §51.601 of this title (relating to General Requirements).(d) The UGBAC shall expire on July 1, 2026. Source Note: The provisions of this §51.608 adopted to be effective September 28, 2005, 30 TexReg 6053; amended to be effective May 5, 2008, 33 TexReg 3646; amended to be effective October 18, 2010, 35 TexReg 9321; amended to be effective November 19, 2014, 39 TexReg 9044; amended to be effective June 24, 2018, 43 TexReg 4208; amended to be effective September 13, 2022, 47 TexReg 5496. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 51 EXECUTIVE O ADVISORY COMMITTEES §51.608 Upland Game Bird Advisory Committee (UGBAC) https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210115&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210115 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210115&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210115 03/11/2026 (a) The PLAC is created to advise the department on all matters pertaining to wildlife programs, management, and research on private lands in Texas, including the following:(1) the development of an ecosystem approach to management of habitats;(2) financing options for private lands programs;(3) development and dissemination of information regarding management and research of wildlife habitat and ecosystems; and(4) any other matters at the request of the chairman.(b) The PLAC shall be composed of not fewer than 5 members representing private landowners from the various ecological regions of the state.(c) The PLAC shall comply with the requirements of §51.601 of this title (relating to General Requirements).(d) The PLAC shall expire on July 1, 2026. Source Note: The provisions of this §51.609 adopted to be effective September 28, 2005, 30 TexReg 6053; amended to be effective October 18, 2010, 35 TexReg 9321; amended to be effective November 19, 2014, 39 TexReg 9044; amended to be effective June 24, 2018, 43 TexReg 4208; amended to be effective September 13, 2022, 47 TexReg 5496. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 51 EXECUTIVE O ADVISORY COMMITTEES §51.609 Private Lands Advisory Committee (PLAC) https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210116&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210116 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210116&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210116 03/11/2026 (a) The BSAC is created to advise the department about problems, alternatives, solutions, and goals regarding the restoration of desert bighorn sheep to Texas.(b) The composition of the BSAC will be comprised of the following:(1) at least two members of the Texas Bighorn Society;(2) at least two persons who own land in the historic range of desert bighorn sheep;(3) university faculty and staff as necessary and appropriate; and(4) representatives of government agencies as necessary and appropriate.(c) The BSAC shall comply with the requirements of §51.601 of this title (relating to General Requirements).(d) The BSAC shall expire on July 1, 2026. Source Note: The provisions of this §51.610 adopted to be effective September 28, 2005, 30 TexReg 6053; amended to be effective October 18, 2010, 35 TexReg 9321; amended to be effective November 19, 2014, 39 TexReg 9044; amended to be effective June 24, 2018, 43 TexReg 4208; amended to be effective September 13, 2022, 47 TexReg 5496. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 51 EXECUTIVE O ADVISORY COMMITTEES §51.610 Bighorn Sheep Advisory Committee (BSAC) https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210117&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210117 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210117&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210117 03/11/2026 (a) The WDAC shall advise the department on matters pertaining to management, research, and outreach activities related to nongame and rare species in the State of Texas, including the following:(1) development and implementation of the wildlife diversity related projects, grants, and policy;(2) wildlife diversity conservation and regulations; and(3) education and communications with various constituent groups and individuals interested in wildlife diversity in the state of Texas.(b) The composition of the WDAC shall represent landowner and conservation organizations in Texas.(c) The WDAC shall comply with the requirements of §51.601 of this title (relating to General Requirements).(d) The WDAC shall expire on July 1, 2026. Source Note: The provisions of this §51.611 adopted to be effective September 28, 2005, 30 TexReg 6053; amended to be effective October 18, 2010, 35 TexReg 9321; amended to be effective November 19, 2014, 39 TexReg 9044; amended to be effective June 24, 2018, 43 TexReg 4208; amended to be effective September 13, 2022, 47 TexReg 5496. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 51 EXECUTIVE O ADVISORY COMMITTEES §51.611 Wildlife Diversity Advisory Committee (WDAC) https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210118&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210118 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210118&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210118 03/11/2026 (a) The MDAC is created to advise the department on issues relevant to mule deer and all programs involving mule deer management in Texas, including problems, options, goals and planning regarding mule deer.(b) The MDAC membership shall represent, at a minimum:(1) the ecological range of mule deer in Texas;(2) landowners;(3) conservation and management organizations; and(4) hunters.(c) The MDAC shall comply with the requirements of §51.601 of this title (relating to General Requirements).(d) The MDAC shall expire on July 1, 2026. Source Note: The provisions of this §51.612 adopted to be effective June 7, 2018, 43 TexReg 3598; amended to be effective September 13, 2022, 47 TexReg 5496. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 51 EXECUTIVE O ADVISORY COMMITTEES §51.612 Mule Deer Advisory Committee (MDAC) https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210119&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210119 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210119&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210119 03/11/2026 (a) The UOAC is created to advise the department on issues relevant to the department's mission and goals with respect to urban populations in Texas.(b) The UOAC membership shall consist of not more than 24 persons representing a cross-section of the urban areas in the following metropolitan areas:(1) Dallas;(2) Fort Worth;(3) Greater Houston;(4) Austin;(5) San Antonio; and(6) El Paso.(c) The UOAC shall comply with the requirements of §51.601 of this title (relating to General Requirements).(d) The UOAC shall expire on July 1, 2026. Source Note: The provisions of this §51.613 adopted to be effective July 26, 2020, 45 TexReg 5007; amended to be effective September 13, 2022, 47 TexReg 5496. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 51 EXECUTIVE O ADVISORY COMMITTEES §51.613 Urban Outreach Advisory Committee (UOAC) https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210120&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210120 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210120&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210120 03/11/2026 (a) The AAC is created to advise the department on matters related to the accessibility of department programs, sites, facilities, and services by persons with disabilities and/or special needs.(b) The AAC membership shall consist of, at a minimum, nine persons who are affected directly or indirectly by disabilities and/or special needs, including, but not limited to:(1) members of the following communities:(A) deaf or hearing-impaired;(B) blind or visually impaired;(C) intellectually or developmentally impaired;(D) emotionally or behaviorally impaired; and(2) representatives of conservation and management organizations with an interest in or focus on advocacy for disabled persons.(c) The AAC shall comply with the requirements of §51.601 of this title (relating to General Requirements).(d) The AAC shall expire on July 1, 2026. Source Note: The provisions of this §51.614 adopted to be effective July 26, 2020, 45 TexReg 5007; amended to be effective September 13, 2022, 47 TexReg 5496. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 51 EXECUTIVE O ADVISORY COMMITTEES §51.614 Accessibility Advisory Committee (AAC) https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215370&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 215370 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215370&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 215370 03/11/2026 (a) The BWAC is created to advise the department on all matters pertaining to waterway and boating programs in Texas.(b) The BWAC shall be composed of up to 24 members of the public who have an interest in boating, waterways, and water safety in Texas.(c) The BWAC shall comply with the requirements of §51.601 of this title (relating to General Requirements).(d) The BWAC shall expire on July 1, 2026. Source Note: The provisions of this §51.615 adopted to be effective October 25, 2023, 48 TexReg 6214. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 51 EXECUTIVE O ADVISORY COMMITTEES §51.615 Boating and Waterways Advisory Committee (BWAC) https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210121&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210121 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210121&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210121 03/11/2026 (a) The FFAC is created for the purpose of advising the department regarding all matters pertaining to freshwater fisheries management and research in the state. The FFAC shall also advise the department regarding the following:(1) the development and implementation of freshwater fisheries management programs throughout the state;(2) the development of management and research priorities;(3) the development of priorities for expenditures of angler financed programs; and(4) the dissemination of information regarding freshwater fisheries management and research.(b) The FFAC shall consist of individuals representing the state's freshwater angling public, the aquaculture industry, the freshwater fishing industry, fisheries educators, and conservation groups. Each member shall serve two-year or four-year terms as designated by the chairman, and terms may be staggered to ensure continuity.(c) The FFAC shall comply with the requirements of §51.601 of this title (relating to General Requirements).(d) The FFAC shall expire on July 1, 2026. Source Note: The provisions of this §51.631 adopted to be effective September 28, 2005, 30 TexReg 6053; amended to be effective October 18, 2010, 35 TexReg 9321; amended to be effective November 19, 2014, 39 TexReg 9044; amended to be effective June 24, 2018, 43 TexReg 4208; amended to be effective September 13, 2022, 47 TexReg 5496. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 51 EXECUTIVE O ADVISORY COMMITTEES §51.631 Freshwater Fisheries Advisory Committee (FFAC) https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169822&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 169822 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169822&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 169822 03/11/2026 (a) The TSTAB is created in compliance with United States Code, Title 23, §206, to advise the department regarding the distribution of federal National Recreational Trail Funds to state and local sponsors of trail projects and to assist in the development of educational materials to inform the public about trail opportunities.(b) The TSTAB shall consist of individuals representing a diverse range of trail-related interests, which may include pedestrian activities, including wheelchair use; skating or skateboarding; equestrian activities, including carriage driving; nonmotorized snow-trail activities; bicycling or use of other human-powered vehicles; aquatic or water activities; and motorized vehicular activities, including all-terrain vehicle riding, motorcycling, snowmobiling, use of off-road light trucks, or use of other off-road motorized vehicles.(c) So long as the department receives federal National Recreational Trail Funds, the TSTAB shall continue unless otherwise abolished by statute.(d) Unless otherwise required by law, the TSTAB shall comply with the requirements of §51.601 of this title (relating to General Requirements). Source Note: The provisions of this §51.641 adopted to be effective September 28, 2005, 30 TexReg 6053. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 51 EXECUTIVE O ADVISORY COMMITTEES §51.641 Texas Statewide Trails Advisory Board (TSTAB) https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169824&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 169824 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169824&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 169824 03/11/2026 (a) The GWAAC is created pursuant to Occupations Code, §1701.252 for the purpose of developing a curriculum for the Game Warden Academy.(b) At least one third of the members of the Game Warden Academy Advisory Committee shall be public members that meet the qualifications required of a public member of the Texas Commission on Law Enforcement Office Standards and Education under Occupations Code, §1701.052.(c) The GWAAC shall continue until abolished by statute.(d) Unless otherwise provided by this section or by Occupations Code, §1701.252, or the rules of Texas Commission on Law Enforcement Office Standards and Education, including 37 TAC §215.7, the GWAAC shall comply with the requirements of §51.601 of this title (relating to General Requirements). Source Note: The provisions of this §51.652 adopted to be effective September 28, 2005, 30 TexReg 6053. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 51 EXECUTIVE O ADVISORY COMMITTEES §51.652 Game Warden Academy Advisory Committee (GWAAC) https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210122&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210122 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210122&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210122 03/11/2026 (a) The SPAC is appointed to advise the chairman and the commission regarding state parks.(b) The SPAC shall comply with the requirements of §51.601 of this title (relating to General Requirements).(c) The SPAC shall expire on July 1, 2026. Source Note: The provisions of this §51.671 adopted to be effective September 28, 2005, 30 TexReg 6053; amended to be effective October 18, 2010, 35 TexReg 9321; amended to be effective November 19, 2014, 39 TexReg 9044; amended to be effective June 24, 2018, 43 TexReg 4208; amended to be effective September 13, 2022, 47 TexReg 5496. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 51 EXECUTIVE O ADVISORY COMMITTEES §51.671 State Parks Advisory Committee (SPAC) https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210123&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210123 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210123&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210123 03/11/2026 (a) The CRAC is created to advise the chairman and the commission on issues that cross fishery and geographic boundaries on the coast of Texas.(b) The CRAC shall consist of members in the public who have an interest in coastal resources issues.(c) The CRAC shall comply with the requirements of §51.601 of this title (relating to General Requirements).(d) The CRAC shall expire on July 1, 2026. Source Note: The provisions of this §51.672 adopted to be effective September 28, 2005, 30 TexReg 6053; amended to be effective October 18, 2010, 35 TexReg 9321; amended to be effective November 19, 2014, 39 TexReg 9044; amended to be effective June 24, 2018, 43 TexReg 4208; amended to be effective September 13, 2022, 47 TexReg 5496. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 51 EXECUTIVE O ADVISORY COMMITTEES §51.672 Coastal Resources Advisory Committee (CRAC) https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=217173&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 217173 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=217173&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 217173 03/11/2026 (a) The OAC is created to advise the department on all matters pertaining to oysters in Texas.(b) The OAC shall be composed of up to 24 members of the public.(c) The OAC shall comply with the requirements of §51.601 of this title (relating to General Requirements).(d) The OAC shall expire on July 1, 2026. Source Note: The provisions of this §51.673 adopted to be effective March 25, 2024, 49 TexReg 1948. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 51 EXECUTIVE O ADVISORY COMMITTEES §51.673 Oyster Advisory Committee (OAC) https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156292&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 156292 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156292&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 156292 03/11/2026 (a) The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. All other words and terms shall have the meanings assigned by Parks and Wildlife Code, Chapter 11, Subchapter J-1.(1) Department--The Texas Parks and Wildlife Department.(2) Department brands--The department's trademarks, logos, name, seal, and other intellectual property.(3) Department site (or "site")--A wildlife management area, fish hatchery, state park, state natural area, or state historic site under the jurisdiction of the department, or other property or facility owned or operated by the department.(4) Department--wide Official Corporate Partner (OCP-D)--An Official Corporate Partner whose financial support of the department is intended to be broad in nature and not tied or restricted to a specific program, project or site.(5) License--A written authorization allowing a person or entity to use one or more department brands for the purpose of selling products or services branded with one or more department brands, and includes the act of granting a license.(6) Local Official Corporate Partner (OCP-L)--An Official Corporate Partner whose financial support of the department is intended to be limited to a specific program, project or site and is not broad in nature.(7) For-profit entity--A corporation, organization, business trust, estate, trust, partnership, association, or any other legal entity, that exists for the purpose of generating profits.(8) Official Corporate Partner (OCP)--A for-profit entity that:(A) is designated as an official corporate partner by the department;(B) works with the department to raise funds for state site operations and maintenance or other priority projects or programs; and(C) is selected as provided in this subchapter.(b) Unless clearly identified as being applicable only to an OCP-D and/or OCP-L, the use of the acronym OCP shall apply to both an OCP-D and OCP-L. Source Note: The provisions of this §51.700 adopted to be effective May 3, 2012, 37 TexReg 3164. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 51 EXECUTIVE P OFFICIAL CORPORATE PARTNERS §51.700 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160113&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 160113 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160113&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 160113 03/11/2026 (a) Except as otherwise provided herein, OCP-Ds shall be selected through a fair and competitive process that takes into consideration the amount of support being offered and the needs of the department. Provided, however, the department's executive director, or designee may waive competitive process requirement if such a waiver is in the best interest of the department.(b) OCP-Ls shall be selected through a fair process that takes into consideration the availability of other possible OCP-Ls for the program, project or site, the amount of support being offered and the needs of the site or program.(c) An entity shall not be considered an OCP until it has been designated as an OCP by order of the department's executive director, or designee.(d) The department may select multiple OCP-Ds and/or OCP-Ls. The department will determine, in its sole discretion whether an OCP should be classified as an OCP-D or OCP-L.(e) The department may define the specific business category within which an OCP is designated. An OCP will not be designated in a business category regulated by the department.(f) The department shall designate each OCP-D within a specific business category and will not select another OCP for the same business category within the term of the OCP-D's designation.(g) The department may designate one or more OCP-Ls within a specific business category for the program, project or site for which the OCP-L is designated.(h) The designation of an OCP-L shall be subject to cancellation by the department in the event an OCP-D is designated within the same business category. The department will provide reasonable advanced written notice to the OCP-L of such cancellation and shall inform all OCP-Ls of the possibility of cancellation under this subsection.(i) The department shall establish minimum criteria that must be met by an entity to be considered for designation as an OCP-D. Such criteria may include, but are not limited to the following:(1) commitment of a minimum amount in cash, goods, and/or services established by the department;(2) a presence in the state that is sufficiently broad for the type of OCP-D designation and the ability of the entity to engage in joint promotional campaigns and/or cooperative ventures utilizing technology and/or systems belonging to the entity;(3) a mission or purpose that does not conflict with the mission of the department; and(4) other criteria established by the department based on the needs of the department.(j) The department may establish criteria, as appropriate, to be met by an entity to be considered for designation as an OCP-L, which may include some or all of the criteria listed in subsection (i) of this section.(k) The designation of an OCP shall be for a specified period of time.(l) The designation of an OCP shall not constitute an endorsement by the department of the OCP or the OCP's products and/or services.(m) The department will not designate an entity as an OCP if the designation would result in a conflict with the department's regulatory, contractual or other obligations, or would otherwise create the appearance of a conflict of interest.(n) Notwithstanding the designation of an entity as an OCP and unless otherwise expressly agreed by the department in writing:(1) the department and an OCP are independent entities and are not agents, partners, joint venture participants or otherwise responsible for the acts, omissions, or conduct of the other party; and(2) the legal relationship of the department and an OCP shall not be considered a "partnership" and neither the department nor an OCP shall be considered a "partner" of the other as those terms are defined and used in the Business Organizations Code. Source Note: The provisions of this §51.701 adopted to be effective May 3, 2012, 37 TexReg 3164; amended to be effective January 2, 2013, 37 TexReg 10228. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 51 EXECUTIVE P OFFICIAL CORPORATE PARTNERS §51.701 Designation of OCPs https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156294&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 156294 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156294&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 156294 03/11/2026 (a) Each OCP shall enter an agreement with the department regarding the terms, conditions, restrictions, benefits, roles and responsibilities of the department and the OCP and the scope of the OCP designation.(b) Among the benefits that may be provided by the department to an OCP-D is the right of the OCP-D to be designated as an "official" OCP-D of the department within a business category and to identify itself as the "Official (specific business category) of Texas Parks and Wildlife" or other variations of this designation, including but not limited to the "Official (specific business category) of Texas State Parks."(c) Among the benefits that may be provided by the department to an OCP-L is the right to be designated as the "official" OCP-L for the program, project or site for which the OCP-L is designated or within a business category for the program, project, or site and be allowed to identify itself as an "Official (specific business category) of the (specific program, project or site)."(d) An OCP shall maintain and retain all work and other supporting documents pertaining to its designation as the OCP and all work performed pursuant to its designation as an OCP. Such documents shall be provided or made available, upon request, for purposes of inspecting, monitoring, auditing, or evaluating by the department and any authorized agency of the State of Texas.(e) An OCP shall carry out the fiscal, business, legal, and tax responsibilities required and appropriate for an entity of the size and structure as the OCP.(f) An OCP's work with the department must not conflict with the department's mission and goals.(g) An OCP must be authorized to conduct business in the state of Texas and must be in good standing with the State of Texas.(h) Any fundraising or programs undertaken by the OCP for the benefit of the department must be approved in advance in writing by the department.(i) An OCP shall not subcontract or enter an agreement with another person or entity to carry out the OCP's functions as an OCP, except as agreed in writing by the department.(j) The OCP shall submit funds generated on behalf of or for the benefit of the department as soon as possible and in a manner as determined by the department. During the time such funds are being held by the OCP, the OCP shall manage and account for such funds in accordance with applicable accounting standards.(k) All projects undertaken for the department by an OCP-L must be related to and supportive of the department project, program or site for which the OCP-L is designated.(l) Nothing in this subchapter shall limit the ability of an OCP to make an unrestricted donation of cash, goods, or services to the department, so long as the donation is accepted by the department in accordance with applicable law and department policy. Such a donation may be for a specific purpose or program. Source Note: The provisions of this §51.702 adopted to be effective May 3, 2012, 37 TexReg 3164. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 51 EXECUTIVE P OFFICIAL CORPORATE PARTNERS §51.702 Guidelines https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156295&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 156295 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156295&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 156295 03/11/2026 (a) Department funds shall not be used to advertise a product and/or service of the OCP, except as follows:(1) to provide information about the relationship with the OCP and encourage public participation in OCP-sponsored activities or events in support of the department's mission;(2) to provide information about the availability of products and/or services of an OCP that have been created and/or are being made available pursuant to an agreement with the department to support department programs, projects or sites; and(3) to offset fulfillment costs or opportunity costs incurred by the department to provide advertising to the OCP in department publications, web sites, at department sites and other department vehicles and outlets.(b) The OCP shall not use department brands, except as authorized by written agreement with the department.(c) The department may provide to an OCP opportunities to run advertising in department publications, web sites, other media vehicles, and/or at department sites so long as such advertising:(1) has been approved in writing in advance by the department's executive director or designee;(2) is in the best interest of the department and does not conflict with the department's mission and goals;(3) if on a department site, preserves the natural and scenic integrity of the site and minimizes distractions that may interfere with the enjoyment of the site by visitors; and(4) is not more prominent than and does not overshadow the role of the department.(d) The designation of an OCP as the exclusive OCP for a specific business category shall not limit the department's ability to accept advertising from potential competitors of the OCP in department publications, web sites and other media, including but not limited to the Texas Parks and Wildlife Magazine.(e) The department will not accept any advertisement that does not comply with the requirements of Parks and Wildlife Code, §11.0172 and §11.0173, and §51.72 of this title (relating to Youth-appropriate Advertising). Source Note: The provisions of this §51.703 adopted to be effective May 3, 2012, 37 TexReg 3164. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 51 EXECUTIVE P OFFICIAL CORPORATE PARTNERS §51.703 Advertising https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160114&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 160114 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160114&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 160114 03/11/2026 (a) The department may license the use of one or more department brands:(1) as a benefit to an OCP-D; or(2) as a means to generate revenue for the department.(b) The department will not license a use of department brands that conflicts with the department's mission and the goals.(c) Except as otherwise provided herein, the department shall use a competitive process to award the licensing rights for one or more department's brands. Provided, however, the department's executive director, or designee may waive competitive process requirement if such a waiver is in the best interest of the department.(d) Any licensing or use of the department brands shall be subject to the terms, conditions, restrictions and time frame(s) specified in writing by the department.(e) Nothing in this section shall be construed to prohibit the department from authorizing the use of one or more department brands to recognize a person or entity that joins with and/or provides support to the department, including but not limited to an OCP-L, or a sponsor or supporter of a department program, project or site.(f) Unless otherwise authorized by this subchapter, private use of department brands is not permitted without a prior written agreement with the department.(g) The department may deny the use of department brands when such use is not in the best interest of the department. Source Note: The provisions of this §51.704 adopted to be effective May 3, 2012, 37 TexReg 3164; amended to be effective January 2, 2013, 37 TexReg 10228. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 51 EXECUTIVE P OFFICIAL CORPORATE PARTNERS §51.704 Licensing of the Department Brands https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=182811&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 182811 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=182811&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 182811 03/11/2026 (a) The executive director of the department may approve specific promotional event packages to be made available to individual members of the public by means of random drawing as provided in this section. Prior to approval of any promotional event package under this section, the executive director shall ensure that:(1) the aggregate value of the packages offered does not exceed $5,000 for any fiscal year, excluding items donated to the department;(2) the anticipated value or benefit of any specific package is equal to or exceeds the value of the components of the package (not to include the value of package components provided or paid for by third parties); and(3) the terms and conditions of each drawing for a specific package have been enumerated.(b) For the purposes of this section, "promotional event package" means any combination of the following:(1) a recreational hunting (resident only), fishing, or combination hunting and fishing license (stamp endorsements included); (2) a state parks annual entrance permit;(3) a one-year subscription to Texas Parks & Wildlife magazine;(4) entry and/or lodging at a state park, state natural area, wildlife management area, or other facility owned, leased, or operated by the department;(5) hunting or fishing privileges (including all necessary permits) on lands owned or leased by the department, including a state park, wildlife management area, or state natural area; and(6) goods, products, or services provided to the department or paid for by a third party.(c) A person is eligible to be selected at random to receive a promotional event package authorized in accordance with subsection (a) of this section upon providing the department a valid email address and satisfying one or more of the following conditions, as may be specified by the department:(1) purchase of:(A) a recreational hunting (resident only), fishing, or combination license;(B) a state parks annual entrance permit;(C) entry and/or lodging at a state park, state natural area, wildlife management area, or other facility owned, leased, or operated by the department;(D) one-year subscription to Texas Parks & Wildlife magazine; or(2) payment of a specified entry fee not to exceed $25; or(3) subscription to one or more of the department's email topics (subscription must be active at the time of drawing).(d) The department will notify winners by use of the email address on file with the department.(e) The department shall publish the terms and conditions for each promotional event package on the department's official website.(f) A person who is selected to receive a magazine subscription, state parks annual pass, or recreational hunting, fishing, or combination hunting and fishing license that the person already holds will be issued the subscription, pass, or license at no cost valid at the time of renewal or for the following license year.(g) A promotional event package may not be sold, exchanged for anything of value, or transferred to another person. Source Note: The provisions of this §51.750 adopted to be effective March 12, 2015, 40 TexReg 1093; amended to be effective February 16, 2017, 42 TexReg 566. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 51 EXECUTIVE Q PROMOTIONAL DRAWINGS §51.750 Promotional Drawings https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=139690&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 139690 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=139690&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 139690 03/11/2026 This chapter constitutes the policy of the commission concerning stocking of fish and wildlife. All stockings made or authorized by the department shall be consistent with this policy. Source Note: The provisions of this §52.101 adopted to be effective March 20, 1990, 15 TexReg 1238; amended to be effective December 1, 1995, 20 TexReg 9568; amended to be effective February 2, 2009, 34 TexReg 666. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 52 STOCKING POLICY §52.101 Purpose and Scope https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3533&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3533 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3533&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3533 03/11/2026 The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Department--The Texas Parks and Wildlife Department.(2) Executive director--The executive director of the Texas Parks and Wildlife Department.(3) Stocking--The taking, transporting, and releasing of fish and wildlife. Source Note: The provisions of this §52.102 adopted to be effective March 20, 1990, 15 TexReg 1238. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 52 STOCKING POLICY §52.102 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18779&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18779 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18779&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18779 03/11/2026 It is the goal of the department to pursue a stocking program, including the taking, transporting and releasing of fish and wildlife, in its management effort to ensure an ample supply of these resources for public enjoyment. The department also may authorize individuals, where appropriate and when approved by the department, to capture, transport and release wildlife. Source Note: The provisions of this §52.103 adopted to be effective March 20, 1990, 15 TexReg 1238; amended to be effective December 1, 1995, 20 TexReg 9568. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 52 STOCKING POLICY §52.103 Goals https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=182813&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 182813 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=182813&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 182813 03/11/2026 (a) All stockings shall be for either investigation, propagation, distribution, scientific, educational or other valid management purposes.(b) Departmental stocking of fish and wildlife on public lands and in public waters shall be consistent with the annual operational plan.(c) The department may take fish and wildlife or authorize the taking of wildlife by individuals from private and public lands only with landowner consent.(d) The department shall consider the impacts of any taking or stocking of the species on the existing biological ecosystem.(e) The department may enter into written agreements with states, countries, or other entities to take, transport, or release fish and wildlife. Source Note: The provisions of this §52.104 adopted to be effective March 20, 1990, 15 TexReg 1238; amended to be effective December 1, 1995, 20 TexReg 9568; amended to be effective February 16, 2017, 42 TexReg 567. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 52 STOCKING POLICY §52.104 Policy of the Department https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18789&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18789 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18789&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18789 03/11/2026 (a) The executive director shall prescribe the form, stipulations, and conditions for any written agreement concerning the taking or stocking of fish and wildlife.(b) The executive director is authorized to notify the commission of all stocking requests.(c) The executive director is authorized to refer requests for taking, transporting, or releasing of fish or wildlife to the commission.(d) The executive director is authorized to accept private participation, donations, and cost sharing in the department's stocking program.(e) The executive director shall submit an annual stocking report to the commission.(f) The executive director may delegate the duties contained in this section to department staff. Source Note: The provisions of this §52.105 adopted to be effective March 20, 1990, 15 TexReg 1238; amended to be effective December 1, 1995, 20 TexReg 9568. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 52 STOCKING POLICY §52.105 Powers and Duties of the Executive Director https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3534&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3534 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3534&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3534 03/11/2026 Wildlife stockings which meet conditions required for funding under the Pittman-Robertson Federal Aid in Wildlife Restoration Program may be approved by the executive director. Conditions published in the most recent edition of the Federal Aid in Fish and Wildlife Restoration Manual will apply. Source Note: The provisions of this §52.201 adopted to be effective March 20, 1990, 15 TexReg 1238; amended to be effective December 1, 1995, 20 TexReg 9568. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 52 STOCKING POLICY §52.201 Departmental Stocking under Federal Funding Guidelines https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18791&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18791 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18791&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18791 03/11/2026 (a) If warranted, the areas into which a species is introduced will be under the control of the department for a period sufficient to establish the species. Control may be achieved by written permission granted by the landowner that contains specific mention of the species to be introduced.(b) Sufficient area around the release site may be closed to the taking of the introduced species until the restoration objective is achieved.(c) The areas shall have suitable natural habitat capable of sustaining the animals stocked.(d) Other protected animal populations which interfere during the period of establishment may be temporarily suppressed only with department approval.(e) No adverse impacts will result on a federally listed threatened or endangered species or its critical habitat. Source Note: The provisions of this §52.202 adopted to be effective March 20, 1990, 15 TexReg 1238; amended to be effective December 1, 1995, 20 TexReg 9568. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 52 STOCKING POLICY §52.202 Conditions for Stockings Made or Authorized by the Department https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18790&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18790 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18790&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18790 03/11/2026 (a) Wildlife stockings which do not meet conditions required for funding under the Pittman-Robertson Federal Aid in Wildlife Restoration Program shall be consistent with the annual operational plan and the area must be suitable for the proposed stocking purpose.(b) The stocking must also have no adverse impacts on state or federally listed threatened or endangered species or their critical habitat and a written agreement must be executed. Source Note: The provisions of this §52.301 adopted to be effective March 20, 1990, 15 TexReg 1238; amended to be effective December 1, 1995, 20 TexReg 9568. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 52 STOCKING POLICY §52.301 Non-Federally Funded Departmental Stocking https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=182814&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 182814 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=182814&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 182814 03/11/2026 (a) Policy. Fish reared in department hatcheries may be stocked in private water only for the purposes specified in §52.104(a) of this title (relating to Policy of the Department).(b) Conditions for stocking fish.(1) Stocking of any indigenous or exotic fish, shellfish, or aquatic plants shall be consistent with the annual operational plan.(2) The water must be suitable for the proposed stocking purpose.(3) The stocking must have no adverse impacts on state or federally listed threatened or endangered species or their critical habitat.(4) A written agreement must be executed and signed by the executive director.(5) During the time period specified in the written agreement required by paragraph (4) of this subsection, private waters stocked under this subchapter shall not be subject to fishing in exchange for money or anything of value. Source Note: The provisions of this §52.401 adopted to be effective March 20, 1990, 15 TexReg 1238; amended to be effective December 1, 1995, 20 TexReg 9568; amended to be effective February 16, 2017, 42 TexReg 567. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 52 STOCKING POLICY §52.401 Fish Stocking in Private Waters https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225747&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 225747 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225747&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 225747 03/11/2026 (a) Except for the fees established in Chapter 59 of this title (relating to Parks) and Chapter 69, Subchapter H, of this title (relating to Issuance of Marl, Sand, and Gravel Permits), the fees established by this chapter prevail over all other chapters in this title. (b) The following words and terms, when used in this chapter, shall have the following meaning, unless the context clearly indicates otherwise.(1) Digital product (digital license, digital stamp endorsement, digital tag, digital permit)--A license, stamp endorsement, tag, or permit issued by the department that is not a physical license, physical stamp endorsement, physical tag, or physical permit but serves as virtual documentation of a person's hunting and/or fishing privileges and compliance with the applicable license and permit requirements of the Parks and Wildlife Code and rules of the commission.(2) Electronic acquisition (electronically)--Acquisition of a license, stamp endorsement, tag, or permit, issued in either digital or physical form, from the department by phone or online.(3) Physical product (physical license, physical stamp endorsement, physical tag, or physical permit)--A tangible, material license, stamp endorsement, tag, or permit issued by the department that serves as tangible documentation of a person's specific hunting and/or fishing privileges and compliance with the applicable license and permit requirements of the Parks and Wildlife Code and the rules of the commission.(4) Virtual documentation--An electronic record obtained from and maintained by the department indicating the purchase, possession, or acquisition of a digital product. Source Note: The provisions of this §53.1 adopted to be effective July 7, 2004, 29 TexReg 6309; amended to be effective July 31, 2025, 50 TexReg 4946. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 53 FINANCE A FEES §53.1 Applicability; Definitions. https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225748&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 225748 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225748&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 225748 03/11/2026 (a) Hunting license.(1) Except as provided in this section, no person may hunt in this state without having a valid physical hunting license in immediate possession.(2) A person may hunt in this state without having a valid physical hunting license in immediate possession if that person has acquired a license electronically and has either: (A) a receipt, notification, or application data from the department on a smart phone, computer, tablet, or similar device indicating acquisition of an appropriate digital product identified in §53.18 of this title (relating to Digital Products); or (B) a valid confirmation number in possession while awaiting fulfilment of the physical license. Confirmation numbers shall only be valid for 20 days from date of purchase.(3) Except as provided in this section, a person may hunt deer in this state without having a valid physical hunting license in immediate possession only if that person:(A) has acquired a license electronically and has a valid confirmation number in possession while awaiting fulfilment of the physical license; and(B) is lawfully hunting:(i) under the provisions of §65.29 of this title (relating to Managed Lands Deer (MLD) Programs);(ii) by special permit under the provisions of Chapter 65, Subchapter H of this title (relating to Public Lands Proclamation);(iii) on department-leased lands under the provisions of Parks and Wildlife Code, §11.0271; or(iv) by special antlerless permit issued by the U.S. Forest Service (USFS) for use on USFS lands that are part of the department's public hunting program.(4) For the purposes of this chapter, any person under the age of 17 is a resident.(b) Fishing license; Tags. (1) A person may fish in this state without having a valid physical fishing license in immediate possession if that person: (A) is exempt by rule or statute from holding a fishing license; or(B) has acquired a license electronically and has either: (i) a receipt, notification, or application data from the department on a smart phone, computer, tablet, or similar device indicating acquisition of a digital product identified in §53.18 of this title; or (ii) a valid confirmation number in possession while awaiting fulfilment of the physical license. Confirmation numbers shall only be valid for 20 days from date of purchase.(2) No person may catch and retain a red drum or spotted seatrout exceeding the maximum length limit established in Chapter 57, Subchapter N, Division 2, of this title (relating to Statewide Recreational Fishing Proclamation in the coastal waters of this state without having a valid physical fishing license, saltwater sportfishing stamp (unless exempt), and valid appropriate (red drum or spotted seatrout) tag in immediate possession, unless the person has purchased a valid digital product identified in §53.18 of this title. (c) Issuance of licenses and stamp endorsements electronically (on-line or by telephone). (1) A person may acquire recreational hunting and/or fishing licenses electronically from the department by agreeing to pay a convenience fee of up to $5 per license in addition to the normal license fee.(2) A person may acquire recreational hunting and/or fishing stamp endorsements electronically from the department by agreeing to pay a convenience fee of up to $5 per stamp order in addition to the normal stamp endorsement fee(s). This fee shall not be charged if a license is acquired during the same transaction.(3) The fees established by this subsection also apply to the electronic acquisition of a digital product identified in §53.18 of this title. (d) The following categories of persons are exempt from fishing license requirements and fees:(1) residents under 17 years of age;(2) non-residents under 17 years of age;(3) non-residents 65 years of age or older who are residents of Louisiana and who possess a Louisiana recreational fishing license;(4) non-residents 65 years of age or older who are residents of Oklahoma;(5) persons who hold valid Louisiana non-resident fishing licenses while fishing on all waters inland from a line across Sabine Pass between Texas Point and Louisiana Point that form a common boundary between Texas and Louisiana if the State of Louisiana allows a reciprocal privilege to persons who hold valid Texas annual or temporary non-resident fishing licenses; and(6) residents of Louisiana who meet the licensing requirements of their state while fishing on all waters inland from a line across Sabine Pass between Texas Point and Louisiana Point that form a common boundary between Texas and Louisiana if the State of Louisiana allows a reciprocal privilege to Texas residents who hold valid Texas fishing licenses.(e) A Louisiana resident who holds a valid Louisiana license equivalent to the Texas freshwater fishing guide license may engage in business as a fishing guide on all Texas waters north of the Interstate Highway 10 bridge across the Sabine River that form a common boundary between Texas and Louisiana, provided the State of Louisiana allows a reciprocal privilege to persons who hold a valid Texas resident freshwater fishing guide license. Except as may be specifically provided elsewhere in this chapter or Parks and Wildlife Code, no person may take or attempt to take fish in Texas public waters without first having obtained a Texas license valid for that purpose.(f) An administrative fee of $3 shall be charged for replacement of lost or destroyed licenses, stamp endorsements, or permits. This fee shall not be charged for items which have a fee for duplicates otherwise prescribed by rule or statute.(g) A license or permit issued under the Parks and Wildlife Code or this title that has been denied or revoked by the department may not be re-issued or reinstated unless the person applying for re-issuance or reinstatement applies to the department for re-issuance or reinstatement and pays to the department an application review fee of $100, in addition to any other fees or penalties required by law.(h) A person who has purchased a valid physical hunting, fishing, or combination hunting and fishing license product but is not in physical possession of that physical license product in any circumstance for which physical possession of the license product is required may use a wireless communications device (laptop, cellphone, smart phone, electronic tablet, phablet, or similar device) to satisfy applicable license possession requirements. (1) Upon request for proof of licensure by a department employee in the performance of official duties, a person may display one of the following images via a wireless communications device:(A) an image of information from the Internet website of the department or mobile application verifying issuance of the license valid for the activity or circumstance for which proof of licensure has been requested; or(B) a display image of a digital photograph of the applicable license issued to the person.(2) The requirements of paragraph (1)(B) of this subsection are satisfied by separate digital images of the entirety of the front and back of the license. The images must be of a resolution, contrast, and image size sufficient to allow definitive verification of the information on the license.(3) This subsection applies only to proof of licensure and does not relieve any person from any legal requirement or obligation to be in physical possession of a stamp, stamp endorsement, tag, or permit. Source Note: The provisions of this §53.2 adopted to be effective July 7, 2004, 29 TexReg 6309; amended to be effective October 13, 2004, 29 TexReg 9540; amended to be effective May 14, 2007, 32 TexReg 2659; amended to be effective October 9, 2007, 32 TexReg 7074; amended to be effective August 15, 2009, 34 TexReg 5381; amended to be effective September 1, 2012, 37 TexReg 3596; amended to be effective May 9, 2013, 38 TexReg 2765; amended to be effective July 2, 2017, 42 TexReg 3386; amended to be effective September 19, 2019, 44 TexReg 5400; amended to be effective January 18, 2022, 47 TexReg88;amended to be effective July 11, 2023, 48 TexReg 3685; amended to be effective September 1, 2024, 49 TexReg 6242; amended to be effective July 31, 2025, 50 TexReg 4946. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 53 FINANCE A FEES §53.2 License Issuance Procedures, Fees, Possession, and Exemption Rules https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225749&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 225749 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225749&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 225749 03/11/2026 (a) Combination hunting and fishing license packages may be priced at an amount less than the sum of the license and stamp prices of the individual licenses and stamps included in the package. (1) Resident combination hunting and freshwater fishing package--$50. Package consists of a resident hunting license, a resident fishing license and a freshwater fish stamp;(2) Resident combination hunting and saltwater fishing package--$55. Package consists of a resident hunting license, a resident fishing license, a saltwater sportfishing stamp, a spotted seatrout tag, and a red drum tag;(3) Resident combination hunting and "all water" fishing package--$60. Package consists of a resident hunting license, a resident fishing license, a freshwater fish stamp, a saltwater sportfishing stamp, a spotted seatrout tag, and a red drum tag;(4) Resident senior combination hunting and freshwater fishing package--$16. Package consists of a senior resident hunting license, a senior resident fishing license and a freshwater fish stamp;(5) Resident senior combination hunting and saltwater fishing package--$21. Package consists of a senior resident hunting license, a senior resident fishing license, a saltwater sportfishing stamp, a spotted seatrout tag, and a red drum tag;(6) Resident senior combination hunting and "all water" fishing package--$26. Package consists of a senior resident hunting license, a senior resident fishing license, a freshwater fish stamp, a saltwater sportfishing stamp, a spotted seatrout tag, and a red drum tag;(7) Resident super combination hunting and "all water" fishing package--$68. Package consists of a resident hunting license, a migratory game bird stamp, an upland game bird stamp, an archery stamp, a resident fishing license, a freshwater fish stamp, a saltwater sportfishing stamp, a spotted seatrout tag, and a red drum tag;(8) Resident senior super combination hunting and "all water" fishing package--$32. Package consists of a senior resident hunting license, a migratory game bird stamp, an upland game bird stamp, an archery stamp, a senior resident fishing license, a freshwater fish stamp, a saltwater sportfishing stamp, a spotted seatrout tag, and a red drum tag;(9) Resident disabled veteran super combination hunting and "all water" fishing package--$0. Package consists of a resident hunting license, a migratory game bird stamp, an upland game bird stamp, an archery stamp, a resident fishing license, a freshwater fish stamp, a saltwater sportfishing stamp, a spotted seatrout tag, and a red drum tag;(10) Nonresident disabled veteran super combination hunting and "all water" fishing package--$0. Package consists of a resident hunting license, a migratory game bird stamp, an upland game bird stamp, an archery stamp, a resident fishing license, a freshwater fish stamp, a saltwater sportfishing stamp, a spotted seatrout tag, and a red drum tag. For purposes of this paragraph, a nonresident disabled veteran is a resident for the purpose of obtaining a super combination hunting and "all water" fishing package.(11) Texas resident active-duty military super combination hunting and "all water" fishing package--$0. Package consists of a resident hunting license, an upland game bird stamp, a migratory game bird stamp, an archery stamp, a resident fishing license, a freshwater fish stamp, a saltwater sportfishing stamp, a spotted seatrout tag, and a red drum tag; and(12) Replacement combination or replacement super combination packages--$10 except for a replacement disabled veteran super combination hunting and "all water" fishing package or a Texas resident active-duty military super combination hunting and "all water" fishing package, which shall be replaced at no charge. (b) For purposes of this section, a "disabled veteran" is a veteran meeting the requirements of Parks and Wildlife Code, §42.012(c). Source Note: The provisions of this §53.3 adopted to be effective July 7, 2004, 29 TexReg 6309; amended to be effective October 18, 2005, 30 TexReg 6763; amended to be effective August 15, 2009, 34 TexReg 5381; amended to be effective May 9, 2013, 38 TexReg 2765; amended to be effective December 29, 2013, 38 TexReg 9371; amended to be effective January 25, 2016, 41 TexReg 682; amended to be effective October 12, 2016, 41 TexReg 8070; amended to be effective January 18, 2022, 47 TexReg 88; amended to be effective September 1, 2024, 49 TexReg 6242; amended to be effective July 31, 2025, 50 TexReg 4946. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 53 FINANCE A FEES §53.3 Combination Hunting and Fishing License Packages https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225750&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 225750 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225750&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 225750 03/11/2026 (a) Fees.(1) lifetime resident super combination hunting and "all water" fishing package--$1,800.(2) lifetime resident hunting--$1,000;(3) lifetime resident fishing--$1,000;(4) upgrade of lifetime resident hunting/fishing license to resident lifetime super combination hunting and "all-water" fishing package--$800; and(5) replacement lifetime licenses--$10.(b) Special provision. A nonresident designated by proclamation of the governor to be an Honorary Citizen for the purpose of buying a lifetime license is a resident for the purpose of purchasing a lifetime license.(c) Special resident lifetime super combination hunting and "all water" fishing license package with one-year subscription to Texas Parks and Wildlife Magazine. The non-refundable application fee for an individual applying for a computer-selected drawing for a special resident lifetime super combination hunting and "all water" fishing package with one-year subscription to Texas Parks and Wildlife Magazine is $5 per entry in the drawing. Persons 16 years of age or younger are not eligible to purchase entries in the drawing created by this subsection. A person who wins a special resident lifetime super combination hunting and "all water" fishing package may transfer the license to another person within 30 days of being notified by the department of winning. A license under this subsection is transferable only to a Texas resident and such a transfer is permanent and final. Source Note: The provisions of this §53.4 adopted to be effective July 7, 2004, 29 TexReg 6309; amended to be effective September 1, 2009, 34 TexReg 5381; amended to be effective January 18, 2022, 47 TexReg 88; amended to be effective August 15, 2023, 48 TexReg 4119; amended to be effective July 31, 2025, 50 TexReg 4946. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 53 FINANCE A FEES §53.4 Lifetime Licenses https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226677&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 226677 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226677&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 226677 03/11/2026 (a) Hunting Licenses:(1) resident hunting--$25;(2) senior resident hunting--$7. Valid for residents who are 65 years of age or older on the date of license purchase;(3) youth hunting--$7. Valid for any person under 17 years of age on the date of license purchase. (4) nonresident general hunting--$315;(5) nonresident five-day hunting--$48;(6) Texas resident active-duty military hunting package--$0. Package consists of a resident hunting license, an upland game bird stamp, a migratory game bird stamp, an archery stamp.(b) Replacement licenses. Except as otherwise provided in this subsection, the fee for replacement of any hunting license is $10.(1) senior resident hunting replacement--$6;(2) youth hunting replacement--$6; and(3) Texas resident active duty military hunting package replacement--$0.(c) Hunting stamps and tags:(1) upland game bird--$7;(2) migratory game bird--$7;(3) archery hunting--$7; and(4) Federal Migratory Bird Hunting and Conservation Stamp--all applicable federal fees, plus $2.00.(d) Managed Lands Deer Program (MLDP). The annual fees for participation in the Managed Lands Deer Program under §65.29 of this title are as follows and are nonrefundable.(1) Properties enrolled in the Harvest Option (HO).(A) For each management unit within a property that is not part of an aggregate acreage - $30; and(B) For each aggregate acreage - $30.(2) Properties enrolled in the Conservation Option (CO).(A) Enrollment by management unit.(i) For the first management unit within a property - $300;(ii) For each additional management unit within a property - $30; and(iii) For each management unit within a wildlife management association or cooperative - $30.(B) Enrollment by aggregate acreage - $300. Source Note: The provisions of this §53.5 adopted to be effective July 7, 2004, 29 TexReg 6309; amended to be effective October 18, 2005, 30 TexReg 6763; amended to be effective May 14, 2007, 32 TexReg 2659; amended to be effective October 9, 2007, 32 TexReg 7074; amended to be effective August 15, 2009, 34 TexReg 5381; amended to be effective May 9, 2013, 38 TexReg 2767; amended to be effective February 12, 2015, 40 TexReg 608; amended to be effective September 15, 2015, 40 TexReg 6132; amended to be effective June 15, 2020, 45 TexReg 4044; amended to be effective August 15, 2023, 48 TexReg 4119; amended to be effective November 13, 2025, 50 TexReg 7341. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 53 FINANCE A FEES §53.5 Recreational Hunting Licenses, Stamps, and Tags https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225751&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 225751 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225751&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 225751 03/11/2026 (a) The items listed in this subsection are sold only as part of a package. The price and terms of these items are as follows:(1) resident fishing license--$25;(2) special resident fishing license (valid for residents who are legally blind as described in Parks and Wildlife Code, §46.004)--$7 (one red drum and one spotted seatrout tag shall be available at no additional charge with the purchase of a special resident fishing license);(3) senior resident fishing license (valid for residents who are 65 years of age or older on the date of license purchase)--$7;(4) "year-from-purchase" resident fishing license--$32. The "Year-from-purchase" resident fishing license is valid from the date of purchase through the end of the purchase month of the subsequent year;(5) non-resident fishing license--$53; and(6) Texas resident active-duty military "all water" fishing package--$0. Package consists of a resident fishing license, a freshwater fish stamp, and a saltwater sportfishing stamp with a red drum and a spotted seatrout tag.(b) The items listed in this subsection may be sold individually or as part of a package. Stamps sold individually shall be valid from the date of purchase or the start date of the license year, whichever is later, through the last day of the license year. Stamps sold as part of a fishing package shall be valid for the same time period as the license included in the package as specified in this rule. The price of these stamps is as follows:(1) freshwater fishing stamp--$5; and(2) saltwater sportfishing stamp--$7 plus a saltwater sportfishing stamp surcharge of $3. A red drum tag and a spotted seatrout tag shall be issued at no additional charge with each saltwater sportfishing stamp.(c) Fishing packages and licenses. The price of any fishing package shall be the sum of the price of the individual items included in the package:(1) resident freshwater fishing package--$30. Package consists of a resident fishing license and a freshwater fish stamp;(2) resident saltwater fishing package--$35. Package consists of a resident fishing license and a saltwater sportfishing stamp with a red drum tag and a spotted seatrout tag;(3) resident "all water" fishing package--$40. Package consists of a resident fishing license, a freshwater fishing stamp, and a saltwater sportfishing stamp with a red drum tag and a spotted seatrout tag;(4) senior resident freshwater fishing package--$12. Package consists of a senior resident fishing license and a freshwater fishing stamp;(5) senior resident saltwater fishing package--$17. Package consists of a senior resident fishing license and a saltwater sportfishing stamp with a red drum tag and a spotted seatrout tag;(6) senior resident "all water" fishing package--$22. Package consists of a senior resident fishing license, a freshwater fishing stamp, and a saltwater sportfishing stamp with a red drum tag and a spotted seatrout tag;(7) "year-from-purchase" resident "all water" fishing package--$47. Package consists of a "year-from-purchase" resident fishing license, a freshwater fishing stamp, and a saltwater sportfishing stamp with a red drum tag and a spotted seatrout tag;(8) resident one-day "all water" fishing license--$11. One red drum tag and one spotted seatrout tag shall be available at no additional charge with the purchase of the first one-day license only;(9) non-resident freshwater fishing package--$58. Package consists of a non-resident fishing license and a freshwater fish stamp;(10) non-resident saltwater fishing package--$63. Package consists of a non-resident fishing license and a saltwater sportfishing stamp with a red drum tag and a spotted seatrout tag;(11) non-resident "all water" fishing package--$68. Package consists of a non-resident fishing license, a freshwater fishing stamp, and a saltwater sportfishing stamp with a red drum tag and a spotted seatrout tag;(12) non-resident one-day "all water" fishing license--$16. One red drum tag and one spotted seatrout tag shall be available at no additional charge with the purchase of the first one-day license only; and(13) Lake Texoma fishing license--$12. Holders of a valid Lake Texoma License are exempt from freshwater fishing stamp requirements solely for the purpose of fishing on Lake Texoma.(d) Replacement licenses and packages.(1) Except as otherwise provided in this subsection, the fee for replacement of a fishing package or license is $10.(2) The fee for replacement of a special resident all-water fishing package is $6.(3) The fee for replacement of a Texas resident active-duty military and "all water" fishing package replacement is $0.(e) Fishing tags: (1) exempt angler red drum tag (provides a red drum tag for persons that are exempt by statute or rule from the purchase of a resident or non-resident fishing license of any type or duration)--$3; (2) bonus red drum tag (provides a second red drum tag to persons who have previously received a red drum tag)--$3; (3) exempt angler spotted seatrout tag (provides a spotted seatrout tag for persons who are exempt by statute or rule from the purchase of a resident or non-resident fishing license of any type or duration)--$3; (4) bonus spotted seatrout tag (provides a second spotted seatrout tag to persons who have previously received a spotted seatrout tag)--$3; (5) individual bait-shrimp trawl tag--$37; and(6) saltwater trotline tag--$5. Source Note: The provisions of this §53.6 adopted to be effective July 7, 2004, 29 TexReg 6309; amended to be effective January 3, 2005, 29 TexReg 12229; amended to be effective July 6, 2006, 31 TexReg 5341; amended to be effective May 14, 2007, 32 TexReg 2659; amended to be effective August 15, 2009, 34 TexReg 5381; amended to be effective May 9, 2013, 38 TexReg 2767; amended to be effective February 12, 2015, 40 TexReg 608; amended to be effective August 15, 2023, 48 TexReg 4119; amended to be effective September 1, 2024, 49 TexReg 6242; amended to be effective July 31, 2025, 50 TexReg 4946. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 53 FINANCE A FEES §53.6 Recreational Fishing Licenses, Stamps, and Tags https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161738&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 161738 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161738&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 161738 03/11/2026 (a) resident trapper's--$19;(b) nonresident trapper's--$315;(c) resident wholesale fur dealer's--$189;(d) furbearing animal propagation permit--$95;(e) nonresident wholesale fur dealer's--$401. Source Note: The provisions of this §53.7 adopted to be effective July 7, 2004, 29 TexReg 6309; amended to be effective April 22, 2008, 33 TexReg 3299; amended to be effective August 15, 2009, 34 TexReg 5381; amended to be effective May 9, 2013, 38 TexReg 2767. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 53 FINANCE A FEES §53.7 Furbearing Animal Licenses and Permits https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156297&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 156297 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156297&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 156297 03/11/2026 (a) resident retail alligator dealer's permit--$126;(b) nonresident retail alligator dealer's permit--$504;(c) resident wholesale alligator dealer's permit--$252;(d) nonresident wholesale alligator dealer's permit--$1,008;(e) alligator import permit--$105;(f) alligator farmer permit--$252;(g) nuisance alligator control permit--$252;(h) alligator nest stamp--$63;(i) wild caught alligator hide tag--$21;(j) farm raised alligator hide tag--$5;(k) commercial wildlife management area alligator hide tag--$126;(l) alligator export fee--$5 per alligator, except for alligators accompanied by a valid department issued hide tag;(m) alligator management tag--$6; and(n) nuisance alligator control tag--free. Source Note: The provisions of this §53.8 adopted to be effective July 7, 2004, 29 TexReg 6309; amended to be effective July 6, 2006, 31 TexReg 5341; amended to be effective August 15, 2009, 34 TexReg 5381; amended to be effective May 3, 2012, 37 TexReg 3169. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 53 FINANCE A FEES §53.8 Alligator Licenses, Permits, Stamps, and Tags https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146917&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 146917 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146917&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 146917 03/11/2026 (a) apprentice falconer's:(1) one-year--$21;(2) two-year--$42;(3) three-year--$63;(4) four-year--$84; and(5) five-year--$105.(b) general falconer's--$126;(c) master falconer's--$189;(d) falconer's renewal:(1) one-year--$21;(2) two-year--$42;(3) three-year--$63;(4) four-year--$84; and(5) five-year--$105.(e) nonresident raptor trapper's--$378; and(f) raptor propagator permit--$63. Source Note: The provisions of this §53.9 adopted to be effective July 7, 2004, 29 TexReg 6309; amended to be effective December 25, 2006, 31 TexReg 10339; amended to be effective August 15, 2009, 34 TexReg 5381; amended to be effective August 4, 2010, 35 TexReg 6669. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 53 FINANCE A FEES §53.9 Falconry Permits https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224494&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 224494 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224494&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 224494 03/11/2026 (a) Hunting and access permits:(1) annual public hunting--$48;(2) replacement annual public hunting--$10;(3) limited public use--$12;(4) replacement limited public use--$10; and(5) mentored hunting permit--$25.(b) Special and regular permits. The following permit fee amounts apply only to persons 17 years of age and older:(1) special permits.(A) standard period for deer, exotic mammal, pronghorn, javelina, turkey, coyote, alligator--$80;(B) extended period for deer, exotic mammal, alligator, and management deer hunts on private lands leased by the department--$130; and(C) special package hunts (Big Time Texas Hunts, other guided hunts, and management deer hunts on private lands leased by the department)--no charge.(2) regular (daily) permit. For squirrel, game birds (other than turkey), feral hogs, rabbits and hares--$20;(c) Application fee. The following fee amounts apply only to persons 17 years of age or older. The non-refundable application fee for individuals applying for computer-selected participant hunting opportunities is:(1) $3 per applicant for participation in drawings for supervised hunts;(2) $10 per applicant for participation in drawings for guided hunts and management deer hunts on private lands leased by the department;(3) $10 per entry for participation in drawings for Big Time Texas Hunts, if not purchased online via the department's website; and(4) $9 per entry for participation in drawings for Big Time Texas Hunts, if purchased online via the department's website.(d) Competitive hunting dog field trial permit fees:(1) 10 or less participants--$105 per day;(2) 11-25 participants--$210 per day;(3) 26-50 participants--$315 per day;(4) 51-75 participants--$420 per day; and(5) 76 or more participants--$525 per day. Source Note: The provisions of this §53.10 adopted to be effective July 7, 2004, 29 TexReg 6309; amended to be effective May 5, 2008, 33 TexReg 3648; amended to be effective August 15, 2009, 34 TexReg 5381; amended to be effective March 24, 2025, 50 TexReg 2076. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 53 FINANCE A FEES §53.10 Public Hunting and Fishing Permits and Fees https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=141581&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 141581 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=141581&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 141581 03/11/2026 (a) hunting lease (less than 500 acres)--$79;(b) hunting lease (more than 500 acres and less than 1,000 acres)-- $147;(c) hunting lease (1,000 acres or more)--$252;(d) private bird hunting area--$84;(e) field trial permit--$63;(f) wildlife management association area hunting lease license (less than 10,000 acres)--$38 plus $6 per participating landowner;(g) wildlife management association area hunting lease license (between 10,000 and 50,000 acres)--$76 plus $6 per participating landowner;(h) wildlife management association area hunting lease license (over 50,000 acres)--$152 plus $6 per participating landowner. Source Note: The provisions of this §53.11 adopted to be effective July 7, 2004, 29 TexReg 6309; amended to be effective August 15, 2009, 34 TexReg 5381. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 53 FINANCE A FEES §53.11 Commercial Hunting Licenses and Permits https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193694&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 193694 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193694&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 193694 03/11/2026 (a) Shrimping licenses. The fee amounts prescribed in paragraph (1) of this subsection reflect the total fee paid by the purchaser and include the surcharges established in paragraph (2) of this subsection, if applicable.(1) Licenses:(A) resident commercial gulf shrimp boat--$495;(B) resident commercial bay shrimp boat--$382.80;(C) resident commercial bait-shrimp boat--$366;(D) resident commercial shrimp boat captain's--$50;(E) nonresident commercial gulf shrimp boat--$1,485;(F) nonresident commercial bay shrimp boat--$825;(G) nonresident commercial bait-shrimp boat--$788; and(H) nonresident commercial shrimp boat captain's--$126.(2) Shrimping license surcharge for shrimp marketing account:(A) resident commercial gulf shrimp boat--$45;(B) resident commercial bay shrimp boat--$34.80;(C) nonresident commercial gulf shrimp boat--$135; and(D) nonresident commercial bay shrimp boat--$75.(3) License transfers:(A) Transfers between living persons.(i) resident commercial gulf shrimp boat license transfer--$25;(ii) resident commercial bay shrimp boat license transfer--$348;(iii) resident commercial bait-shrimp boat license transfer--$366;(iv) nonresident commercial gulf shrimp boat license transfer--$25;(v) nonresident commercial bay shrimp boat license transfer--$750; and(vi) nonresident commercial bait-shrimp boat license transfer--$788.(B) Transfers to heirs (as defined in Parks and Wildlife Code, §77.113).(i) resident commercial bay shrimp boat--$10;(ii) resident commercial bait shrimp boat--$10;(iii) nonresident commercial bay shrimp boat--$10; and(iv) nonresident commercial bait shrimp boat--$10;(4) Replacement display licenses.(A) resident commercial gulf shrimp boat--$25;(B) resident commercial bay shrimp boat--$25;(C) resident commercial bait-shrimp boat--$25;(D) nonresident commercial gulf shrimp boat--$25;(E) nonresident commercial bay shrimp boat--$25;(F) nonresident commercial bait-shrimp boat--$25; and(G) commercial gulf shrimp unloading license--$25.(b) Oystering licenses.(1) Licenses:(A) resident commercial oyster boat--$441;(B) resident sport oyster boat--$13;(C) resident commercial oyster boat captain's--$32;(D) resident commercial oyster fisherman's--$126;(E) nonresident commercial oyster boat--$1,764;(F) nonresident sport oyster boat--$51;(G) nonresident commercial oyster boat captain's--$126; and(H) nonresident commercial oyster fisherman's--$315.(2) License transfers:(A) resident commercial oyster boat transfer--$25; and(B) nonresident commercial oyster boat transfer--$25.(3) Replacement display licenses:(A) resident commercial oyster boat--$25; and(B) nonresident commercial oyster boat--$25.(4) Tags. Harvester/shell recovery tag--$0.20.(c) General, finfish, menhaden, mussel, clam, and miscellaneous licenses.(1) Licenses and permits.(A) commercial fishing boat (required for any boat used in taking aquatic products (except menhaden, oysters, crabs and shrimp) from state waters or unloading aquatic products in Texas taken from outside state waters for commercial purposes):(i) resident--$27;(ii) nonresident--$100.(B) class A menhaden boat--$4,200;(C) class B menhaden boat--$50;(D) resident general commercial fisherman's--$26;(E) resident commercial mussel and clam fisherman's--$38;(F) resident shell buyer's--$126;(G) nonresident general commercial fisherman's--$189;(H) nonresident commercial mussel and clam fisherman's--$1,008;(I) nonresident shell buyer's--$1,890;(J) menhaden fish plant permit--$180;(K) mussel dredge fee--$36; and(L) permit to possess or sell non-game fish--$60;(2) License transfers. Resident commercial fishing boat license transfer--$10.(3) Replacement display licenses.(A) resident commercial fishing boat--$10; and(B) nonresident commercial fishing boat--$10.(d) Crab licenses.(1) Licenses and permits.(A) resident commercial crab fisherman's--$630; and(B) nonresident commercial crab fisherman's--$2,520.(2) License transfers.(A) Transfers between living persons.(i) resident commercial crab fisherman's--$630; and(ii) nonresident commercial crab fisherman's--$2,520.(B) Transfers to heirs (as defined by Parks and Wildlife Code, §78.109).(i) resident commercial crab fisherman's--$10; and(ii) nonresident commercial crab fisherman's--$10.(3) Duplicate display licenses.(A) resident commercial crab fisherman's--$25; and(B) nonresident commercial crab fisherman's--$25.(e) Finfish licenses.(1) Licenses and permits.(A) resident commercial finfish fisherman's--$360; and(B) nonresident commercial finfish fisherman's--$1,440.(2) License transfers.(A) Transfers between living persons.(i) resident commercial finfish fisherman's--$360; and(ii) nonresident commercial finfish fisherman's--$1,440.(B) Transfers to heirs. A license may be transferred to an heir or devisee of the deceased holder of the commercial finfish license, but only if the heir or devisee is a person who in the absence of a will would be entitled to all or a portion of the deceased's property.(i) resident commercial finfish fisherman's--$10; and(ii) nonresident commercial finfish fisherman's--$10.(3) Duplicate display licenses.(A) resident commercial finfish fisherman's--$25; and(B) nonresident commercial finfish fisherman's--$25. Source Note: The provisions of this §53.12 adopted to be effective July 7, 2004, 29 TexReg 6309; amended to be effective May 14, 2007, 32 TexReg 2659; amended to be effective August 15, 2009, 34 TexReg 5381; amended to be effective October 30, 2011, 36 TexReg 7335; amended to be effective April 13, 2017, 42 TexReg 1897; amended to be effective December 27, 2018, 43 TexReg 8475. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 53 FINANCE A FEES §53.12 Commercial Fishing Licenses and Tags https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225375&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 225375 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225375&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 225375 03/11/2026 (a) Licenses. The fee amounts prescribed in paragraphs (1) - (4) of this subsection reflect the total fee paid by the purchaser and include the surcharges established in subsection (b) of this section. (1) retail fish dealer's--$92.40;(2) retail fish dealer's truck--$171.60;(3) wholesale fish dealer's--$825;(4) wholesale fish dealer's truck--$590;(5) bait dealer's--individual--$38;(6) bait dealer-place of business/building--$38;(7) bait dealer-place of business/motor vehicle--$38;(8) bait shrimp dealer's--$215;(9) finfish import--$95;(10) freshwater fishing guide (required for residents or nonresidents who operate a boat for anything of value in transporting or accompanying anyone who is fishing in freshwater of this state)--$132; (11) resident all-water fishing guide--$210;(12) resident paddle craft all-water fishing guide--$210;(13) non-resident all-water fishing guide--$1,050; and(14) non-resident paddle craft all-water fishing guide--$1,050. (b) Business license surcharge for shrimp marketing assistance account.(1) retail fish dealer's--$8.40;(2) retail fish dealer's truck--$15.60;(3) wholesale fish dealer's--$75; and(4) wholesale fish dealer's truck--$51.(c) License transfers.(1) retail fish dealer's license transfer--$25;(2) retail fish dealer's truck license transfer--$25; (3) wholesale fish dealer's license transfer--$25;(4) wholesale fish dealer's truck license transfer--$25; (5) bait dealer's license transfer--$25;(6) bait dealer's-place of business/building license transfer--$25;(7) bait dealer's-place of business/motor vehicle license transfer--$25;(8) bait shrimp dealer's license transfer--$25;(9) finfish import license transfer--$25.(d) Cultivated Oyster Mariculture Fees.(1) Application fee--$200.(2) Cultivated Oyster Mariculture Grow-Out Permit.(A) Portion of site located in public water-- $150 per acre per year.(B) Portion of site located on private property--$57 per acre per year.(3) Cultivated Oyster Mariculture Nursery-Hatchery Permit: the greater of:(A) $150 per year; or(B) the total of $150 per acre per year for portion of site in public water and $57 per acre per year for portion of site on private property. Source Note: The provisions of this §53.13 adopted to be effective July 7, 2004, 29 TexReg 6309; amended to be effective May 14, 2007, 32 TexReg 2659; amended to be effective August 15, 2009, 34 TexReg 5381; amended to be effective January 17, 2010, 35 TexReg 246; amended to be effective August 24, 2020, 45 TexReg 5913; amended to be effective July 8, 2025, 50 TexReg 3915. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 53 FINANCE A FEES §53.13 Business License and Permits (Fishing) https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184787&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 184787 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184787&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 184787 03/11/2026 (a) Deer breeding and related permits.(1) One-year deer breeder's and deer breeder's renewal--$200;(2) Three-year breeder's renewal--$600; and(3) Five-year breeder's renewal--$1,000.(b) Urban white-tailed deer removal permit:(1) nonrefundable application processing fee--$750; and(2) nonrefundable application processing fee for amendment to existing permit--$30. If the amendment includes additional release sites, the fee prescribed by paragraph (1) of this subsection shall be imposed for each additional release site.(c) Deer management permit and renewal--$1,000. Source Note: The provisions of this §53.14 adopted to be effective July 7, 2004, 29 TexReg 6309; amended to be effective May 23, 2006, 31 TexReg 4222; amended to be effective July 18, 2007, 32 TexReg 4414; amended to be effective August 15, 2009, 34 TexReg 5381; amended to be effective August 4, 2010, 35 TexReg 6669; amended to be effective March 5, 2013, 38 TexReg 1372; amended to be effective March 26, 2014, 39 TexReg 2113; amended to be effective July 2, 2017, 42 TexReg 3386. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 53 FINANCE A FEES §53.14 Deer Management and Removal Permits https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210909&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210909 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210909&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210909 03/11/2026 (a) Trap, transport and transplant permit application fees:(1) nonrefundable application processing fee--$750 per release site; and(2) nonrefundable application processing fee for amendment to existing permit--$30. If the amendment includes additional release sites, the fee prescribed by paragraph (1) of this subsection shall be imposed for each additional release site.(b) Game bird and animal breeding licenses:(1) game animal breeder's--$79;(2) class 1 commercial game bird breeder's--$189; and(3) class 2 commercial game bird breeder's--$27.(c) Commercial nongame permits:(1) resident nongame permit--$19;(2) nonresident nongame permit--$63;(3) resident nongame dealer permit--$63;(4) nonresident nongame dealer permit--$252;(5) nongame species sales permit--$210; and(6) nongame species sales permit renewal--$210.(d) Zoological collection permit application--$158;(e) Scientific research permit application--$53;(f) Educational display permit application--$53;(g) Controlled Exotic Species (fish, shellfish and aquatic plants):(1) water spinach culture permit--$263;(2) exotic fish or shellfish commercial aquaculture permit:(A) Initial issuance--$263;(B) One-year renewal--$74;(C) Three-year renewal--$168; and(D) Five-year renewal--$263.(3) triploid grass carp permit fee--$16, plus $2 per triploid grass carp requested (the $2 per fish fee is refundable if the permit application is denied);(4) exotic species interstate transit permit:(A) single-use--$27;(B) one-year authorization--$105.(5) research, biological control production, zoological display, and limited special purpose permits (other than for triploid grass carp); initial, renewal, or amendment requiring facility inspection--$263; and(6) research, biological control production, zoological display, and limited special purpose permits (other than for triploid grass carp); initial, renewal or amendment not requiring facility inspection--$27.(h) Miscellaneous fees:(1) commercial plant permit--$50;(2) aerial management permit--$210;(3) broodstock permit application--$25;(4) permit to introduce fish, shellfish, or aquatic plants--no fee;(5) offshore aquaculture permit or renewal--$1,575;(6) oyster lease application--$200; and(7) oyster lease renewal/transfer/sale--$200. Source Note: The provisions of this §53.15 adopted to be effective July 7, 2004, 29 TexReg 6309; amended to be effective October 10, 2004, 29 TexReg 9543; amended to be effective April 11, 2007, 32 TexReg 2012; amended to be effective August 15, 2009, 34 TexReg 5381; amended to be effective January 18, 2017, 42 TexReg 79; amended to be effective August 24, 2020, 45 TexReg 5915; amended to be effective January 27, 2021, 46 TexReg 555; amended to be effective November 24, 2022, 47 TexReg 7736. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 53 FINANCE A FEES §53.15 Miscellaneous Fisheries and Wildlife Licenses and Permits https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204322&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 204322 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204322&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 204322 03/11/2026 (a) Registration fees. After the initial registration of a vessel, the vessel may be registered electronically by credit card by agreeing to pay an applicable credit card handling or convenience fee in addition to the normal registration fee.(1) livery vessel-Class A--$32;(2) vessel-Class A--$32;(3) vessel-Class 1--$53;(4) vessel-Class 2--$110;(5) vessel-Class 3--$150;(b) Titling fees:(1) certificate of title--$27;(2) administrative surcharge for expedited title to a vessel (in addition to applicable fee)--$37;(3) administrative surcharge for expedited title to a motor (in addition to applicable fee)--$37; and(4) bonded certificate of title--$37.(c) Duplicate/transfer fees:(1) vessel-transfer of ownership--$11;(2) vessel-duplicate certificate of number--$11;(3) vessel-duplicate decals--$11.(d) Marine dealer/distributor/manufacturer fees:(1) marine dealer, distributor or manufacturer license (includes licensee validation card (with decal) for recreational purposes or participation in contests or events)--$500;(2) marine dealer, distributor or manufacturer ownership transfer of license--$500;(3) marine dealer, distributor or manufacturer location transfer--$11;(4) marine dealer, distributor or manufacturer information update/license correction--$4;(5) additional marine dealer, manufacturer, or distributor's licensee validation card (with decal) for recreational purposes or participation in contests or events--$126; and(6) replacement marine dealer, manufacturer, or distributor's licensee validation card--$11.(e) Report fees:(1) certified history report of ownership for vessel or outboard motor--$11;(2) accident/water fatality report up to five pages in length--$5; and(3) accident/water fatality report over five pages in length--$10.(f) Party boat fees:(1) annual party boat inspection--$132 (if the inspection is performed by a department-approved entity, $60 may be retained by the inspecting entity);(2) initial application for party boat operator license--$132;(3) party boat operator license renewal application--$53;(4) replacement party boat operator license to for lost, damaged, destroyed, or stolen license--$53. Source Note: The provisions of this §53.16 adopted to be effective July 7, 2004, 29 TexReg 6309; amended to be effective August 1, 2007, 32 TexReg 2664; amended to be effective January 1, 2008, 32 TexReg 10011; amended to be effective August 15, 2009, 34 TexReg 5381; amended to be effective January 17, 2010, 35 TexReg 246; amended to be effective March 28, 2021, 46 TexReg 1744. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 53 FINANCE A FEES §53.16 Vessel, Motor, and Marine Licensing Fees https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=153302&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 153302 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=153302&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 153302 03/11/2026 (a) Off-highway vehicle decal--$16;(b) Controlled exotic snake permits:(1) recreational--$20; and(2) commercial--$60. Source Note: The provisions of this §53.17 adopted to be effective April 6, 2006, 31 TexReg 2861; amended to be effective March 23, 2008, 33 TexReg 2542; amended to be effective July 28, 2008, 33 TexReg 5978; amended to be effective August 15, 2009, 34 TexReg 5381; amended to be effective October 30, 2011, 36 TexReg 7336. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 53 FINANCE A FEES §53.17 Miscellaneous Fees https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225752&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 225752 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225752&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 225752 03/11/2026 (a) Digital Products.(1) The licenses, stamp endorsements, and tags listed in §§53.3, 53.4, 53.5(a) and (c), and 53.6(a) - (c) and (e)(1)- (4) of this title (relating to Combination Hunting and Fishing License Packages; Lifetime Licenses; Recreational Hunting Licenses, Stamps, and Tags; and Recreational Fishing Licenses, Stamps, and Tags) are available as a digital product. Digital licenses do not include the license log or the physical license tags found on the traditional physical license.(2) In addition to the license products identified in paragraph (1) of this subsection, the following items are available as digital products:(A) the public hunting permits identified in §53.10(a)(1) and (3) of this title (relating to Public Hunting Permits and Fees);(B) the federal sandhill crane permit required by §65.318 of this title (relating to Sandhill Crane); (C) the hunter education deferral option established in §51.80 of this title (relating to Mandatory Hunter Education);(D) the reptile and amphibian stamp required by Parks and Wildlife Code, Chapter 43, Subchapter W; and(E) the recreational controlled exotic snake permit required by §55.652 of this title (relating to Controlled Exotic Snakes). (b) General Provisions. (1) To the extent that any provision of this section conflicts with the provisions of §53.2 of this title, this section controls.(2) A person who acquires a digital license is ineligible to acquire any other form of recreational hunting or fishing license in the same license year. (3) The fees established in this division also apply to the issuance of the digital products identified in this section. (4) The digital products associated with items enumerated in §53.4 of this title are available beginning the year after the year of purchase of the license (and each year thereafter).(5) A person who has acquired a digital product may engage in an activity permitted or authorized by the digital product, provided the person has a receipt, notification, or application data from the department on a smart phone, computer, tablet, or similar device indicating acquisition of the appropriate digital product. (6) The provisions of §65.8 of this title (relating to Alternative Licensing System) do not apply to a digital license.(7) Because a digital product does not physically exist, the provisions of this subchapter that apply to replacement licenses do not apply to digital products.(c) Fishing. A person may fish in this state without having an appropriate, valid physical fishing license product in immediate possession if that person has acquired a license electronically and has a receipt, notification, or application data from the department on a smart phone, computer, tablet, or similar device indicating acquisition of an appropriate digital product. (d) Fees. The fees established by this subsection apply to the electronic acquisition of a digital product identified in subsection (a) of this section. Source Note: The provisions of this §53.18 adopted to be effective August 15, 2023, 48 TexReg 4119; amended to be effective September 1, 2024, 49 TexReg 6242; amended to be effective July 31, 2025, 50 TexReg 4946. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 53 FINANCE A FEES §53.18 Digital Products https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161733&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 161733 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161733&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 161733 03/11/2026 (a) The department may impose and collect a fee for participation in a department-sponsored program, event, or activity, but only as necessary to recover the cost of the program, event, or activity.(b) As determined and authorized by the executive director, the department may charge entrance and facility use fees within the ranges established or the amounts specified in this section.(1) Texas Freshwater Fisheries Center.(A) Entry fees.(i) daily entrance fee--$0 to $6; and(ii) annual pass--$0 to $15.(B) The executive director, or his designee, may:(i) establish additional entrance requirements for student groups and teachers as necessary, to enhance student utilization of the center; and(ii) waive fee requirements when such a waiver is in the best interest of the public or the department.(C) Rental and use fees for meeting/convention room rental--$0 to $500.(2) Sea Center Texas.(A) daily entrance--$0 to $5; and(B) annual pass--$0 to $20. Source Note: The provisions of this §53.30 adopted to be effective July 7, 2004, 29 TexReg 6309; amended to be effective July 17, 2008, 33 TexReg 5533; amended to be effective September 1, 2009, 34 TexReg 5381; amended to be effective August 4, 2010, 35 TexReg 6669; amended to be effective May 9, 2013, 38 TexReg 2765. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 53 FINANCE A FEES §53.30 Facility Admission and Use Fees https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204297&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 204297 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204297&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 204297 03/11/2026 (a) Marine safety enforcement training and certification fees.(1) Except as provided in paragraph (2) of this subsection, the fee for a marine safety enforcement officer course is $25.(2) The fee for a marine safety enforcement officer course delivered by a department-approved online provider shall be $10 per student. The provider shall forward the fee to the department within 30 days following course delivery.(3) In addition to the examination or course fee described in paragraph (2) of this subsection, a course provider may charge and keep a service fee.(b) Hunter education fees.(1) The registration fee for a hunter education course delivered by an approved volunteer instructor is $15, of which $10 may be directly retained by a volunteer instructor.(2) The fee for a hunter education course delivered by an approved online instruction provider shall be established by the online instruction provider, not to exceed an amount established by the Executive Director.(3) The fee for a deferred hunter education option is $10.(c) Boater education fees.(1) As used in this subsection, an "agent" is a person or entity (approved in accordance with department guidelines) acting on behalf of the department in the administration of a boater education course or course equivalency examination in accordance with department guidelines.(2) An agent shall collect a $10 per person examination or course fee and forward that fee to the department within 30 days after the examination or course is administered.(3) In addition to the examination or course fee described in paragraph (2) of this subsection, an agent may charge and keep a service fee.(4) The fee for obtaining a boater education deferral is $10. Source Note: The provisions of this §53.50 adopted to be effective July 7, 2004, 29 TexReg 6309; amended to be effective April 6, 2006, 31 TexReg 2861; amended to be effective January 4, 2012, 36 TexReg 9334; amended to be effective January 2, 2013, 37 TexReg 10229; amended to be effective September 19, 2013, 38 TexReg 6222; amended to be effective March 29, 2020, 45 TexReg 2187; amended to be effective March 15, 2021, 46 TexReg 1657. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 53 FINANCE A FEES §53.50 Training and Certification Fees https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225753&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 225753 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225753&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 225753 03/11/2026 (a) Stamp Form, Design and Manner of Issuance. (1) Except as provided in paragraph (2) of this subsection, a required stamp shall be issued as an endorsement noted on the license issued through the department's automated system.(2) A digital combination license or combination license package issued under the provisions of §53.18 of this title (relating to Digital Products includes all required endorsements. (b) Stamp Purchase Identification and Possession Requirements. (1) A person may hunt without a required state hunting stamp endorsement in immediate possession if the person: (A) possesses a valid digital product issued under the provisions of §53.18 of this title; or (B) has acquired a stamp endorsement electronically and has a valid authorization number in possession while awaiting fulfilment of the physical tag. Authorization numbers shall only be valid for 20 days from purchase date. (2) A person may fish without a required fishing stamp endorsement in immediate possession if the person: (A) possesses a valid digital product issued under the provisions of §53.18 of this title; or (B) has acquired a stamp endorsement electronically and has a valid authorization number in possession while awaiting fulfilment of the physical tag. Authorization numbers shall only be valid for 20 days from purchase date. (c) Stamp Exemptions.(1) The commission grants the executive director authority to exempt persons participating in any event organized for the primary purpose of promoting participation in fishing or hunting activities from the requirement to purchase or possess the following stamps:(A) migratory game bird stamp;(B) archery hunting stamp;(C) upland game bird stamp;(D) saltwater sportfishing stamp; and(E) freshwater fishing stamp.(2) Youth license holders and lifetime resident hunting license holders are exempt from requirements for acquisition and possession of the following stamps:(A) migratory game bird stamp;(B) upland game bird stamp; and(C) archery hunting stamp.(3) All lifetime resident combination hunting and fishing license holders are exempt from requirements for acquisition and possession of the following stamps:(A) migratory game bird stamp;(B) upland game bird stamp;(C) archery hunting stamp;(D) saltwater sportfishing stamp; and(E) freshwater fishing stamp.(4) All lifetime resident fishing license holders are exempt from requirements for acquisition and possession of the following stamps;(A) saltwater sportfishing stamp;(B) freshwater fishing stamp.(5) All persons meeting the definition of a qualified disabled veteran under the provisions of Parks and Wildlife Code, §42.012(c), are exempt from the fees for the following stamps:(A) migratory game bird stamp;(B) upland game bird stamp;(C) archery;(D) saltwater sportfishing; and(E) freshwater fishing.(6) All Texas residents on active duty in the armed forces of the United States (including members of the Reserves and National Guard on active duty) are exempt from the fees for the following stamps:(A) migratory game bird stamp;(B) upland game bird stamp;(C) archery;(D) saltwater sportfishing; and(E) freshwater fishing.(7) Special fishing license holders are exempt from the requirements for acquisition and possession of the following stamps:(A) saltwater sportfishing stamp; and(B) freshwater fishing stamp.(8) All one-day all-water fishing license holders are exempt from requirements for acquisition and possession of the following stamps:(A) saltwater sportfishing stamp; and(B) freshwater fishing stamp.(d) Obsolete Stamps and Decals.(1) An obsolete stamp is a stamp that is not valid.(2) Obsolete stamps and decals shall be sold for informational purposes, at an established fee for collector's edition stamp package, plus a processing charge sufficient to recover shipment, postage, and sales tax.(e) In addition to the freshwater fishing stamp, the department may make available a collectible freshwater habitat stamp for a fee of $5. Source Note: The provisions of this §53.60 adopted to be effective July 7, 2004, 29 TexReg 6309; amended to be effective October 18, 2005, 30 TexReg 6763; amended to be effective May 14, 2007, 32 TexReg 2659; amended to be effective May 9, 2013, 38 TexReg 2765; amended to be effective July 2, 2017, 42 TexReg 3386; amended to be effective March 28, 2021, 46 TexReg 1745; amended to be effective January 18, 2022, 47 TexReg 88; amended to be effective August 15, 2023, 48 TexReg 4119; amended to be effective July 31, 2025, 50 TexReg 4946. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 53 FINANCE B STAMPS §53.60 Stamps https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113500&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 113500 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113500&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 113500 03/11/2026 (a) License deputy collection and issuance amounts shall be as negotiated with license deputies and shall not exceed 5.0% of the selling price of each item.(b) A licensed marine dealer is appointed as an authorized agent for the department when forms, prescribed by the executive director, have been properly executed and received by the Texas Parks and Wildlife Department. Such forms may include, but are not limited to, the following:(1) agent application;(2) public official bond; or(3) agent agreement. Source Note: The provisions of this §53.70 adopted to be effective July 7, 2004, 29 TexReg 6309. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 53 FINANCE C LICENSE DEPUTIES AND VESSEL REGISTRATION AGENTS §53.70 License Deputies and Vessel Registration Agents https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113501&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 113501 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113501&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 113501 03/11/2026 The commercial fishing boat number will be on a display license to be issued with the commercial fishing boat license bearing the same number in a manner determined by the executive director. The display license will be of a design and contain such additional information as the executive director may determine to be necessary to identify the boat as a commercial fishing boat. In the event of the loss or defacement of a display license, the licensee may obtain a duplicate at the fees prescribed in §53.12 of this title (relating to Commercial Fishing Licenses and Tags). Source Note: The provisions of this §53.80 adopted to be effective July 7, 2004, 29 TexReg 6309. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 53 FINANCE D COMMERCIAL FISHING BOAT NUMBERS §53.80 Composition and Issuance https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165928&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 165928 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165928&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 165928 03/11/2026 (a) Except as provided in this section or Parks and Wildlife Code, §31.022, no person may operate or give permission to operate any vessel on the water of this state unless the vessel is documented through the United States Coast Guard or displays the state-assigned TX numbers as prescribed in this section.(b) No person required to register a vessel may dock, moor, or store the vessel on the water of this state unless the vessel is in compliance with the provisions of this section and the provisions of Parks and Wildlife Code, Chapter 31 that apply to required numbering.(c) The registration decal for a documented vessel shall be placed on the forward half of each side of the vessel. On a vessel configured so that a number on the hull or superstructure is not easily visible, the number must be painted on or attached to a backing plate that is attached to the forward half of the vessel so that the number is visible from each side of the vessel.(d) The following are exempt from registration requirements:(1) commercial tugboats;(2) vessels exceeding 115 feet in length; and(3) pilot or crew boats transporting freight, supplies, or personnel to or from cargo ships, freighters, or offshore oil infrastructure.(e) For the purposes of this section, vessel length is the length of the vessel listed on the United States Coast Guard national documentation.(f) Vessels registered as antique boats are permitted to display the registration decal on the left portion of the windshield. In the absence of a windshield, the registration decal must be attached to the certificate of number and made available for inspection when the boat is operated on public water. Source Note: The provisions of this §53.90 adopted to be effective July 7, 2004, 29 TexReg 6309; amended to be effective May 9, 2013, 38 TexReg 2765; amended to be effective February 16, 2014, 39 TexReg 767. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 53 FINANCE E DISPLAY OF BOAT REGISTRATION §53.90 Display of Registration Sticker https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184789&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 184789 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184789&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 184789 03/11/2026 (a) A certificate of number and registration decal for a new or newly documented vessel may be obtained at any TPWD boat registration office or participating Tax Assessor-Collector office. At the time of application, applicants must present:(1) a properly completed registration application on a form supplied by the department;(2) a copy of:(A) the current documentation from the U. S. Coast Guard National Vessel Documentation Center (USCGNVDC) or their website in the applicant's name; or(B) the application for initial documentation with the USCGNVDC in the applicant's name;(3) payment of any tax required under Tax Code, Chapter 160, or verification of payment; and(4) payment of the appropriate registration fee as required by Parks and Wildlife Code, §31.026, and §53.16 of this title (relating to Vessel, Motor, and Marine Licensing Fees).(b) A certificate of number and registration decal for a used or previously documented vessel may be obtained at any TPWD boat registration office or participating Tax Assessor-Collector office. At the time of application, applicants must present:(1) a properly completed registration application on a form supplied by the department;(2) a copy of:(A) the current documentation from the U. S. Coast Guard National Vessel Documentation Center (USCGNVDC) or their website in the previous owner's name, or the applicant's name; or(B) the lapsed documentation from the USCGNVDC or their website in the previous owner's name and the application for current documentation with the USCGNVDC in the applicant's name;(3) payment of any tax required under Tax Code, Chapter 160, or verification of payment; and(4) payment of the appropriate registration fee as required by Parks and Wildlife Code, §31.026, and §53.16 of this title.(c) Renewal of certificate of number and registration decal for a documented vessel may be obtained at any TPWD boat registration office. At the time of application, applicants must present:(1) a properly completed registration application or renewal notice on a form supplied by the department, or a hand written request;(2) a copy of the current documentation from the U.S. Coast Guard National Vessel Documentation Center (USCGNVDC) or their website in the current owner's name; and(3) payment of the appropriate registration fee as required by Parks and Wildlife Code, §31.026 and §53.16 of this title.(d) A registration decal is not required for a vessel used as a tender for direct transportation between a mother ship and the shore, provided:(1) the vessel is equipped with propulsion machinery of less than 10 horsepower;(2) is owned by the owner of a vessel for which a valid certificate of number has been issued and displays the registration number of that vessel followed by the suffix "1" (i.e. TX-1234-AB-1) in the manner specified by Parks and Wildlife Code, §31.031; and(3) is used for no purpose other than direct transportation between a mother ship and the shore. Source Note: The provisions of this §53.91 adopted to be effective February 19, 2006, 31 TexReg 851; amended to be effective February 16, 2014, 39 TexReg 767; amended to be effective July 2, 2017, 42 TexReg 3386. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 53 FINANCE E DISPLAY OF BOAT REGISTRATION §53.91 Documented Vessels https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204324&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 204324 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204324&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 204324 03/11/2026 (a) A bonded title situation exists when complete documentation cannot be provided or obtained by an applicant requesting title, registration or ownership transfer of a vessel or outboard motor. The applicant may appeal the department's refusal to issue a certificate of title by applying for consideration of a bonded title. The department will accept applications for bonded title as provided in Parks and Wildlife Code, §31.0465.(b) Bonded titles may be used in situations where the applicant is unable to produce complete documentation required by the department in order to title or transfer ownership of a vessel or outboard motor. Acceptable situations regarding the filing and award of a bonded title situation will apply where a complete history of ownership for a vessel or outboard motor cannot be produced by the applicant and the department has determined that the customer is unable to provide the history. Missing ownership documentation may consist of a certificate of title, bill of sale, invoice, or tax affidavit signed by the owner of record, or authority to handle a deceased person's estate. The inability to obtain the required documentation from the previous owner(s) or applicable lien holders must be evidenced by one of the following:(1) notice of verified mail, as defined in Property Code, §59.043(c), as mail considered delivered when the notice, properly addressed with postage prepaid, is deposited with the United States Postal Service or a common carrier;(2) proof of returned certified mail; or(3) the lack of any known addresses for a previous owner.(c) The department shall not under any circumstances issue a bonded title if the applicant does not have any proof of payment, ownership transfer or other related documentation to support a claim of ownership, unless the vessel or outboard motor is determined to be abandoned, as defined by Parks and Wildlife Code, §31.003.(d) For a bonded title situation involving an abandoned vessel or outboard motor, the requirements of this subsection apply, in addition to any other requirements of this section or Parks and Wildlife Code, Chapter 31, Subchapters B and B-1.(1) The applicant shall send notice via certified mail to a law enforcement agency, as defined in Transportation Code, §683.001(3), in whose jurisdiction the property on which the abandoned vessel or outboard motor is located. The notice shall be on a form provided or prescribed by the department. The applicant shall provide a copy of the completed form and evidence of certified mailing to the department at the time the application for bonded title is submitted. The agency receiving the notification shall notify the applicant within 30 days of receipt of the notice of any intent to remove the vessel or outboard motor under the provisions of Transportation Code, §683.011.(2) The department shall publish public notice of a qualified application for title to an abandoned vessel or outboard motor for a period of six consecutive months on the department's website. The publication shall take place within 10 days of receipt of the application by the department.(A) If there is a documented claim of interest by a recorded owner or lien holder adverse to the applicant, the department shall not issue a title until the issue is resolved. The parties may apply to a court of competent jurisdiction for resolution.(B) If there is no claim of interest, the applicant may proceed with consideration of the bonded title upon expiration of the six-month posting period.(3) The department may employ the department's Boat Registration Information and Titling System (BRITS) and the Vessel Identification System (VIS) operated by the United States Coast Guard to determine the most recent owner of record of a vessel or outboard motor. Source Note: The provisions of this §53.100 adopted to be effective July 7, 2004, 29 TexReg 6309; amended to be effective October 30, 2011, 36 TexReg 7336; amended to be effective March 28, 2021, 46 TexReg 1745. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 53 FINANCE F BONDED TITLE FOR VESSELS/OUTBOARD MOTORS §53.100 Bonded Title--Acceptable Situations https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=183721&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 183721 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=183721&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 183721 03/11/2026 The following words and terms, when used in this subchapter shall have the following meanings, unless the context clearly indicates otherwise.(1) Applicant--A person or entity who has applied for a new or renewal license. This includes each member of a partnership or association, each officer of a corporation, the owner of a majority of a corporation's corporate stock, and any agent or employee acting on behalf of any of the aforementioned persons or entities.(2) Consignment--The sale or offer for sale by a person other than the owner under terms of a verbal or written authorization from the owner.(3) Final conviction--A final judgment of guilt, the entering of a plea of guilty or nolo contendere, or the granting of deferred adjudication or pretrial diversion in accordance with Occupations Code, §53.021(d).(4) Licensee--A person or entity who has received a license under this subchapter. This includes each member of a partnership or association, each officer of a corporation, the owner of a majority of a corporation's corporate stock, and any agent or employee acting on behalf of any of the aforementioned persons or entities. Source Note: The provisions of this §53.110 adopted to be effective April 10, 2017, 42 TexReg 1898. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 53 FINANCE G MARINE DEALERS, DISTRIBUTORS, AND MANUFACTURERS §53.110 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=183722&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 183722 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=183722&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 183722 03/11/2026 Any person or entity, including a person or entity purporting to be a broker or brokerage house, who acts as an intermediary or assists in the sale, sale on consignment, display for sale, purchase, trade, or transfer of a vessel, motorboat, or outboard motor in exchange for a fee, commission, or other consideration is considered to be engaged in the business of buying, selling, selling on consignment, displaying for sale, or exchanging a vessel for the purposes of this subchapter. Any person or entity, including a person or entity purporting to be a broker or brokerage house, engaged in any activity described above is subject to the provisions of this subchapter. Source Note: The provisions of this §53.111 adopted to be effective April 10, 2017, 42 TexReg 1898. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 53 FINANCE G MARINE DEALERS, DISTRIBUTORS, AND MANUFACTURERS §53.111 Applicability https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=183723&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 183723 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=183723&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 183723 03/11/2026 (a) An applicant for a dealer license shall submit a properly completed, department-approved application form, accompanied by the following:(1) the fee prescribed by law;(2) photographs clearly showing:(A) the permanent sign at the location designated in the application as the applicant's permanent place of business, clearly indicating the name of the business;(B) the front of the business with public access; and(C) space sufficient for office, service area (not applicable to floating inventory or listings), and display of vessels, motorboats, or outboard motors (not applicable to floating inventory or listings);(3) a copy of the Tax Permit issued by the Comptroller under Chapter 151, Tax Code;(4) verification of all assumed name(s), if applicable, in the form of assumed name certificate(s) on file with the Secretary of State or county clerk;(5) a photocopy of the current driver's license or Department of Public Safety identification of the owner, president or managing partner of the business; and(6) a complete list of dealer agreements; and(7) if the applicant is to maintain floating inventory or listings at a location other than that designated as the applicant's permanent place of business, a record of all marinas where floating inventory or listings are expected to be displayed. If the applicant contemplates using less than five marinas, then the application shall include an explanatory statement. The record must identify, at a minimum, the name, physical address, and telephone for each marina.(b) An applicant for a distributor or manufacturer license shall submit a properly completed, department-approved application form accompanied by the following:(1) the fee prescribed by law for each license requested;(2) verification of all assumed name(s), if applicable, in the form of assumed name certificate(s) on file with the Secretary of State or county clerk;(3) a complete list of manufacturers represented by a distributorship; and(4) a complete list of distributors, dealers, and representatives for a manufacturer.(c) The department will not issue a license under this subchapter if the applicant has not signed and submitted a department-provided license agreement stating that the applicant agrees to comply with all applicable state laws, including Occupations Code, Chapter 2352, concerning Franchise Agreements, when required. Source Note: The provisions of this §53.112 adopted to be effective April 10, 2017, 42 TexReg 1898. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 53 FINANCE G MARINE DEALERS, DISTRIBUTORS, AND MANUFACTURERS §53.112 Application and Issuance https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=183725&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 183725 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=183725&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 183725 03/11/2026 The department may suspend or revoke a license under this subchapter as provided by Parks and Wildlife Code, Chapter 12, Subchapter F, if:(1) a licensee has been finally convicted or been assessed an administrative penalty for a violation or condition listed in §53.113(a) of this title (relating to Refusal to Issue or Renew License; Review of Agency Decision to Refuse or Renew License):(2) the licensee was previously the holder of a license issued under this subchapter that was revoked for cause and never reissued by the department, or that was suspended for cause and the terms of the suspension have not been fulfilled;(3) the licensee was previously a partner, stockholder, director, or officer controlling or managing a partnership, corporation, or store location whose license issued under this subsection was revoked for cause and never reissued, or was suspended for cause and the terms of the suspension have not been fulfilled;(4) the business does not intend to be open to all members of the public nor during normal business hours;(5) the licensee or an employee of the licensee has obtained, or attempted to obtain, any money, commission, fee, barter, exchange or other compensation by fraud, deception or misrepresentation. Source Note: The provisions of this §53.114 adopted to be effective April 10, 2017, 42 TexReg 1898. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 53 FINANCE G MARINE DEALERS, DISTRIBUTORS, AND MANUFACTURERS §53.114 Suspension or Revocation https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=183726&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 183726 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=183726&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 183726 03/11/2026 (a) A licensee shall notify the department in writing within 10 days if there is any change of:(1) ownership;(2) business name;(3) physical location;(4) dealer agreement;(5) distributors, dealers, or representatives; or(6) address or phone information.(b) The licenses issued under this subchapter to dealers must be publicly displayed at all times in the place of business for which the license is issued.(c) A licensee must keep a complete record available for inspection in the place of business relating to all vessels, motorboats, and outboard motors purchased, sold, or displayed for sale for a minimum of 24 months. Content of records must include the:(1) date of purchase;(2) date of sale;(3) hull identification number and/or motor identification number;(4) name and address of person selling to the dealer;(5) name and address of person purchasing from the dealer;(6) name and address of selling dealer or individual if vessel and/or outboard motor is offered for sale by consignment;(7) a copy of the vessel/outboard motor title/registration receipt;(8) copies of any and all documents, forms, and agreements applicable to a particular sale, consignment, listing, transfer of ownership, titling, titling and registration, or documentation through the U.S. Coast Guard, including, but not limited to title applications, work-up sheets, Manufacturer's Certificates of Origin, titles or photocopies of the front and back of titles, factory invoices, sales contracts, retail installment agreements, buyer's orders, bills of sale, waivers, or other agreements between the seller and purchaser; and(9) copies of written consignment agreements or power of attorney for vessels, motorboats, or outboard motors. Source Note: The provisions of this §53.115 adopted to be effective April 10, 2017, 42 TexReg 1898. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 53 FINANCE G MARINE DEALERS, DISTRIBUTORS, AND MANUFACTURERS §53.115 Recordkeeping, Display of License, and Notification Requirements https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113506&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 113506 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113506&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 113506 03/11/2026 The provisions of this section apply only to licenses sold through the department's electronic point-of-sale system and do not apply to licenses sold directly via the Internet for printing by the customer.(1) Except as provided in this section, all licenses issued by the department or an agent of the department will conform to format requirements established by the department for a given license year.(2) In negotiating contract provisions regarding the license sales system, the department will consider the following guidelines regarding license format and legibility:(A) Licenses issued by the department or an agent of the department should be:(i) printed on durable paper (or plastic);(ii) waterproof;(iii) tear resistant; and(iv) printed in a fashion that renders the text indelible.(B) License print should be:(i) a size that is reasonable, within the constraints of the overall size of the license;(ii) in no case a font size less than 6pt; and(iii) a color that contrasts with the background.(C) Information on the license, including tags, will be presented in a consistent and orderly manner and will meet any Texas statutory requirement and/or Texas Parks and Wildlife Commission regulation.(D) The executive director may waive the provisions of this section singly or entirely in the event that unforeseeable circumstances or emergencies make it impractical to comply without jeopardizing the ability of the public to purchase and immediately enjoy the privileges of licensure. Source Note: The provisions of this §53.120 adopted to be effective July 7, 2004, 29 TexReg 6309. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 53 FINANCE H LICENSE STANDARDS §53.120 License Format and Legibility https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=151685&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 151685 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=151685&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 151685 03/11/2026 (a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.(1) Gross receipts--the total amount received from the sale of a combination or super-combination license package before any commission or any other collection cost is deducted.(2) License--the hunting license and fishing license included in a combination or super-combination license package.(3) Net receipts--gross receipts less any commission and/or other collection cost.(4) Original price--the price of a license or stamp if sold separately rather than as part of a package.(5) Purchaser utilization--the use of a license or stamp included in the super-combination license package by the purchaser of a super-combination license package.(6) Stamp--any stamp included in a combination or super-combination license package.(7) Super-combination license package--those licenses and stamps listed in §53.3(7) and (8) of this title (relating to Combination Hunting and Fishing License Packages).(8) Combination license package--those licenses and stamps listed in §53.3(1) - (6) of this title.(b) Super-Combination License Package.(1) Net receipts from the sale of a super-combination license package shall be allocated to each license and stamp in the super-combination license package by means of a relative weighting calculated by using both the original price of the licenses and stamps and purchaser utilization, which shall be based on an average of survey results from the most recent three, four or five surveys conducted.(2) A survey to determine purchaser utilization shall be conducted once every three years.(c) Combination License Revenue Allocation. Fishing stamps sold as part of a combination license package are not discounted. The full value of each endorsement (100% of the original price of each stamp) sold as part of a combination license package shall be allocated to each endorsement fund. Source Note: The provisions of this §53.130 adopted to be effective October 29, 2006, 31 TexReg 8726; amended to be effective May 8, 2011, 36 TexReg 2993. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 53 FINANCE I COMBINATION AND SUPER-COMBINATION LICENSE REVENUE ALLOCATION §53.130 Combination and Super-Combination License Package Revenue Allocation https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201428&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 201428 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201428&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 201428 03/11/2026 (a) The requirements of this section are in addition to any requirements of Parks and Wildlife Code, Chapters 42 and 46.(1) Except as provided by Parks and Wildlife Code, §12.114, no person is required to possess the documentation required by paragraphs (2) or (3) of this subsection on their person while:(A) purchasing a license or permit; or(B) engaging in an activity for which a license or permit issued by the department is required.(2) Proof that a person has resided continuously in Texas for more than six months immediately before applying for a resident license or permit issued by the department shall consist of any three of the following:(A) a current property tax statement indicating that the person is the owner of homestead property in Texas;(B) a valid drivers license issued by the Texas Department of Public Safety not less than six months prior to the application to the department for a resident license or permit;(C) the most recent six months of utility bills showing the person's name and a physical address in Texas;(D) the most recent six months of paycheck receipts showing the person's name and a physical address in Texas;(E) a current Texas voter registration certificate showing the person's name and a physical address in Texas, issued not less than six months prior to an application to the department for a license or permit;(F) the person's most recent tax return statement from the Internal Revenue Service showing the person's name and a physical address in Texas;(G) a current vehicle registration showing the person's name and a physical address in Texas, issued not less than six months prior to an application to the department for a license or permit; or(H) a statement from the person's parole board or probation officer attesting to the fact that the person has continuously resided in Texas for the six months immediately preceding the application for a license or permit.(3) For persons on active duty in the armed forces of the United States, proof of continuous residency in Texas for more than six months immediately before applying for a resident license or permit issued by the department shall consist of:(A) military service record(s) indicating that the person's home of record is in Texas at the time of application; or(B) military service record(s) indicating that the person has been assigned to a duty station in Texas for the six months immediately prior to the time of application.(4) If a person is under the age of 25 and living in another state for educational purposes, proof that the person has resided continuously in Texas for more than six months immediately before applying for a license or permit issued by the department shall consist of:(A) a notarized statement to the effect that the person is a dependent of a Texas resident; and(B) a tuition receipt or other official evidence that the person is currently enrolled as a non-resident in an educational institution located in another state.(5) Except for active-duty members of the armed forces of the United States and nonresidents described in paragraph (8) of this subsection, §53.3(b) of this title (relating to Combination Hunting and Fishing License Packages), and §53.4(b) of this title (relating to Lifetime Licenses), the department will not issue a resident license or permit to any person if any proof of residency presented to the department indicates residency anywhere other than Texas.(6) Except for active-duty members of the armed forces of the United States and nonresidents described in paragraph (8) of this subsection, §53.3(b) of this title, and §53.4(b) of this title, a person who claims residency in any other state for any purpose is not a Texas resident for the purposes of obtaining a resident license or permit from the department.(7) Upon determination by the department that a person who obtained a resident license or permit was not eligible to obtain the license or permit, the department shall notify the person that the license is void and shall be surrendered to the department. A person that the department determines has obtained a resident license or permit unlawfully is subject to criminal prosecution.(8) The executive director may authorize the issuance of a resident hunting license to a nonresident who is terminally ill and participating in an event sponsored by a charitable organization.(b) It is an offense for any person who does not meet the residency requirements of this section to possess a license in that person's name that is required by law for conduct governed by Parks and Wildlife Code, Chapter 42 or Chapter 46, if the acquisition and use of the license is restricted by law to Texas residents.(c) For purposes of this section, a person who utilizes the provisions of §53.2(g) of this title (relating to License Issuance Procedures, Fees, Possession, and Exemption Rules) to satisfy proof of licensure requirements is considered to be in possession of the license the person purports to have obtained. Source Note: The provisions of this §55.1 adopted to be effective October 18, 2005, 30 TexReg 6765; amended to be effective December 29, 2013, 38 TexReg 9372; amended to be effective October 12, 2020, 45 TexReg 7266. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 55 LAW ENFORCEMENT A PROOF OF RESIDENCY REQUIREMENTS §55.1 Proof of Residency https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18806&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18806 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18806&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18806 03/11/2026 This subchapter sets forth the regulations concerning the seizure, care, and disposition of property seized by a game warden or other peace officer pursuant to the provisions of Parks and Wildlife Code, Chapter 12, Subchapter B. Property seized prior to the effective date of this subchapter shall be disposed of in accordance with this subchapter and the Parks and Wildlife Code, except that it shall not be necessary to comply with §55.14(b)(1) of this title (relating to Notice of Forfeiture Proceeding). Source Note: The provisions of this §55.10 adopted to be effective March 13, 1996, 21 TexReg 1683. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 55 LAW ENFORCEMENT B SEIZURE, CARE AND DISPOSITION OF CONTRABAND §55.10 Application https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18807&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18807 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18807&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18807 03/11/2026 The following words and terms, when used in this subchapter, shall have the following meanings, except where the context clearly indicates otherwise.(1) Department--The Texas Parks and Wildlife Department or a specifically authorized employee of the department.(2) Officer--A commissioned, licensed peace officer of the state of Texas who seizes contraband under the authority of the Parks and Wildlife Code. Source Note: The provisions of this §55.12 adopted to be effective March 13, 1996, 21 TexReg 1683. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 55 LAW ENFORCEMENT B SEIZURE, CARE AND DISPOSITION OF CONTRABAND §55.12 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18815&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18815 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18815&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18815 03/11/2026 (a) When notice of contraband seizure is given by certified mail, return receipt requested, notice is deemed to have been served when the green card (PS Form 3811) is returned to the officer by the U.S. Postal Service. The officer shall provide returned green card(s) to the prosecuting attorney or to the judge who presides at the hearing, whichever is appropriate. The green card(s) shall be a part of the court's record of the hearing.(b) Notice of forfeiture proceeding shall be as follows.(1) At the time of contraband seizure, the officer shall verbally notify each person in possession of seized property that:(A) a hearing to determine disposition of the property will be held in a court in the county in which seizure took place, at which time the property may be forfeited to the state;(B) the person may appear at the hearing and claim the property at that time; and(C) the time, place, and date of the hearing will be posted at the courthouse not less than ten days prior to the hearing.(2) The officer who seizes contraband shall promptly give written notice of the seizure to the county judge or a judge of a county court at law or district court of the county where the seizure occurred, and the county attorney. The written notice shall include a description of the seized property, and the location and date of seizure.(3) If the property is a motor vehicle, the officer shall contact the Texas Department of Transportation or appropriate agencies in other states to identify the record owner of the vehicle and any lienholder. If ownership of the motor vehicle is established, the officer shall notify the record owner, and any lienholder, of the forfeiture hearing. The notice shall include a description of the motor vehicle, and the time, place, date, and purpose of the hearing. The notice shall be by certified mail, return receipt requested.(4) If the property is an aircraft, the officer will request Federal Aviation Administration identification of the record owner of the aircraft and the holder of any perfected security instrument. If ownership of the aircraft is established, the officer shall notify the record owner and the holder of any perfected security instrument of the forfeiture hearing. The notice shall include a description of the aircraft and the time, place, date, and purpose of the hearing. The notice shall be by certified mail, return receipt requested.(5) If the property is a documented vessel or a vessel bearing a state registration number, the officer shall contact the department or appropiate state or federal agencies to identify the record owner of the vessel and any lienholder. If ownership of the vessel is established, the officer shall notify the record owner, and any lienholder, of the forfeiture hearing. The notice shall include a description of the vessel, and the time, place, date, and purpose of the hearing. The notice shall be by certified mail, return receipt requested. Source Note: The provisions of this §55.14 adopted to be effective March 13, 1996, 21 TexReg 1683. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 55 LAW ENFORCEMENT B SEIZURE, CARE AND DISPOSITION OF CONTRABAND §55.14 Notice of Forfeiture Proceeding https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18810&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18810 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18810&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18810 03/11/2026 If it is determined that a lien or security interest has been perfected against the property as required by law, the department shall return the property to the holder of the lien or perfected security interest if the amount of the lien or perfected security interest exceeds or is substantially equal to the value of the property. If the amount of the lien or perfected security interest is less than the value of the property, the department shall return the property to the holder of the lien or perfected security interest, or pay to the holder an amount necessary to obtain a release of the lien or perfected security interest. Source Note: The provisions of this §55.16 adopted to be effective March 13, 1996, 21 TexReg 1683. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 55 LAW ENFORCEMENT B SEIZURE, CARE AND DISPOSITION OF CONTRABAND §55.16 Property Subject to Lien or Perfected Security Instrument https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3539&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3539 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3539&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3539 03/11/2026 An officer who seizes property shall preserve, protect, and maintain custody of the property pending final disposition pursuant to court order. The officer may take appropriate steps to maintain the value of the property, and reduce the chance of theft or damage. Source Note: The provisions of this §55.18 adopted to be effective March 13, 1996, 21 TexReg 1683. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 55 LAW ENFORCEMENT B SEIZURE, CARE AND DISPOSITION OF CONTRABAND §55.18 Care and Custody of Seized Property Pending Court Hearing https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3540&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3540 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3540&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3540 03/11/2026 The officer shall coordinate the scheduling and conduct of the forfeiture hearing with the prosecuting attorney. Source Note: The provisions of this §55.20 adopted to be effective March 13, 1996, 21 TexReg 1683. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 55 LAW ENFORCEMENT B SEIZURE, CARE AND DISPOSITION OF CONTRABAND §55.20 Setting of Forfeiture Hearing https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18814&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18814 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18814&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18814 03/11/2026 The following words and terms, when used in this subchapter, shall have the following meanings, except where the context clearly indicates otherwise.(1) Active status--The period of time when a special game warden is compensated by the Department.(2) Department--The Texas Parks and Wildlife Department.(3) Director--The executive director of the Department or his/her designee.(4) Inactive status--The period of time when a special game warden is not compensated by the Department. Source Note: The provisions of this §55.61 adopted to be effective June 18, 1996, 21 TexReg 5166. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 55 LAW ENFORCEMENT C DEPUTY AND SPECIAL GAME WARDEN COMMISSION §55.61 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18817&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18817 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18817&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18817 03/11/2026 The following provisions are applicable to deputy game wardens, in addition to the provisions of Parks and Wildlife Code, §11.020.(1) Tenure: A deputy game warden commission will expire on August 31 of the odd-numbered year which occurs next after commissioning. The commission may be renewed or not renewed at the will of the Director.(2) Insurance: A deputy game warden shall obtain personal liability insurance in the amount of $100,000, which shall also protect the Department, its officers, agents, and employees from damages resulting from the law enforcement activities of the deputy game warden.(3) Activities: A deputy game warden is authorized to work as a deputy to a regular game warden and to perform such game and fish duties as may be assigned by the regular game warden, in geographical areas designated by the Department. However, a deputy game warden may accompany a regular game warden in any area of the state. A deputy game warden is prohibited from enforcing the Water Safety Act, and from operating on the coastal waters, bays, and estuaries of this state.(4) Evidence: A deputy game warden will turn over to the regular game warden all evidence in a case in order that the complaint may be handled by the regular game warden from that point forward.(5) Weapons: A deputy game warden may carry weapons as authorized by the Penal Code.(6) A deputy game warden shall comply with all components of the Law Enforcement Division operating procedures which are applicable to the activities of deputy game wardens. Source Note: The provisions of this §55.62 adopted to be effective June 18, 1996, 21 TexReg 5166. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 55 LAW ENFORCEMENT C DEPUTY AND SPECIAL GAME WARDEN COMMISSION §55.62 Deputy Game Wardens https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18819&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18819 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18819&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18819 03/11/2026 The following provisions are applicable to special game wardens, in addition to the provisions of Parks and Wildlife Code, §11.0201.(1) Operating procedures: Special game wardens shall comply with all components of the Law Enforcement Division operating procedures and the Department personnel manual.(2) Enforcement activities: While on inactive status, special game wardens may enforce flagrant violations of the laws specified by Parks and Wildlife Code, §11.0201(d), when the offense occurs in the presence of the special game warden and the violator may leave the scene or evidence may be lost or destroyed. A special game warden on active status may investigate and enforce any law authorized in Parks and Wildlife Code, §11.0201(d), to the same extent as a regular game warden.(3) Uniform: While on active duty, a special game warden shall wear the uniform prescribed for a regular game warden.(4) Compensation: Special game wardens on active status may be compensated not to exceed the salary of a game warden IV and may claim per diem or other expenses authorized by the Director. Special game wardens on inactive status may not be compensated by salary, but may claim per diem expenses for in-service training required by the Texas Commission on Law Enforcement Officer Standards and Education. Source Note: The provisions of this §55.63 adopted to be effective June 18, 1996, 21 TexReg 5166. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 55 LAW ENFORCEMENT C DEPUTY AND SPECIAL GAME WARDEN COMMISSION §55.63 Special Game Wardens https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3541&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3541 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3541&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3541 03/11/2026 The Director is authorized to issue additional rules, in directive form, governing the deputy game warden and special game warden programs, including, but not limited to, rules necessary for selection procedures, number of appointees to training school, training requirements, uniform requirements, law enforcement activities, and revocation of a commission. Source Note: The provisions of this §55.64 adopted to be effective June 18, 1996, 21 TexReg 5166. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 55 LAW ENFORCEMENT C DEPUTY AND SPECIAL GAME WARDEN COMMISSION §55.64 Additional Requirements https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146919&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 146919 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146919&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 146919 03/11/2026 The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.(1) Chairman--Chairman of the Operation Game Thief Committee.(2) Committee--The Operation Game Thief Committee.(3) Coordinator--The staff member appointed by the director to coordinate the operation game thief program. The coordinator is also the secretary of the committee.(4) Death benefits--A monetary amount determined by the committee and paid to an eligible recipient.(5) Department--The Texas Parks and Wildlife Department.(6) Director--The executive director of the Parks and Wildlife Department or his or her designee.(7) Donation--Something of value, negotiable or convertible, and shall include, but not be limited to, currency, stocks, bonds, or property, whether real or personal.(8) Eligible applicant--A person making application for a reward for furnishing information to the department which leads to an arrest and conviction for an eligible violation.(9) Eligible recipient--The individual(s) designated as the deceased department peace officer's beneficiary of benefits on records maintained by the Employees Retirement System of Texas.(10) Information--Specific information of a violation furnished to the department that leads to the arrest and conviction of the violator.(11) Line of duty--As defined by Government Code, §615.021.(12) Operation game thief fund--Monies collected and deposited in a special fund outside the state treasury.(13) Reward--A monetary amount determined by the committee and disbursed to an eligible applicant. Source Note: The provisions of this §55.111 adopted to be effective May 4, 1982, 7 TexReg 1598; amended to be effective June 15, 1988, 13 TexReg 2753; amended to be effective December 19, 1994, 19 TexReg 9627; amended to be effective February 7, 2006, 31 TexReg 705; amended to be effective August 4, 2010, 35 TexReg 6671. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 55 LAW ENFORCEMENT D OPERATION GAME THIEF FUND §55.111 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146920&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 146920 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146920&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 146920 03/11/2026 (a) The director shall develop procedures for the acceptance, conversion, and deposit of all donations offered by individuals, clubs, or other organizations.(b) Conversion of donations of real or personal property into United States currency shall be accomplished by the director.(c) Donations received shall be deposited by the director in interest-bearing accounts (operation game thief fund) insured by the Federal Deposit Insurance Corporation or invested in United States Treasury bills and bonds or certificates of deposit at the best available yields.(d) The chairman shall be notified in writing of any disbursement in excess of $500. A disbursement under this subsection may include but is not limited to promotional costs to enhance the fund. All donations may be used for these purposes unless otherwise specifically prohibited by the donor. All disbursements from accounts will be by check signed by the director. The committee will be furnished an annual report detailing all expenditures from the fund. Source Note: The provisions of this §55.112 adopted to be effective May 4, 1982, 7 TexReg 1598; amended to be effective December 10, 1992, 17 TexReg 8297; amended to be effective December 19, 1994, 19 TexReg 9627; amended to be effective August 4, 2010, 35 TexReg 6671. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 55 LAW ENFORCEMENT D OPERATION GAME THIEF FUND §55.112 Donations and Disbursements https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146921&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 146921 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146921&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 146921 03/11/2026 (a) No person other than a person furnishing information to the department that leads to the arrest and conviction of a person for committing a violation of a statute listed in Parks and Wildlife Code, §12.203, or a regulation adopted under any of those statutes may be eligible for receiving a reward.(b) A person shall be eligible for receiving a reward if information required in subsection (a) of this section is forwarded to a designated office established by the department for the reporting of such information, or to a game warden employed by the department, provided the person seeking eligibility for a reward thereafter forwards the information, as soon as practicable, to the designated office established by the department for the reporting of such information.(c) The designated office defined in subsection (b) of this section shall provide:(1) employees on duty 24 hours a day;(2) a toll-free telephone number for use by the public for reporting violations; and(3) assignment of a specific operation game thief report code number for persons reporting a violation.(d) A person furnishing information required by subsection (a) of this section to a game warden employed by the department, but who does not as soon as is practicable thereafter report the information to the office established by the department for the reporting of such information, may apply in writing to the committee for a reward to be paid from the Operation Game Thief Fund. The request may then be considered in the same manner as other applications for award.(e) The director shall prescribe the documentation to be furnished to substantiate the information provided.(f) Informants may be identified either by name, address and telephone number or may request an anonymous code number which shall be used in lieu of applicant's name in all subsequent transactions with the informant. Source Note: The provisions of this §55.113 adopted to be effective May 4, 1982, 7 TexReg 1598; amended to be effective December 29, 1997, 22 TexReg 12535; amended to be effective February 7, 2006, 31 TexReg 705; amended to be effective August 4, 2010, 35 TexReg 6671. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 55 LAW ENFORCEMENT D OPERATION GAME THIEF FUND §55.113 Reporting Violations; Eligibility of Applicant https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=123187&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 123187 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=123187&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 123187 03/11/2026 (a) The amount of reward granted to eligible applicants may not exceed $1,000 and shall be determined on an individual basis by the coordinator, with the approval of the director of law enforcement, according to a multiple-factor formula approved by the Committee.(b) In the event two or more eligible applicants furnish information pertaining to a specific violation, the reward may be divided among the eligible applicants in an amount determined by the coordinator, with the approval of the director of law enforcement.(c) At each meeting, the committee shall review all disbursements of rewards made by the coordinator since the last committee meeting and may increase the amount of any reward paid or approve additional rewards. Source Note: The provisions of this §55.114 adopted to be effective May 4, 1982, 7 TexReg 1598; amended to be effective June 15, 1988, 13 TexReg 2753; amended to be effective October 10, 1995, 20 TexReg 7859; amended to be effective February 7, 2006, 31 TexReg 705. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 55 LAW ENFORCEMENT D OPERATION GAME THIEF FUND §55.114 Rewards: Payment https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18811&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18811 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18811&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18811 03/11/2026 (a) Rewards granted to eligible applicants that remain unclaimed for a period of two years from the date granted and approved by the committee shall be terminated and the money returned to the fund.(b) A request from an eligible applicant for a reward that has been terminated may be resubmitted to the committee for consideration of reinstatement at the next scheduled committee meeting. Source Note: The provisions of this §55.115 adopted to be effective June 15, 1988, 13 TexReg 2753. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 55 LAW ENFORCEMENT D OPERATION GAME THIEF FUND §55.115 Limitations: Unclaimed Rewards https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146922&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 146922 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146922&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 146922 03/11/2026 (a) The amount of a death benefit payment granted to an eligible recipient shall be $25,000 and payment processing will be initiated by the coordinator, with the approval of the director of the Law Enforcement Division and the chairman, to occur within 15 working days after the death occurs.(b) At each meeting, the committee shall review all disbursements of death benefits made by the coordinator since the last committee meeting and may increase the amount of any death benefit or approve additional death benefits.(c) This section applies to any death occurring on or after October 1, 2008. Source Note: The provisions of this §55.116 adopted to be effective December 19, 1994, 19 TexReg 9627; amended to be effective December 9, 2003, 28 TexReg 10950; amended to be effective August 4, 2010, 35 TexReg 6671. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 55 LAW ENFORCEMENT D OPERATION GAME THIEF FUND §55.116 Death Benefits: Payment https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=132569&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 132569 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=132569&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 132569 03/11/2026 (a) A licensed dealer, distributor, or manufacturer (hereinafter "licensee") may use the licensee's number to show, demonstrate, or test a vessel on the water of this state without acquiring a certificate of number and registration decals. The licensee's number shall be attached, affixed, or inscribed on both sides of the vessel in an easily visible location. The use of removable signs which can be temporarily but firmly attached to the vessel is permissible.(b) A licensee may not use the licensee's number for the use of a vessel on the water of this state for recreational purposes or for participation in contests or events, except as permitted in this subchapter.(c) On a limited and temporary basis, a licensee, or person or persons authorized by the licensee, may use a vessel for recreational purposes or participation in contests or events only if:(1) the licensee's number is either temporarily or permanently attached, affixed, or inscribed on both sides of the vessel in an easily visible location;(2) a department-issued validation decal is either temporarily or permanently prominently displayed on both sides of the vessel in an easily visible location;(3) a department-issued validation card is aboard the vessel; and(4) the temporary use does not occur on more than six consecutive days, and does not occur on more than twelve days in any calendar month.(d) A validation card must immediately be made available for inspection upon the request of any peace officer, marine safety officer, or department employee acting within the scope of their official duties.(e) A dealer, distributor, or manufacturer license shall include one validation card and two validation decals, which shall be issued at the time the license is issued. Additional validation cards may be purchased separately upon payment of the fee specified in §53.18 of this title (relating to Other Fees). Each additional validation card includes two validation decals. Validation decals may not be purchased separately.(f) A licensee shall maintain at the licensee's place of business a current daily log accounting for each use of each validation card issued to the licensee. The log shall be retained for a period of two years and must immediately be made available for inspection during normal business hours at the request of any peace officer, marine safety officer, or department employee acting within the scope of their official duties. The log shall indicate, for each use of a validation card:(1) the date and location of the use;(2) the hull identification number of the vessel;(3) the specific business purpose of the recreational use, contest, or event;(4) the name, address, and driver's license number or state-issued identification card number of the person or persons authorized by the licensee to operate the vessel; and(5) the name of licensee's agent authorizing use of the validation card.(g) A validation card is not valid if the corresponding license is not valid. A validation card and corresponding validation decals expire on the last day of the last month that a dealer, distributor, or manufacturer license is valid.(h) Nothing in this subchapter authorizes the use of a licensee's number or a validation card and validation decals for purposes not related to the legitimate business activities of the licensee. "Legitimate business activities" means the sale, transfer, exchange, service, or transportation of a vessel or outboard motor. Source Note: The provisions of this §55.130 adopted to be effective October 9, 2007, 32 TexReg 7075. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 55 LAW ENFORCEMENT E SHOW, TEST, AND DEMONSTRATION OF VESSELS §55.130 Show, Test, or Demonstration of Vessel https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=92412&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 92412 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=92412&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 92412 03/11/2026 The following words or terms, when used in this subchapter, shall have the following meanings, except where context clearly indicates otherwise:(1) Floating Cabin--means a structure securely moored in the coastal water of this state used for habitation or shelter and not routinely used for transportation. The term includes all mooring lines, anchors, anchor lines, spuds, and pilings and any other tethering devices. The term does not include a structure permitted by the General Land Office under Chapter 33, Natural Resources Code.(2) Portable Marine Sanitation Device--A device that is designed to facilitate the transport of sewage for onshore disposal. Source Note: The provisions of this §55.201 adopted to be effective February 11, 2002, 27 TexReg 946. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 55 LAW ENFORCEMENT F FLOATING CABINS §55.201 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=183719&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 183719 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=183719&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 183719 03/11/2026 (a) Permits issued under authority of this subchapter are valid only during the yearly period for which they are issued without regard to the date on which the permits are acquired. Each yearly permit period begins on September 1 and ends on August 31.(b) A person possessing a permit issued under this subchapter may renew that permit by submitting a completed permit renewal form and renewal fee to the department prior to the expiration date of the current permit. The department may renew a floating cabin permit only if:(1) the eligibility requirements set forth in Parks and Wildlife Code, §32.052, have been met; and(2) a permit renewal form, accompanied by the permit renewal fee specified in Parks and Wildlife Code, §32.055, has been submitted to the department no later than 90 days after the expiration date of the current permit.(c) Permits that are not renewed within 90 days after expiration will become ineligible for renewal and the affected floating cabin will be subject to removal at the permittee's expense according to the provisions of Parks and Wildlife Code, §32.154. The department shall notify each permittee by certified mail upon determining that a permit has expired and become ineligible for renewal.(d) A person possessing a permit issued under this subchapter shall notify the department prior to the transfer of the permitted floating cabin to a new permittee. Notification shall be on a form provided by the department.(e) A person purchasing a permitted floating cabin may not renew the annual permit unless the person has submitted a completed transfer application. Source Note: The provisions of this §55.202 adopted to be effective February 11, 2002, 27 TexReg 946; amended to be effective July 15, 2012, 37 TexReg 5317; amended to be effective April 10, 2017, 42 TexReg 1902. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 55 LAW ENFORCEMENT F FLOATING CABINS §55.202 Period of Validity; Renewal and Transfer of Permits https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=92414&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 92414 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=92414&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 92414 03/11/2026 (a) A floating cabin may not be relocated except on approval of a completed Relocation Application and verification that the proposed location meets the requirements of this subchapter and Parks and Wildlife Code, §32.107 and §32.108.(b) A floating cabin may not be relocated more than twice during a permit year except upon show of cause acceptable to the Department.(c) A floating cabin may not be relocated within:(1) a distance of 500 feet of any other floating cabin or structure required to be permitted under Natural Resource Code, Chapter 33; or(2) a distance of 250 feet of a pipeline.(d) Upon written notification to Texas Parks and Wildlife, a permitted floating cabin may be removed from public water for the purpose of repair or temporarily relocated for protection from natural disaster at any time. At the completion of repairs or reduced threat of natural disaster, the cabin may be returned to the original permitted location. Source Note: The provisions of this §55.203 adopted to be effective February 11, 2002, 27 TexReg 946. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 55 LAW ENFORCEMENT F FLOATING CABINS §55.203 Relocation Requirements https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=92415&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 92415 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=92415&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 92415 03/11/2026 Upon approval of a Floating Cabin Replacement Application, a floating cabin permitted under the provisions of this subchapter may be replaced by a floating cabin meeting the requirements of §55.205 of this title (relating to Identification and Marking Requirements) and Parks and Wildlife Code, §32.101 and §32.103(1). Source Note: The provisions of this §55.204 adopted to be effective February 11, 2002, 27 TexReg 946. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 55 LAW ENFORCEMENT F FLOATING CABINS §55.204 Replacement Requirements https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=92416&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 92416 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=92416&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 92416 03/11/2026 All floating cabins required to be permitted under the provisions of Parks and Wildlife Code, Chapter 32, shall be marked as follows.(1) The permit number must be displayed on the outside of the cabin area on two opposite sides. The number shall be attached to or painted in block arabic letters of good proportion in contrasting color to the background and be at least three inches in height. The assigned permit numbering pattern consists of the prefix "FC" followed by a combination of numerals and an annual validation sticker. The group of numerals appearing between the letters and validation sticker shall be separated by a hyphen or equivalent space.(2) Each floating cabin must exhibit an orange reflector measuring a minimum of 3 inches. Reflectors shall be mounted on the outer 1/3 portion of each side of the floating cabin in a manner allowing an unobstructed view from an approach to the side. Source Note: The provisions of this §55.205 adopted to be effective February 11, 2002, 27 TexReg 946. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 55 LAW ENFORCEMENT F FLOATING CABINS §55.205 Identification and Marking Requirements https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=92417&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 92417 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=92417&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 92417 03/11/2026 (a) Delegation of Authority. The commission delegates power and authority to the executive director to administer the Floating Cabin Buyback Program.(b) Permit Buyback Bid Application Period(1) The department may open one or more permit buyback bid offer application periods per permit year if available funds permit.(2) The department shall establish during each application period a deadline for receipt of all applications.(c) Permit Buyback Application Requirements.(1) The department shall consider all applications to the Floating Cabin Buyback Program provided the applicants meet the following requirements:(A) a completed Permit Buyback Application form furnished by the department has been submitted to the department by the application deadline;(B) the applicant is the owner of the permit submitted for buyback; and(C) the applicant has submitted to the department copies of all supplemental information as required in this subsection.(2) A completed Permit Buyback Application shall contain:(A) the full name of the applicant(s) having ownership rights;(B) the current address of the applicant's residence;(C) the social security number of the applicant(s);(D) the applicant's bid offer, in U.S. dollars.(d) Established Maximum Value Criteria.(1) The department may, each permit year, establish criteria which will be used as appropriate to assign an Established Maximum Value to each application.(2) The department will assign an Established Maximum Value to each application according to criteria provided in this section.(3) The Established Maximum Value for each application will be based on the following criteria:(A) length, width, and height of floating cabin;(B) amount of funds accumulated in the Floating Cabin Buyback Fund;(C) bid offers from previous application periods;(D) established open market prices for permitted cabins; and(E) other relevant factors.(e) Application Ranking Procedures.(1) Ranking values will be assigned to all applications based on the greatest difference between the Established Maximum Value and the bid offers which are less than the Established Maximum Value.(2) The department will purchase permits beginning with the highest ranking to the lowest.(3) Equally ranked bid offers:(A) If bid offers are equally ranked and one floating cabin is larger in length, width, and height, the department will rank the larger floating cabin ahead of the smaller;(B) If bid offers are equally ranked and both floating cabins are the same length and width, the department will rank according to the ascending alphabetical order of the applicant's last name.(C) The department may purchase permits whose offers fall within 10% of the Established Market Value and are greater than the Established Market Value.(f) Notification of Acceptance or Rejection of Application.(1) Department will notify each applicant in writing within 45 days of receipt of application regarding acceptance or rejection of application bid offer.(2) Applicants whose bids are accepted must then notify the department of their intent to accept or reject the offer from the department within 15 days of the postmark of the notification letter sent by the department.(3) The department may retain unsuccessful applications and include them in the next application period.(4) The unsuccessful applicant may withdraw, resubmit, or amend an application for consideration during any future application periods. Source Note: The provisions of this §55.206 adopted to be effective February 11, 2002, 27 TexReg 946. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 55 LAW ENFORCEMENT F FLOATING CABINS §55.206 Permit Purchase Program https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=92418&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 92418 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=92418&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 92418 03/11/2026 Floating Cabins required to be permitted by Parks and Wildlife Code, Chapter 32, shall have sewage disposal devices and equipment meeting the following requirements:(1) A Portable Marine Sanitation Device shall meet the following specifications:(A) The holding tank must be designed to facilitate the transport of sewage for lawful onshore disposal.(B) The device must be maintained in a serviceable condition allowing for removal of waste for onshore disposal.(2) Any marine sanitation device permanently installed on or within any floating cabin shall meet the following specifications:(A) The device shall be constructed so as to prevent the overboard discharge of treated or untreated sewage or any waste derived from sewage.(B) The device shall be designed for removal of waste materials by authorized pumping or removal of a liquid-tight storage container for onshore discharge.(C) Pumping shall only be permitted using the following methods:(i) discharge to a legally authorized sewage system;(ii) discharge to a legally authorized pump-out facility; or(iii) discharge to a liquid-tight vacuum truck or other conveyance for disposal by any of the methods listed in this section. Source Note: The provisions of this §55.207 adopted to be effective February 11, 2002, 27 TexReg 946. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 55 LAW ENFORCEMENT F FLOATING CABINS §55.207 Specifications for Marine Sanitation Devices https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=183720&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 183720 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=183720&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 183720 03/11/2026 (a) In addition to refusal of permit renewal under the provisions of §55.202(c) of this title (relating to Period of Validity; Renewal and Transfer of Permits), the department may refuse to renew a permit under this subchapter if:(1) an applicant is liable to the state under Parks and Wildlife Code §12.301;(2) an applicant has been finally convicted or assessed an administrative penalty for a violation of:(A) a provision of the Parks and Wildlife Code that is punishable as a Parks and Wildlife Code:(i) Class A or B misdemeanor;(ii) state jail felony; or(iii) felony; or(B) a violation of Water Code, §26.121.(b) In determining whether to renew a permit under this section, the department may consider:(1) the number of final convictions or administrative penalties;(2) the seriousness of the conduct on which the final conviction or administrative penalty is based;(3) the existence, number, and seriousness of offenses or violations other than offenses or violations that resulted in a final conviction or administrative penalty described by subsection (a)(2) of this section;(4) the length of time between the most recent final conviction or administrative penalty and the application for permit renewal;(5) whether the final conviction, administrative penalty, or other offense or violation was the result of negligence or intentional conduct;(6) whether the final conviction or administrative penalty resulted from conduct committed or omitted by the applicant; and(7) other mitigating factors.(c) The department shall provide to the applicant a written statement of the reasons for a decision to deny the renewal of a permit.(d) An applicant for a permit renewal may request a review of a decision of the department to refuse permit renewal.(1) An applicant seeking review of a decision of the department with respect to permit renewal must request the review within 10 working days of being notified by the department that the application for permit renewal has been denied. The review request must be in writing and addressed to: Marine Enforcement, Texas Parks and Wildlife Department, 4200 Smith School Rd., Austin, TX 78744.(2) Within 10 working days of receiving a request for review under this subsection, the department shall establish a date and time for the review.(3) The department shall conduct the review within 30 days of receipt of the request required by paragraph (2) of this subsection, unless another date is established in writing by mutual agreement between the department and the requestor.(4) The request for review shall be presented to a review panel. The review panel shall consist of three department managers with expertise in marine regulations, appointed or approved by the executive director, or the executive director's designee.(5) The decision of the review panel is final. Source Note: The provisions of this §55.208 adopted to be effective April 10, 2017, 42 TexReg 1902. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 55 LAW ENFORCEMENT F FLOATING CABINS §55.208 Refusal to Renew Permit; Review of Agency Decision to Refuse Permit Renewal https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=31100&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 31100 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=31100&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 31100 03/11/2026 These sections apply to all public waters in the State of Texas. Source Note: The provisions of this §55.301 adopted to be effective March 9, 1990, 15 TexReg 1069. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 55 LAW ENFORCEMENT G BOAT SPEED LIMIT AND BUOY STANDARDS §55.301 Application https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204298&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 204298 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204298&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 204298 03/11/2026 The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Department--Texas Parks and Wildlife Department.(2) Governing board--The governing board of an incorporated city or town, a commissioners court of a county, or the governing board of a political subdivision of the state created pursuant to the Texas Constitution, Article XVI, §59, as identified in the Parks and Wildlife Code, §31.092(c).(3) Headway speed--Slow, idle speed, or speed only fast enough to maintain steerage on course.(4) Regulated area--Any area on public water designated and posted as a regulated area by a governing board as provided in Parks and Wildlife Code, §31.092. Source Note: The provisions of this §55.302 adopted to be effective March 9, 1990, 15 TexReg 1069; amended to be effective July 23, 2015, 40 TexReg 4694; amended to be effective March 15, 2021, 46 TexReg 1658. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 55 LAW ENFORCEMENT G BOAT SPEED LIMIT AND BUOY STANDARDS §55.302 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204299&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 204299 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204299&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 204299 03/11/2026 The following rules shall govern the speed limits of moving vessels on all public waters of this state.(1) Governing boards may establish regulated areas under procedures and rules set out in Parks and Wildlife Code, §31.092, when these rules are determined to be necessary for public safety.(A) Numerical speed limits, such as miles per hour, shall not be used on public waters.(B) Boat speeds outside of regulated areas shall be governed by the Parks and Wildlife Code, §31.095(a).(C) The governing board shall post and maintain regulated areas with buoys or pilings consistent with the system of markers authorized by this subchapter.(2) Regulations governing water events and regattas administered by the United States Coast Guard are exempt from these rules to the extent of conflict. Source Note: The provisions of this §55.303 adopted to be effective March 9, 1990, 15 TexReg 1069; amended to be effective July 23, 2015, 40 TexReg 4694; amended to be effective March 15, 2021, 46 TexReg 1658. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 55 LAW ENFORCEMENT G BOAT SPEED LIMIT AND BUOY STANDARDS §55.303 General Rules https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173067&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 173067 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173067&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 173067 03/11/2026 (a) The U.S. Aids to Navigation System contained in 33 Code of Federal Regulations, Part 62 is hereby adopted for all public waters in this state.(b) This federal regulation describes the meanings associated with various markers.(c) This federal regulation is published in the Code of Federal Regulations. It may be obtained from any United States Depository Library or by writing the department. Source Note: The provisions of this §55.304 adopted to be effective March 9, 1990, 15 TexReg 1069; amended to be effective July 23, 2015, 40 TexReg 4694. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 55 LAW ENFORCEMENT G BOAT SPEED LIMIT AND BUOY STANDARDS §55.304 System of Markers https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=28501&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 28501 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=28501&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 28501 03/11/2026 The penalties for violation of this subchapter are prescribed by the Texas Parks and Wildlife Code, §31.127. Source Note: The provisions of this §55.305 adopted to be effective March 9, 1990, 15 TexReg 1069. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 55 LAW ENFORCEMENT G BOAT SPEED LIMIT AND BUOY STANDARDS §55.305 Penalties https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204300&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 204300 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204300&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 204300 03/11/2026 The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Inland waters--all public waters of this state on the landward side of the coastal waters boundary as defined in §65.3(15) of this title (relating to Definitions).(2) Party boat--a vessel meeting the definition of "party boat" established in Parks and Wildlife Code, §31.171(2).(3) Passenger--a person carried on board a party boat, but does not include:(A) the vessel owner or the owner's agent;(B) the vessel's operator or crew members, if they have not provided a consideration for their transportation before, during, or after the voyage; or(C) a person being trained for the purposes of acquiring a party boat operator's license. Source Note: The provisions of this §55.401 adopted to be effective January 1, 2008, 32 TexReg 10011; amended to be effective March 15, 2021, 46 TexReg 1658. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 55 LAW ENFORCEMENT H PARTY BOATS §55.401 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204301&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 204301 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204301&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 204301 03/11/2026 (a) This subchapter applies to a party boat that operates on inland waters of this state.(b) The annual water safety inspection required by §55.405(a) of this title (relating to Employer/Owner Responsibilities) is not required for a vessel that:(1) is carrying passengers for hire; and(2) carries a valid and current certificate of inspection issued pursuant to federal law.(c) A person is not required to obtain a party boat operator's license if that person possesses:(1) a valid and current federal pilot's or captain's license issued by the United States Coast Guard or other federal agency; or(2) a valid license, issued by a state that shares a body of water with Texas, that is substantively similar in effect and scope to the party boat operator license required by this subchapter, provided:(A) the issuing state allows Texas vessels to operate in the shared waters under the same conditions; and(B) the party boat is operated only in waters shared by the issuing state and the state of Texas.(d) This subchapter does not apply to:(1) a boat that is less than 30 feet in length;(2) a sailboat;(3) a vessel rented out for profit under a written contract by a vessel livery, as defined by Parks and Wildlife Code, §31.003(8), where all responsibility and liability for operating and provisioning the vessel is assumed by the party renting the vessel; or(4) any vessel used for training or instructional purposes while it is not being used as a party boat. Source Note: The provisions of this §55.402 adopted to be effective January 1, 2008, 32 TexReg 10011; amended to be effective March 15, 2021, 46 TexReg 1658. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 55 LAW ENFORCEMENT H PARTY BOATS §55.402 Applicability and Exceptions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=134462&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 134462 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=134462&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 134462 03/11/2026 (a) A person may not operate a party boat unless the person:(1) has in the person's immediate possession a party boat operator's license issued by the department;(2) is learning to operate the party boat for the purpose of acquiring a party boat operator's license and:(A) is an employee of the owner of the party boat or the owner's agent; and(B) is accompanied by a holder of a party boat operator's license issued by the department and the license holder occupies a space beside the unlicensed operator for the purpose of giving instruction on operating the party boat.(b) It is a defense to prosecution under subsection (a)(1) of this section that the person charged produces in court:(1) a party boat operator's license that was issued to the person and was valid when the offense was committed; or(2) a valid license, issued by a state that shares a body of water with Texas, that is substantively similar in effect and scope to the party boat operator license required by this subchapter, provided:(A) the issuing state allows Texas vessels to operate in the shared waters under the same conditions; and(B) the party boat is operated only in waters shared by the issuing state and the state of Texas. Source Note: The provisions of this §55.403 adopted to be effective January 1, 2008, 32 TexReg 10011. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 55 LAW ENFORCEMENT H PARTY BOATS §55.403 License Required https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211056&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 211056 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211056&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 211056 03/11/2026 (a) Application.(1) A person may apply for a party boat operator license by submitting a completed department-supplied application to the department, accompanied by the fee specified by Chapter 53, Subchapter A of this title (relating to Fees).(2) The department will not issue a party boat operator license to any person who has not passed a department-approved written examination on safe party boat operation.(b) Period of validity. A party boat operator license is valid for two years from the date of issuance.(c) Renewal.(1) A party boat operator license may be renewed by submitting a completed department-supplied renewal application to the department within 60 days of the expiration date of the license, accompanied by the fee specified by Chapter 53, Subchapter A of this title (relating to Fees).(2) If a party boat operator license has not been renewed by the 60th day following the expiration date of the license, it cannot be renewed and an application for a new party boat operator license must be completed and submitted.(d) Replacement license.(1) The holder of a party boat operator license who changes name or mailing address shall submit a completed department-supplied application for a replacement license, accompanied by the fee specified in Chapter 53, Subchapter A of this title, by not later than the 30th day after the date of the change.(2) The department shall replace a damaged, destroyed, lost, or stolen party boat operator license upon payment of the fee specified in Chapter 53, Subchapter A of this title. Source Note: The provisions of this §55.404 adopted to be effective January 1, 2008, 32 TexReg 10011; amended to be effective April 10, 2017, 42 TexReg 1903; amended to be effective December 4, 2022, 47 TexReg 7907. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 55 LAW ENFORCEMENT H PARTY BOATS §55.404 Party Boat Operator License--General Provisions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=134465&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 134465 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=134465&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 134465 03/11/2026 (a) The owner of a party boat may not operate or allow the operation of a boat as a party boat unless it has passed an annual water safety inspection conducted or authorized by the department within the previous 12 months.(b) The owner of a party boat must maintain at least a minimum of $300,000 of liability insurance from an insurer licensed to do business in this state.(c) The owner of a party boat may not knowingly:(1) permit a person to operate a party boat at any time that the person is prohibited under the provisions of this subchapter from operating a party boat; or(2) train a person to operate a party boat for purposes of obtaining a party boat operator's license unless the person is employed by the owner and has completed a boating safety course approved by the department. This paragraph does not apply if six or fewer passengers are aboard at the time a person is being trained.(d) The owner of a party boat shall ensure that a list of emergency procedures is posted in a conspicuous location on a party boat at all times that paying passengers are aboard the vessel. The list shall set forth, at a minimum, procedures or instructions for the following:(1) use of radio-telephone, if the vessel is equipped with a radio-telephone;(2) man overboard;(3) fire or explosion;(4) leaks or damage control;(5) location of personal flotation devices;(6) location of escape hatches and escape routes;(7) abandoning ship; and(8) location of first-aid kit.(e) On vessels that do not have or are not required to have a vessel capacity plate, the passenger capacity may be determined from the application of any one of the following formulae to the vessel:(1) one passenger per 30 inches of rail space available to passengers at the vessel's sides and across the transom;(2) one passenger per 10 square feet of deck area available for passenger use, not including concession stands, toilets, washrooms, companionways, or stairways; and(3) one passenger per 18 inches of width of fixed seating area provided. Source Note: The provisions of this §55.405 adopted to be effective January 1, 2008, 32 TexReg 10011. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 55 LAW ENFORCEMENT H PARTY BOATS §55.405 Employer/Owner Responsibilities https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=134464&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 134464 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=134464&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 134464 03/11/2026 A violation of any provision of this subchapter is punishable as prescribed by Parks and Wildlife Code, §31.127. Source Note: The provisions of this §55.406 adopted to be effective January 1, 2008, 32 TexReg 10011. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 55 LAW ENFORCEMENT H PARTY BOATS §55.406 Violations and Penalties https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18835&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18835 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18835&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18835 03/11/2026 (a) This subchapter sets forth the regulations concerning the disposition of dangerous wild animals, and carcasses, hides, and parts of or products made from a dangerous wild animal seized by a peace officer pursuant to the provisions of Parks and Wildlife Code, Chapter 62, Subchapter F.(b) For purposes of this subchapter, "convicted" means found guilty by a judge or jury, a plea of guilty or nolo contendere, or placed on deferred adjudication. Source Note: The provisions of this §55.501 adopted to be effective April 15, 1996, 21 TexReg 3025. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 55 LAW ENFORCEMENT I DISPOSITION OF DANGEROUS WILD ANIMALS §55.501 Application https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18836&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18836 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18836&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18836 03/11/2026 (a) A game warden, or other authorized Department employee, or a licensed veterinarian acting under the direction of a game warden, may euthanize a dangerous wild animal to eliminate its suffering due to illness or injury, or if the Department is unable to locate a suitable place for the animal under subsection (b) of this section.(b) If a person is convicted of a violation of Chapter 62, Subchapter F, Parks and Wildlife Code, the dangerous wild animal may be transferred to a sanctuary, or to a person with a permit that allows for possession of the animal.(c) If no person is convicted of a violation of Chapter 62, Subchapter F, Parks and Wildlife Code, the dangerous wild animal shall be disposed of according to the instructions of the court. Source Note: The provisions of this §55.503 adopted to be effective April 15, 1996, 21 TexReg 3025. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 55 LAW ENFORCEMENT I DISPOSITION OF DANGEROUS WILD ANIMALS §55.503 Disposition of Live Animals https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18837&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18837 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18837&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18837 03/11/2026 (a) If a person is convicted of a violation of Chapter 62, Subchapter F, Parks and Wildlife Code, the Department may destroy, or keep, or place on loan for use in an educational display, a carcass, hide, or part of or product made from a dangerous wild animal.(b) If no person is convicted of a violation of Chapter 62, Subchapter F, Parks and Wildlife Code, the carcass, hide, or part of or product made from a dangerous wild animal shall be disposed of according to the instructions of the court, if any, or returned to the person from whom it was seized. Source Note: The provisions of this §55.505 adopted to be effective April 15, 1996, 21 TexReg 3025. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 55 LAW ENFORCEMENT I DISPOSITION OF DANGEROUS WILD ANIMALS §55.505 Disposition of Carcass, Hide, or Part of Animal, or Product Made from Animal https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206805&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 206805 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206805&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 206805 03/11/2026 The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Commercial possession--The possession of a controlled exotic snake for the purpose of sale.(2) Controlled exotic snake--Any live snake that is:(A) a venomous snake not indigenous to Texas;(B) any of the following:(i) African rock python (Python sebae);(ii) Asiatic rock python, (Python molurus);(iii) Burmese python (Python bivittatus);(iv) green anaconda, (Eunectes murinus);(v) reticulated python, (Python reticulatus);(vi) southern African python, (Python natalensis); or(C) a hybrid of any species listed in this paragraph.(3) Possession--Actual care, custody, or control.(4) Recreational possession--The possession or transportation of a controlled exotic snake for any purpose other than sale.(5) Sale--The transfer of ownership or the right of possession or the offer to transfer ownership or the right of possession of a controlled exotic snake to a person for a monetary consideration. Source Note: The provisions of this §55.651 adopted to be effective March 23, 2008, 33 TexReg 2543; amended to be effective November 22, 2021, 46 TexReg 7892. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 55 LAW ENFORCEMENT J CONTROLLED EXOTIC SNAKES §55.651 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=135909&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 135909 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=135909&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 135909 03/11/2026 (a) Except as provided by Parks and Wildlife Code, §43.851(c), it is an offense for any person in this state to:(1) possess a controlled exotic snake for any purpose other than sale unless that person possesses a valid recreational controlled exotic snake permit issued by the department; or(2) sell or possess for commercial purposes a controlled exotic snake unless that person possesses a valid commercial controlled exotic snake permit issued by the department.(b) A permit issued under this subchapter does not relieve any person of the responsibility of complying with any federal, state, or local law or ordinance regulating the possession and transportation of controlled exotic snakes.(c) For controlled exotic snakes imported to Texas by common carrier, a bill of lading shall function as a temporary permit until the controlled exotic snakes are received by the consigner indicated on the manifest.(d) For controlled exotic snakes transported through Texas by common carrier, a bill of lading shall function as a temporary permit during transit. Source Note: The provisions of this §55.652 adopted to be effective March 23, 2008, 33 TexReg 2543. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 55 LAW ENFORCEMENT J CONTROLLED EXOTIC SNAKES §55.652 Permit Required https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211057&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 211057 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211057&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 211057 03/11/2026 (a) A person may obtain a permit under this subchapter by paying the fee specified in Chapter 53, Subchapter A of this title (relating to Fees).(b) A permit issued under this subchapter is valid from September 1 of one year until August 31 of the following year.(c) A person who sells a controlled exotic snake or snakes to another person for purposes of recreational possession shall inform the purchaser at the time of the sale that:(1) the sales receipt for the transaction is a temporary recreational controlled exotic snake permit valid for 21 days from the date indicated on the receipt; and(2) after the 21st day following the date indicated on the sales receipt, the possession or transport of the controlled exotic snake or snakes is unlawful unless the person has purchased a recreational controlled exotic snake permit issued by the department. Source Note: The provisions of this §55.653 adopted to be effective March 23, 2008, 33 TexReg 2543; amended to be effective December 4, 2022, 47 TexReg 7907. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 55 LAW ENFORCEMENT J CONTROLLED EXOTIC SNAKES §55.653 Permit Issuance and Period of Validity https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=135911&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 135911 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=135911&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 135911 03/11/2026 (a) A commercial controlled exotic snake permit is required for each permanent place of business where controlled exotic snakes are sold or held in commercial possession.(b) An employee of a commercial controlled exotic snake permit holder may buy and sell controlled exotic snakes under the authority of that permit only at a permanent place of business operated by the permittee, provided that the employer's permit or a legible photocopy of the permit is maintained at the place of business during all activities governed by this subchapter.(c) In the event that the holder of a commercial controlled exotic snake permit conducts an activity regulated under this subchapter at a place other than the permittee's permanent place of business, that person shall possess on their person the original or a legible photocopy of a valid commercial controlled exotic snake permit. Source Note: The provisions of this §55.654 adopted to be effective March 23, 2008, 33 TexReg 2543. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 55 LAW ENFORCEMENT J CONTROLLED EXOTIC SNAKES §55.654 Possession of Commercial Permit https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=135914&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 135914 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=135914&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 135914 03/11/2026 (a) The holder of a commercial controlled exotic snake permit shall maintain a current and legible daily record of all activities involving the acceptance, possession, or transfer of controlled exotic snakes by the permittee, including the name and address of any person:(1) to whom a controlled exotic snake is sold;(2) from whom a controlled exotic snake is bought; or(3) from whom a controlled exotic snake is obtained; and(4) the person 's controlled exotic snake permit number, if the person is required to possess a controlled exotic snake permit.(b) The records required by this section shall be:(1) retained by the permittee for a period of two years; and(2) be made available for inspection upon the request of any department employee acting within the scope of official duties. Source Note: The provisions of this §55.655 adopted to be effective March 23, 2008, 33 TexReg 2543. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 55 LAW ENFORCEMENT J CONTROLLED EXOTIC SNAKES §55.655 Recordkeeping https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=135912&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 135912 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=135912&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 135912 03/11/2026 (a) Inspection. An authorized department employee may inspect at any time and without a warrant a permit or any records required by this subchapter.(b) Seizure.(1) The department may arrange for the seizure and removal of a snake covered by this subchapter from a person who possesses the snake without the required permit. The person is responsible for any costs incurred by the department in the seizure, removal, and disposition of the snake.(2) A department employee is not required to handle, remove, or dispose of the snake.(3) The department may contract with a person who has knowledge of or expertise in the handling of a snake covered by this subchapter to assist the department in the handling, removal, and disposition of the snake.(4) The department, including an enforcement officer of the department, who acts under this section is not liable in a civil action for the seizure, sale, donation, or other disposition of the snake. Source Note: The provisions of this §55.656 adopted to be effective March 23, 2008, 33 TexReg 2543. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 55 LAW ENFORCEMENT J CONTROLLED EXOTIC SNAKES §55.656 Inspection; Seizure https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=135913&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 135913 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=135913&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 135913 03/11/2026 (a) A person may not intentionally, knowingly, recklessly, or with criminal negligence release or allow the release from captivity of a snake covered by this subchapter.(b) A person who violates any provision of the subchapter is subject to the penalties prescribed by Parks and Wildlife Code, §43.856.(c) The provisions of Parks and Wildlife Code, Chapter 43, Subchapter V and this subchapter may be enforced by any Texas peace officer.(d) It is a defense to prosecution under §55.652 of this title (relating to Permit Required) that the person charged produces in court an appropriate permit issued to the person and valid when the offense was committed. Source Note: The provisions of this §55.657 adopted to be effective March 23, 2008, 33 TexReg 2543. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 55 LAW ENFORCEMENT J CONTROLLED EXOTIC SNAKES §55.657 Violations and Penalties https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143958&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 143958 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143958&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 143958 03/11/2026 The Texas Parks and Wildlife Commission expresses support for the Interstate Wildlife Violator Compact (Compact) and hereby directs the executive director of the department to enter into the Compact on behalf of the state of Texas. As provided by the terms of the Compact, and in the manner specified by the Compact, the director or the director's designee may:(1) enter into the Compact and/or withdraw from the Compact;(2) appoint a Compact administrator to serve as Texas' representative on the board of Compact administrators;(3) refuse to issue a license, tag or permit;(4) receive information from and provide information to other member states;(5) process nonresident violators who are residents of other member states;(6) establish policies and procedures to implement the terms of the Compact and this section; and(7) take other action as necessary to carry out the terms of the Compact. Source Note: The provisions of this §55.675 adopted to be effective January 17, 2010, 35 TexReg 248. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 55 LAW ENFORCEMENT K INTERSTATE WILDLIFE VIOLATOR COMPACT §55.675 Interstate Wildlife Violator Compact https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18843&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18843 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18843&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18843 03/11/2026 This subchapter shall apply to any peace officer, as defined by Article 2.12, Texas Code of Criminal Procedure, who enforces any provision of Parks and Wildlife Code, Chapter 31, or enforces any provision, regulation, resolution, ordinance, order adopted pursuant to Parks and Wildlife Code, §31.092. Source Note: The provisions of this §55.801 adopted to be effective May 28, 1998, 23 TexReg 5440. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 55 LAW ENFORCEMENT L MARINE SAFETY ENFORCEMENT--TRAINING AND CERTIFICATION STANDARDS §55.801 Application https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204306&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 204306 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204306&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 204306 03/11/2026 The following words and terms, when used in this subchapter, shall have the following meanings, except where the context clearly indicates otherwise.(1) Active duty peace officer--A peace officer holding a valid peace officer license from the Texas Commission on Law Enforcement (TCOLE) and a valid peace officer commission issued by an authorized governmental entity of the State of Texas.(2) Commission--The Texas Parks and Wildlife Commission.(3) Department--The Texas Parks and Wildlife Department. Source Note: The provisions of this §55.802 adopted to be effective May 28, 1998, 23 TexReg 5440; amended to be effective March 15, 2021, 46 TexReg 1659. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 55 LAW ENFORCEMENT L MARINE SAFETY ENFORCEMENT--TRAINING AND CERTIFICATION STANDARDS §55.802 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204307&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 204307 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204307&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 204307 03/11/2026 (a) To be eligible for certification as a marine safety enforcement officer, a person must:(1) be an active duty peace officer;(2) hold a Texas boater education certificate; and(3) successfully complete the marine safety enforcement officer training course and marine safety enforcement officer examination.(b) To retain certification, a marine safety enforcement officer must comply with all reporting requirements as set forth in §55.806 of this title (relating to Reporting Requirements).(c) To instruct the marine safety enforcement officer training course, a person must:(1) be a certified marine safety enforcement officer;(2) hold a TCOLE Instructor license; and(3) successfully complete the marine safety enforcement officer instructor course and marine safety enforcement officer instructor examination.(d) A person who is a graduate of the TPWD Game Warden Academy and who is also an active commissioned game warden is eligible for certification as a marine safety enforcement officer. A person who is a graduate of the TPWD Game Warden Academy, who is also an active commissioned game warden, and who holds a TCOLE Instructors License is eligible for certification as a marine safety enforcement officer course instructor. Source Note: The provisions of this §55.803 adopted to be effective May 28, 1998, 23 TexReg 5440; amended to be effective March 15, 2021, 46 TexReg 1659. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 55 LAW ENFORCEMENT L MARINE SAFETY ENFORCEMENT--TRAINING AND CERTIFICATION STANDARDS §55.803 General Rules https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204308&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 204308 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204308&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 204308 03/11/2026 (a) The marine safety enforcement officer course shall consist of the following instruction topics:(1) provisions of the Texas Water Safety Act, Parks and Wildlife Code, Chapter 31;(2) navigation rules;(3) United States Coast Guard rules applicable to state waters;(4) boater education requirements; and(5) the reporting requirements of §55.806 of this title (relating to Reporting Requirements).(b) The marine safety enforcement officer course is successfully completed when a peace officer has:(1) attended the prescribed instruction by a department-certified marine safety enforcement officer instructor or department-approved online instruction provider; and(2) passed the department approved marine safety enforcement officer examination.(c) Upon completion of a course, the instructor or online provider shall submit appropriate course completion documentation to the department and TCOLE. Source Note: The provisions of this §55.804 adopted to be effective May 28, 1998, 23 TexReg 5440; amended to be effective March 15, 2021, 46 TexReg 1659. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 55 LAW ENFORCEMENT L MARINE SAFETY ENFORCEMENT--TRAINING AND CERTIFICATION STANDARDS §55.804 Marine Safety Enforcement Officer Course Standards https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3549&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3549 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3549&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3549 03/11/2026 (a) Marine safety enforcement officers shall report all investigations as required by Parks and Wildlife Code, §31.132, by completing and submitting to the department a Water Safety Incident Report(s).(b) The department may summarily suspend the certification of a marine safety enforcement officer who fails to submit, fails to complete, or falsifies a report required under subsection (a) of this section. Source Note: The provisions of this §55.806 adopted to be effective May 28, 1998, 23 TexReg 5440. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 55 LAW ENFORCEMENT L MARINE SAFETY ENFORCEMENT--TRAINING AND CERTIFICATION STANDARDS §55.806 Reporting Requirements https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204309&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 204309 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204309&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 204309 03/11/2026 All applications shall be accompanied by the fees specified in Chapter 53 of this title (relating to Finance). For all courses other than online courses, payments shall be in the form of a check, money order, or warrant made payable to the department. For courses provided by an online provider payment shall be in a form prescribed by the provider. All fees remitted to the department are nonrefundable; however, an entity may substitute a qualified peace officer in place of a person named on an application. Source Note: The provisions of this §55.807 adopted to be effective May 28, 1998, 23 TexReg 5440; amended to be effective March 15, 2021, 46 TexReg 1659. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 55 LAW ENFORCEMENT L MARINE SAFETY ENFORCEMENT--TRAINING AND CERTIFICATION STANDARDS §55.807 Fees https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=153304&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 153304 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=153304&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 153304 03/11/2026 The operator of a vessel involved in a collision, accident, or other casualty that results in death or injury to a person or damage to property in excess of $2,000 shall report to the department on or before the expiration of 30 days after the incident a full description of the collision, accident, or casualty. The report required by this section may be in writing, by phone, by electronic mail, or via the department web site. Source Note: The provisions of this §55.850 adopted to be effective October 30, 2011, 36 TexReg 7338. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 55 LAW ENFORCEMENT M MANDATORY BOATING INCIDENT REPORT §55.850 Mandatory Boating Incident Report https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210902&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210902 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210902&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210902 03/11/2026 The following words and terms shall have the following meanings, unless the context clearly indicates otherwise.(1) Applicant--A person who seeks to obtain a license or permit issued by the department.(2) Final conviction--A final judgment of guilt, the granting of deferred adjudication or pretrial diversion, or the entering of a plea of guilty or nolo contendere.(3) License or Permit--A non-recreational license or permit issued by the department, including but not limited to the licenses and permits listed in §56.7 of this title (relating to Permits and Licenses Affected). Source Note: The provisions of this §56.1 adopted to be effective November 21, 2022, 47 TexReg 7737. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 56 AGENCY DECISION TO REFUSE LICENSE OR PERMIT ISSUANCE OR RENEWAL AND AGENCY DECISION TO SUSPEND OR REVOKE AFFECTED LICENSE OR PERMIT §56.1 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210903&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210903 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210903&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210903 03/11/2026 (a) Criminal conduct. The department may refuse to issue or renew a license or permit to any person who has been finally convicted of or assessed an administrative penalty for a violation of:(1) Parks and Wildlife Code, Chapter 43, Subchapter C, E, G, L, R, or R-1;(2) a provision of the Parks and Wildlife Code not described by paragraph (1) of this subsection that is a Parks and Wildlife Code:(A) Class A or B misdemeanor;(B) state jail felony; or(C) felony;(3) Parks and Wildlife Code, §63.002;(4) Penal Code, §37.10 or §42.092;(5) the Lacey Act (16 U.S.C. §§3371-3378);(6) the Airborne Hunting Act (16 U.S.C. §742j-1); or(7) any statutory or regulatory provision not described in this subsection involving conduct or behavior regulated by the permit or license the applicant seeks to obtain or renew. In determining whether a criminal conviction directly relates to the duties and responsibilities required under a permit or license sought by an applicant, the department shall consider each of the following factors:(A) the relationship of the crime to the purposes for which a license or permit listed in §56.7 of this title is required;(B) the extent to which the issuance of a license or permit might offer an opportunity to engage in further criminal activity of the same type as that in which the person previously had been involved;(C) the relationship of the crime to the ability or capacity required to perform the duties and discharge the responsibilities under the license or permit being sought; and(D) any correlation between the elements of the crime and the duties and responsibilities of the license or permit being sought.(b) Administrative compliance. The department may refuse to issue or renew a permit or license listed in §56.7 of this title (relating to Permits and Licenses Affected) if an applicant fails to submit in a timely manner any of the following:(1) a completed application, including all application materials required by the department;(2) the required fee;(3) accurate required reports or notifications; or(4) any additional information or material the department determines necessary to process the application.(c) Outstanding liability to the department. The department may refuse to issue or renew a permit or license listed in §56.7 of this title, as applicable, if the applicant is liable to the state for fees or payment of penalties imposed pursuant to the Parks and Wildlife Code or commission rule, including liability under Parks and Wildlife Code, §12.301.(d) Criteria for determination.(1) If the department determines that a criminal conviction directly relates to the duties and responsibilities required under a permit or license, the department shall consider the following in determining whether to take an action authorized under this subchapter:(A) the extent and nature of the person's past criminal activity with respect to the factors identified in this section;(B) the age of the person when the crime was committed;(C) the amount of time that has elapsed since the person's last criminal activity involving factors identified in this section;(D) the conduct and work activity of the person before and after the criminal activity;(E) evidence of the person's rehabilitation or rehabilitative effort while incarcerated or after release;(F) evidence of the person's compliance with any conditions of community supervision, parole, or mandatory supervision;(G) other evidence of the person's fitness, including letters of recommendation; and(H) other adverse or mitigating factors, including but not limited to:(i) the number of final convictions or administrative penalties;(ii) the seriousness of the conduct on which the final conviction or administrative penalty is based;(iii) the existence, number, and seriousness of offenses or violations other than offenses or violations that resulted in a final conviction or administrative penalty described by subsection (a) of this section;(iv) the length of time between the most recent final conviction or administrative penalty and the permit application;(v) whether the final conviction, administrative penalty, or other offense or violation was the result of negligence or intentional conduct;(vi) whether the final conviction or administrative penalty resulted from conduct committed or omitted by the applicant, an agent of the applicant, or both;(vii) the accuracy of the permit history information provided by the applicant;(viii) for a renewal, whether the applicant agreed to any special provisions recommended by the department as conditions to the expiring permit.(2) A determination under this section is not permanent and the department shall consider the factors listed in this subsection in subsequent applications. Source Note: The provisions of this §56.2 adopted to be effective November 21, 2022, 47 TexReg 7737. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 56 AGENCY DECISION TO REFUSE LICENSE OR PERMIT ISSUANCE OR RENEWAL AND AGENCY DECISION TO SUSPEND OR REVOKE AFFECTED LICENSE OR PERMIT §56.2 Refusal to Issue or Renew Permit or License https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210904&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210904 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210904&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210904 03/11/2026 (a) The department may prohibit any person from engaging in activities regulated under a permit or license as a subpermittee, agent, or volunteer if that person is prohibited for any reason from obtaining the permit or license or from engaging in activities authorized by the permit or license.(b) The department may refuse to issue or renew a permit or license for any person the department has evidence is acting on behalf of or as a surrogate for another person who is prohibited for any reason from obtaining the permit or license or from engaging in activities authorized by the permit or license. Source Note: The provisions of this §56.3 adopted to be effective November 21, 2022, 47 TexReg 7737. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 56 AGENCY DECISION TO REFUSE LICENSE OR PERMIT ISSUANCE OR RENEWAL AND AGENCY DECISION TO SUSPEND OR REVOKE AFFECTED LICENSE OR PERMIT §56.3 Subpermittees, Volunteers, Agents, and Surrogates https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210905&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210905 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210905&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210905 03/11/2026 (a) An applicant may request a review of a decision of the department to refuse issuance of a license or permit.(1) An applicant seeking review of a decision of the department with respect to the issuance or renewal of a license or permit must submit a written request for the review within 10 working days of being notified by the department that the application has been denied.(2) Within 10 working days of receiving a request for review under this section, the department shall establish a date and time for the review.(3) The department shall conduct the review within 30 working days of receipt of the request required by paragraph (1) of this subsection, unless another date is established in writing by mutual agreement between the department and the requestor.(4) The request for review shall be presented to a review panel. The review panel shall consist of three department managers with expertise in the area or subject matter germane to the permit or license, appointed or approved by the executive director, or designee. The department employee that made the decision to refuse to issue or renew the license or permit shall not be a member of the review panel.(5) The decision of the review panel is final.(b) In conducting a review of a decision by the department to refuse to issue or renew a license or permit, the department shall consider:(1) any applicable factors listed under §56.2(d) of this title (relating to Refusal to Issue or Renew Permit or License);(2) the applicant's efforts toward rehabilitation;(3) the likelihood that the applicant would repeat the conduct upon which the refusal is based;(4) whether the conduct on which the refusal is based involved a threat to public safety; and(5) other mitigating factors. Source Note: The provisions of this §56.4 adopted to be effective November 21, 2022, 47 TexReg 7737. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 56 AGENCY DECISION TO REFUSE LICENSE OR PERMIT ISSUANCE OR RENEWAL AND AGENCY DECISION TO SUSPEND OR REVOKE AFFECTED LICENSE OR PERMIT §56.4 Review of Agency Decision to Deny Issuance or Renewal of License or Permit https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210906&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210906 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210906&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210906 03/11/2026 (a) Criminal conduct. The department may suspend or revoke a license or permit issued to any person who has been finally convicted of or assessed an administrative penalty for a violation of:(1) Parks and Wildlife Code, Chapter 43, Subchapter C, E, G, L, R, or R-1;(2) a provision of the Parks and Wildlife Code not described by paragraph (1) of this subsection that is a Parks and Wildlife Code:(A) Class A or B misdemeanor;(B) state jail felony; or(C) felony;(3) Parks and Wildlife Code, §63.002;(4) Penal Code, §37.10 or §42.092;(5) the Lacey Act (16 U.S.C. §§3371-3378);(6) the Airborne Hunting Act (16 U.S.C. §742j-1); or(7) any statutory or regulatory provision not described in this subsection involving conduct or behavior regulated by the permit or license. In determining whether a criminal conviction directly relates to the duties and responsibilities required under a permit or license, the department shall consider each of the following factors:(A) the relationship of the crime to the purposes for which a license or permit listed in §56.7 of this title (relating to Permits and Licenses Affected) is required;(B) the extent to which continued licensure or permit privileges might offer an opportunity to engage in further criminal activity of the same type as that in which the person previously had been involved;(C) the relationship of the crime to the ability or capacity required to perform the duties and discharge the responsibilities under the license or permit; and(D) any correlation between the elements of the crime and the duties and responsibilities of the license or permit.(b) Administrative compliance. The department may suspend or revoke a permit or license listed in §56.7 of this title if the licensee or permittee made a false or misleading statement in connection with the permittee's or licensee's original or renewal application, either in the formal application itself or in any other written instrument relating to the application submitted to the commission or its officers or employees.(c) Outstanding liability to the department. The department may suspend or revoke a permit or license listed in §56.7 of this title, as applicable, if the applicant is liable to the state for fees or payment of penalties imposed pursuant to the Parks and Wildlife Code or commission rule, including liability under Parks and Wildlife Code, §12.301.(d) Criteria for determination.(1) If the department determines that a criminal conviction directly relates to the duties and responsibilities required under a permit or license, the department shall consider the following in determining whether to take an action authorized under this section:(A) the extent and nature of the person's past criminal activity with respect to the factors identified in this section;(B) the age of the person when the crime was committed;(C) the amount of time that has elapsed since the person's last criminal activity involving factors identified in this section;(D) the conduct and work activity of the person before and after the criminal activity;(E) evidence of the person's rehabilitation or rehabilitative effort while incarcerated or after release;(F) evidence of the person's compliance with any conditions of community supervision, parole, or mandatory supervision;(G) other evidence of the person's fitness, including letters of recommendation; and(H) other adverse or mitigating factors, including but not limited to:(i) the number of final convictions or administrative penalties;(ii) the seriousness of the conduct on which the final conviction or administrative penalty is based;(iii) the existence, number, and seriousness of offenses or violations other than offenses or violations that resulted in a final conviction or administrative penalty described by subsection (a) of this section;(iv) the length of time between the most recent final conviction or administrative penalty and the permit application;(v) whether the final conviction, administrative penalty, or other offense or violation was the result of negligence or intentional conduct;(vi) whether the final conviction or administrative penalty resulted from conduct committed or omitted by the applicant, an agent of the applicant, or both;(vii) the accuracy of the permit history information provided by the applicant;(viii) for a renewal, whether the applicant agreed to any special provisions recommended by the department as conditions to the expiring permit.(2) A determination under this section is not permanent and the department shall consider the factors listed in this subsection in subsequent determinations. Source Note: The provisions of this §56.5 adopted to be effective November 21, 2022, 47 TexReg 7737. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 56 AGENCY DECISION TO REFUSE LICENSE OR PERMIT ISSUANCE OR RENEWAL AND AGENCY DECISION TO SUSPEND OR REVOKE AFFECTED LICENSE OR PERMIT §56.5 Revocation or Suspension of Licenses of Affected License or Permit https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210907&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210907 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210907&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210907 03/11/2026 (a) A licensee or permittee may request a review of a preliminary decision of the department to seek revocation or suspension of a license or permit.(1) An applicant seeking review of a preliminary decision of the department with respect to the revocation or suspension of a license or permit must submit a written request for the review within 10 working days of being notified by the department of a preliminary decision to revoke or suspend a license or permit.(2) Within 10 working days of receiving a request for review under this section, the department shall establish a date and time for the review.(3) The department shall conduct the review within 30 working days of receipt of the request required by paragraph (1) of this subsection, unless another date is established in writing by mutual agreement between the department and the requestor.(4) The request for review shall be presented to a review panel. The review panel shall consist of three department managers with expertise in the area or subject matter germane to the permit or license, appointed or approved by the executive director, or designee. The department employee that made the decision to seek suspension or revocation of the license or permit shall not be a member of the review panel.(5) A decision of the review panel to not seek revocation or suspension of a permit or license is final. A decision of the review panel to seek revocation or suspension of a permit or license is subject to the opportunity for a hearing provided in Parks and Wildlife Code §12.502.(b) In conducting a review of a decision by the department to seek revocation or suspension of a permit or license, the department shall consider:(1) any applicable factors listed under §56.5(d) of this title (relating to Revocation or Suspension of Licenses of Permit or License);(2) the applicant's efforts toward rehabilitation;(3) the likelihood that the applicant would repeat the conduct upon which the refusal is based;(4) whether the conduct on which the refusal is based involved a threat to public safety; and(5) other mitigating factors.(c) The department may combine the notice of the department's preliminary decision to seek revocation or suspension of a license or permit with the notice of an opportunity for a hearing provided in Parks and Wildlife Code §12.502. Source Note: The provisions of this §56.6 adopted to be effective November 21, 2022, 47 TexReg 7737. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 56 AGENCY DECISION TO REFUSE LICENSE OR PERMIT ISSUANCE OR RENEWAL AND AGENCY DECISION TO SUSPEND OR REVOKE AFFECTED LICENSE OR PERMIT §56.6 Review of Agency Decision to Seek Revocation or Suspension of a License or Permit https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223695&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 223695 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223695&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 223695 03/11/2026 The provisions of this chapter apply to the following types of permits and licenses.(1) Aerial Wildlife Management;(2) Alligator - all;(3) Bait Dealer - all;(4) Bait Shrimp Dealer;(5) CITES Tag Dealer - all;(6) Commercial Fishing Boat - all;(7) Commercial Mussel and Clam Fisherman - all;(8) Commercial Nongame - all;(9) Controlled Exotic Snake - all;(10) Controlled Exotic Species - all;(11) Cultivated Oyster Mariculture- all;(12) Depredation;(13) Educational Display;(14) Falconry - all;(15) Finfish Import;(16) Fish Dealer - all;(17) Fishing Guide - all;(18) Furbearing Animal - all;(19) Game Animal Breeder;(20) Game Bird Breeder - all;(21) Hunting Cooperative - all;(22) Marine Dealer, Distributor, or Manufacturer;(23) Menhaden Boat - all;(24) Nongame Fish;(25) Party Boat Operator;(26) Private Bird Hunting Area;(27) Scientific Plant Research;(28) Scientific Research;(29) Shell Buyer - all;(30) Shrimp Boat Captain - all;(31) Shrimp Offloading;(32) Wildlife Management Association Area Hunting Lease - all;(33) Wildlife Rehabilitation; and(34) Zoological. Source Note: The provisions of this §56.7 adopted to be effective November 21, 2022, 47 TexReg 7737; amended to be effective January 30, 2025, 50 TexReg 557. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 56 AGENCY DECISION TO REFUSE LICENSE OR PERMIT ISSUANCE OR RENEWAL AND AGENCY DECISION TO SUSPEND OR REVOKE AFFECTED LICENSE OR PERMIT §56.7 Permits and Licenses Affected https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210911&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210911 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210911&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210911 03/11/2026 The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Active partner--A governmental, quasi-governmental, or non-governmental organization or other entity that is currently engaged in department-coordinated efforts to monitor and/or manage controlled exotic species in Texas as authorized by a letter of approval from the Director of the Inland Fisheries Division or Coastal Fisheries Division (or their designee) of the Texas Parks and Wildlife Department, as appropriate.(2) Agent--A person designated to conduct activities on behalf of any person or permit holder who is authorized by a controlled exotic species permit or other provision of this subchapter to conduct those activities. For the purposes of this subchapter, the term 'permit holder' includes their agent.(3) Aquaculture--As defined by Agriculture Code, §134.001(4).(4) Beheaded--The complete detachment of the head (that portion of the fish from the gills to the nose; that portion of the shrimp called the carapace) from the body.(5) Biological control agent--a natural enemy or predator of a plant or animal that can be used to control the growth, spread, or deleterious impact of that plant or animal.(6) Clinical Analysis Checklist--A department-approved form specifying sampling protocols and listing certain characteristics that may constitute manifestations of shrimp disease.(7) Commercial aquaculture facility--As defined in §134.001(7) of the Texas Agriculture Code.(8) Common carrier--A person or entity that is:(A) in the business of shipping goods or products; and(B) not a party to a transaction under a permit issued under this subchapter.(9) Controlled exotic species--Any species listed in §57.112 of this title (relating to Exotic Harmful or Potentially Harmful Fish, Shellfish, and Aquatic Plants).(10) Controlled exotic species permit--Any permit issued under this subchapter that authorizes the import, export, propagation, possession, purchase, sale, and/or transport of a controlled exotic species.(11) Conveyance--Any means of transporting persons, goods, or equipment on the water.(12) Department--The Texas Parks and Wildlife Department or a designated employee of the department.(13) Director--The executive director of the Texas Parks and Wildlife Department.(14) Disease--Contagious pathogens or injurious parasites that may be a threat to the health of natural populations of aquatic organisms.(15) Disease-Free--A status, based on the results of an examination conducted by a department approved shellfish disease specialist that certifies a group of aquatic organisms as being free of disease.(16) Disease inspector--An employee of the department who is trained to perform clinical analysis of shrimp disease.(17) Disease specialist--A third-party person approved by the department that possesses the education and experience to identify shellfish disease, such as a degree in veterinary medicine or a Ph.D. specializing in shellfish disease.(18) Dock or pier--a structure built over and/or floating on water that is used to provide access to water and/or for the mooring of boats.(19) Emergency--A situation or event beyond the control of any person, including but not limited to a natural disaster, power outage, or fire.(20) Exotic shrimp exclusion zone--That part of the state that is both south of SH 21 and east of I-35, but not including Brazos County.(21) Exotic species--Any aquatic plant, fish, or shellfish not indigenous to this state.(22) Facility--Infrastructure including drainage structures at a location where controlled exotic species are possessed, propagated, cultured, or sold under a controlled exotic species permit excluding private waters permitted for triploid Grass Carp stocking in accordance with §57.116 of this title (relating to Special Provisions--Triploid Grass Carp).(23) Facility complex--A group of two or more facilities located at a common site and sharing water diversion or drainage structures.(24) Gill-cutting--Cutting through the base of the gills on the underside of the fish.(25) Manifestations of disease--Include, but are not limited to, one or more of the following: heavy or unusual predator activity, empty guts, emaciation, rostral deformity, digestive gland atrophy or necrosis, gross pathology of shell or underlying skin typical of viral infection, fragile or atypically soft shell, gill fouling, or gill discoloration.(26) Nauplius (nauplii, if plural)--A larval crustacean (phylum Arthropoda, subphylum Crustacea) having no trunk segmentation and only three pairs of appendages.(27) Post-larva (post-larvae, if plural)--A juvenile crustacean (phylum Arthropoda, subphylum Crustacea) having acquired a full complement of functional appendages.(28) Private pond--A pond or lake capable of holding exotic species of tilapia and/or triploid grass carp in confinement wholly within private land for non-commercial purposes.(29) Public water--As defined by Parks and Wildlife Code, §66.015, the bays, estuaries, and water of the Gulf of Mexico within the jurisdiction of the state, and the rivers, streams, creeks, bayous, reservoirs, lakes, and portions of those waters where public access is available without discrimination.(30) Recirculating aquaculture system--A system for culturing fish that treats or reuses all or a major portion of the water and is designed for no direct offsite discharge of water.(31) Quarantine condition--Separation of exotic shellfish from other stocks of shellfish within a facility such that neither the shellfish nor the water in which they are or were maintained comes into contact with water in the state or with other fish and/or shellfish.(32) Tilapia and triploid grass carp regulatory zones--Geographic conservation priority zones identified by the department where special provisions apply. Zone designations by county are as follows:(A) Conservation zone. The conservation zone shall include the following counties: Andrews, Archer, Armstrong, Bailey, Bandera, Baylor, Bell, Bexar, Blanco, Borden, Brewster, Briscoe, Brown, Burnet, Callahan, Carson, Castro, Childress, Clay, Cochran, Coke, Coleman, Collingsworth, Comal, Concho, Cottle, Crane, Crockett, Crosby, Culberson, Dallam, Dawson, Deaf Smith, Dickens, Donley, Ector, Edwards, El Paso, Fisher, Floyd, Foard, Gaines, Garza, Gillespie, Glasscock, Gray, Hale, Hall, Hansford, Hardeman, Hartley, Haskell, Hays, Hemphill, Hockley, Howard, Hudspeth, Hutchinson, Irion, Jeff Davis, Jones, Kendall, Kent, Kerr, Kimble, King, Kinney, Knox, Lamb, Lampasas, Lipscomb, Llano, Loving, Lubbock, Lynn, Martin, Mason, Maverick, McCulloch, Medina, Menard, Midland, Mills, Mitchell, Moore, Motley, Nolan, Ochiltree, Oldham, Parmer, Pecos, Potter, Presidio, Randall, Reagan, Real, Reeves, Roberts, Runnels, San Saba, Schleicher, Scurry, Shackelford, Sherman, Stephens, Sterling, Stonewall, Sutton, Swisher, Taylor, Terrell, Terry, Throckmorton, Tom Green, Travis, Upton, Uvalde, Val Verde, Ward, Wheeler, Wichita, Wilbarger, Williamson, Winkler, Yoakum, Young, and Zavala.(B) Stocking zone. The stocking zone shall include the following counties: Anderson, Angelina, Aransas, Atascosa, Austin, Bastrop, Bee, Bosque, Bowie, Brazoria, Brazos, Brooks, Burleson, Caldwell, Calhoun, Cameron, Camp, Cass, Chambers, Cherokee, Collin, Colorado, Comanche, Cooke, Coryell, Dallas, Delta, Denton, DeWitt, Dimmit, Duval, Eastland, Ellis, Erath, Falls, Fannin, Fayette, Fort Bend, Franklin, Freestone, Frio, Galveston, Goliad, Gonzales, Grayson, Gregg, Grimes, Guadalupe, Hamilton, Hardin, Harris, Harrison, Henderson, Hidalgo, Hill, Hood, Hopkins, Houston, Hunt, Jack, Jackson, Jasper, Jefferson, Jim Hogg, Jim Wells, Johnson, Karnes, Kaufman, Kenedy, Kleberg, La Salle, Lamar, Lavaca, Lee, Leon, Liberty, Limestone, Live Oak, Madison, Marion, Matagorda, McLennan, McMullen, Milam, Montague, Montgomery, Morris, Nacogdoches, Navarro, Newton, Nueces, Orange, Palo Pinto, Panola, Parker, Polk, Rains, Red River, Refugio, Robertson, Rockwall, Rusk, Sabine, San Augustine, San Jacinto, San Patricio, Shelby, Smith, Somervell, Starr, Tarrant, Titus, Trinity, Tyler, Upshur, Van Zandt, Victoria, Walker, Waller, Washington, Webb, Wharton, Willacy, Wilson, Wise, Wood, and Zapata.(33) Triploid grass carp--A grass carp (Ctenopharyngodon idella) that has been certified by the United States Fish and Wildlife Service as having 72 chromosomes and as being functionally sterile.(34) Waste--As defined in Water Code, §26.001(6).(35) Water in the state--As defined in Water Code, §26.001(5).(36) Wastewater treatment facility--All contiguous land and fixtures, structures, and associated infrastructure, including drainage structures used for treating wastewater pursuant to a valid permit issued by the Texas Commission on Environmental Quality.(37) Zoological facility--A zoo, aquarium, nature center, or other, similar facility that is:(A) open to the public;(B) operated for the purpose of furthering scientific understanding, encouraging management and conservation, or furthering awareness and understanding of biology; and(C) does not engage in commercial or retail activities involving animals or aquatic plants. Source Note: The provisions of this §57.111 adopted to be effective January 2, 1997, 21 TexReg 12414; amended to be effective December 29, 1997, 22 TexReg 12535; amended to be effective June 21, 1998, 23 TexReg 6507; amended to be effective July 19, 2000, 25 TexReg 6772; amended to be effective April 30, 2001, 26 TexReg 3219; amended to be effective June 29, 2005, 30 TexReg 3728; amended to be effective May 14, 2007, 32 TexReg 2665; amended to be effective August 23, 2009, 34 TexReg 5697; amended to be effective June 12, 2013, 38 TexReg 3644; amended to be effective January 27, 2021, 46 TexReg 556; amended to be effectiveNovember 21, 2022, 47 TexReg 7743. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES A HARMFUL OR POTENTIALLY HARMFUL FISH, SHELLFISH, AND AQUATIC PLANTS §57.111 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203933&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 203933 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203933&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 203933 03/11/2026 (a) The exotic species listed in this section are designated as harmful or potentially harmful, including any hybrid of a species, subspecies, eggs, juveniles, seeds, or reproductive or regenerative parts of any species.(b) Scientific reclassification or change in nomenclature of taxa at any level in taxonomic hierarchy will not, in and of itself, result in removal from the list of exotic harmful or potentially harmful species in this section.(c) The following are harmful or potentially harmful exotic species, listed alphabetically and by family:(1) Fishes.(A) Family Acestrorhynchidae (South American pike characoids)--all species of genus Acestrorhynchus;(B) Family Alestiidae (African tiger fishes)--all species of genus Hydrocynus;(C) Family Anguillidae (freshwater eels)--all species of this family except Anguilla rostrata (American eel);(D) Family Centropomidae (Nile perch)--all species of genus Lates;(E) Family Cetopsidae (whale catfishes)--all species of this family;(F) Family Characidae (dourados and piranhas):(i) Dourados--all species of genus Salminus; and(ii) Piranhas--all species of genera Catoprion, Pristobrycon, Pygocentrus, Pygopristis, and Serrasalmus;(G) Family Channidae (snakeheads)--all species of this family;(H) Family Cichlidae (tilapia)--all species of genera Coelotilapia, Coptodon Heterotilapia, Oreochromis, Pelmatolapia, Sarotherodon, and Tilapia;(I) Family Citharinidae, subfamily Distichodontinae (African lute fishes)--all species of genera Belonophago, Euganthichthys, Ichthyborus, Mesoborus, Phago, and Paraphago;(J) Family Clariidae (walking catfishes)--all species of this family;(K) Family Ctenoluciidae (South American pike characids)--all species of genera Ctenolucius and Boulengerella;(L) Family Cynodontidae (dogtooth characins: payara and vampire tetras)--all species of genera Cynodon, Hydrolycus, and Rhaphiodon;(M) Family Cyprinidae (carps and minnows):(i) Asps--all species of genera Aspius, Aspiolucius, and Pseudaspius;(ii) Old World breams--all species of genera Abramis, Blicca, Megalobrama, and Parabramis;(iii) Bighead, silver, and largescale carp--all species of genus Hypophthalmichthys;(iv) Black carp--all species of genus Mylopharyngodon;(v) Grass carp--all species of genus Ctenopharyngodon;(vi) Catla--all species of genera Cirrhinus, Thynnichthys, and Gibelion;(vii) European daces--all species of genus Leuciscus;(viii) Barbs and mahseers--all species of genera Tor and Neolissochilus;(ix) Roaches--all species of genus Rutilus;(x) Rudds--all species of genus Scardinius;(xi) Yellowcheek--all species of genus Elopichthys;(xii) Giant barb--all species of genus Catlocarpio;(xiii) Sharkminnows--all species of genus Labeo except L. chrysophekadion (black sharkminnow); and(xiv) Stone moroko--Pseudorasbora parva;(N) Family Electrophoridae (electric eels)--Electrophorus electricus (electric eel);(O) Family Erythrinidae (trahiras)--all species of this family;(P) Family Gobiidae (round gobies)--all species of genus Neogobius;(Q) Family Hepsetidae (African pike fishes)--all species of this family;(R) Family Heteropneustidae (airsac catfishes)--all species of this family;(S) Family Malapteruridae (electric catfishes)--all species of this family;(T) Family Moronidae (temperate basses)--all species of this family except Morone chrysops (white bass), M. mississippiensis (yellow bass), and M. saxatilis (striped bass), and hybrids of these species;(U) Family Odontobutidae (freshwater sleepers)--Perccottus glenii (Amur sleeper);(V) Family Osphronemidae (Asian pikeheads)--all species of genus Luciocephalus;(W) Family Osteoglossidae (arapaima)--all species of genus Arapaima;(X) Family Percichthyidae (temperate perches)--all species of this family;(Y) Family Percidae (perch):(i) Pikeperches--all species of genus Sander except S. canadensis and S. vitreus (sauger and walleye) and hybrids of these species;(ii) European ruffes--all species of genus Gymnocephalus;(iii) European perch (also called redfin)--Perca fluviatilis;(Z) Family Petromyzontidae (lampreys)--all species of this family except Ichthyomyzon castaneus (chestnut lamprey) and I. gagei (Southern brook lamprey);(AA) Family Poeciliidae (Pike Killifish)--Belonesox belizanus;(BB) Family Potamotrygonidae (freshwater stingrays)--all species of this family;(CC) Family Sciaenidae (seatrouts and corvinas)--all species of genus Cynoscion except C. arenarius (sand seatrout), C. nebulosus (spotted seatrout), and C. nothus (silver seatrout);(DD) Family Scorpaenidae (marine stonefishes)--all species of genera Choridactylus, Dampierosa, Erosa, Inimicus, Leptosynanceia, Minous, Pseudosynanceia, Synanceia, and Trachicephalus;(EE) Family Siluridae (European and Asian catfishes)--Silurus glanis (Wels catfish);(FF) Family Synbranchidae (swamp eels, rice eels, or one-gilled eels)--all species of this family; and(GG) Family Trichomycteridae (South American parasitic Candiru catfishes)--all species of this family.(2) Shellfish.(A) Family Ampullariidae (applesnails):(i) Applesnails--all species of genus Pomacea except P. bridgesi (sometimes also known as P. diffusa; spiketop applesnail); and(ii) Giant rams-horn snails--all species of genus Marisa;(B) Family Dreissenidae (zebra and quagga mussels)--all species of genus Dreissena;(C) Family Hydrobiidae (mud snails)--all species of this family;(D) Family Mytilidae (mussels)--Limnoperna fortunei (golden mussel);(E) Family Ostreidae (oysters)--all species of this family except Crassostrea rhizophorae (mangrove oyster), C. virginica (Eastern oyster), Dendostrea frons (frond oyster), Ostrea stentina (dwarf oyster), and O. permollis (sponge oyster);(F) Family Parastacidae (Southern hemisphere freshwater crayfishes, including redclaw crayfish)--all species of this family;(G) Family Penaeidae (penaeid shrimps)--all species of genera Farfantepenaeus, Fenneropenaeus, Litopenaeus, Marsupenaeus, Melicertus, and Penaeus, except Litopenaeus setiferus (white shrimp), Farfantepenaeus aztecus (brown shrimp), and F. duorarum (pink shrimp); and(H) Family Varunidae (mitten crabs)--all species of genus Eriocheir(3) Aquatic Plants.(A) Family Amaranthaceae (alligatorweed)--Alternanthera philoxeroides;(B) Family Anacardiaceae (Brazilian peppertree)--Schinus terebinthifolius;(C) Family Araceae(i) Dotted duckweed--Landoltia punctata;(ii) Waterlettuce--Pistia stratiotes;(D) Family Convolvulaceae (water spinach; also called ong choy, rau mong, and kangkong)--Ipomoea aquatica;(E) Family Haloragaceae (Eurasian watermilfoil)--Myriophyllum spicatum;(F) Family Hydrocharitaceae(i) Hydrilla--Hydrilla verticillata;(ii) African elodea (also called Lagarosiphon)--Lagarosiphon major; and(iii) Duck-lettuce--Ottelia alismoides;(G) Family Lythraceae (purple loosestrife)--Lythrum salicaria;(H) Family Menyanthaceae (floating hearts)--Nymphoides cristata (crested floating heart) and N. peltata (yellow floating heart);(I) Family Myrtaceae (paperbark, also called Melaleuca)--Melaleuca quinquenervia;(J) Family Plantaginaceae (ambulia, also called Asian marshweed)--Limnophila sessiliflora;(K) Family Poaceae (torpedograss)--Panicum repens;(L) Family Pontederiaceae(i) Water hyacinths--Eichhornia crassipes (floating water hyacinth) and E. azurea (rooted water hyacinth); and(ii) False pickerelweeds--all species of genus Monochoria;(M) Family Salviniaceae (salvinias)--all species of genus Salvinia;(N) Family Solanaceae (wetland nightshade, also called aquatic soda apple)--Solanum tampicense; and(O) Family Typhaceae (exotic bur-reed)--Sparganium erectum Source Note: The provisions of this §57.112 adopted to be effective January 27, 2021, 46 TexReg 556. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES A HARMFUL OR POTENTIALLY HARMFUL FISH, SHELLFISH, AND AQUATIC PLANTS §57.112 Exotic Harmful or Potentially Harmful Fish, Shellfish, and Aquatic Plants https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207531&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 207531 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207531&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 207531 03/11/2026 (a) Nothing in this subchapter shall be construed to relieve any person of the obligation to comply with any applicable provision of local, state, or federal law.(b) Except as provided by Parks and Wildlife Code or this subchapter, no person shall:(1) introduce into public water, possess, import, export, sell, purchase, transport, propagate, or culture any species, hybrid of a species, subspecies, eggs, seeds, or any part of any species defined as a controlled exotic species; or(2) take or possess a grass carp from public waters designated by the department where grass carp have been introduced by the department or under a permit issued by the department.(c) An active partner may be exempted from the requirement to obtain a controlled exotic species permit under this subchapter, provided they coordinate with the department to seek authorization by a letter of approval of active partner status, and provide a description of proposed engagement in department-coordinated efforts to monitor and/or manage controlled exotic species in Texas and measures to be taken to prevent introduction of controlled exotic species into public water.(d) An employee of the department in the performance of official duties is exempt from the permit requirements of this subchapter.(e) Any person may possess, import, export, sell, purchase, or transport controlled exotic species of fish or shellfish other than mussels or oysters without a permit provided they are:(1) killed by gutting, beheading, gill-cutting, or using another means;(2) frozen; or(3) packaged on ice.(f) Any person may possess, import, export, sell, purchase, or transport controlled exotic species of oysters without a permit provided they are shucked or otherwise removed from their shells.(g) No person may possess or transport live or dead controlled exotic species of mussels that are attached to or contained within any vessel, conveyance, or dock or pier except that mussels attached to or contained within a vessel may be possessed and transported if the vessel is traveling directly to a service provider for the purposes of removal of the mussels or vessel maintenance or repair after first notifying the department in writing that the vessel will be transported. Notification shall be provided at least 72 hours in advance and shall consist of:(1) expected date of transport;(2) contact information of person or entity transporting the vessel;(3) vessel registration number;(4) water body of origin;(5) service provider location and contact information; and(6) water body where the vessel will return after service.(h) A licensed retail or wholesale fish dealer is not required to have a controlled exotic species permit to purchase or possess in the licensed place of business:(1) live triploid grass carp (Ctenopharyngodon idella) or blue tilapia (Oreochromis aureus), Mozambique tilapia (O. mossambicus), Nile tilapia (O. niloticus), Wami tilapia (O. hornorum), or hybrids of these tilapia species provided that the fish dealer:(A) obtains the species from a permit holder;(B) retains a copy of each properly executed transport invoice provided by the permit holder for a period of one year following the invoice date;(C) does not propagate or culture the species; and(D) does not sell or transfer possession of the species to another person or entity unless the fish have been gutted, beheaded, gill-cut, killed using another means, packaged on ice, or frozen.(2) live Pacific blue shrimp (Litopenaeus stylirostris) or Pacific white shrimp (L. vannamei), provided that:(A) the place of business is not located within the exotic shrimp exclusion zone described in §57.111 of this title (relating to Definitions);(B) the species were obtained from a permit holder;(C) the fish dealer retains a copy of each properly executed transport invoice provided by the permit holder for a period of one year following the invoice date; and(D) the fish dealer does not sell or transfer possession of these species to another person or entity unless the shrimp are dead and packaged on ice or frozen.(i) The holder of a controlled exotic species permit may not place into public water, possess, import, export, sell, purchase, transport, propagate, or culture controlled exotic species unless authorized by permit conditions.(j) The owner or manager of a property or their agent, except as provided in subsection (k) of this section, may without a permit possess and transport for the purpose of disposal controlled exotic species of plants, mussels of the genus Dreissena, or applesnails, provided:(1) the species are physically removed from a private pond, public water adjacent to the property, or the shorelines, docks, or other waterfront infrastructure associated with the property;(2) mussels or applesnails removed are securely contained in black plastic bags prior to disposal;(3) plants removed are dried fully or securely contained in black plastic bags prior to disposal; and(4) plants are physically removed from public water under a current, approved treatment proposal in accordance with Subchapter L of this chapter (relating to Aquatic Vegetation Management).(k) A person operating a mechanical plant harvester or who otherwise physically removes controlled exotic species of plants from public water in exchange for money or anything of value must be the holder of or be listed as an authorized person on a controlled exotic species permit. Removal and disposal of controlled exotic species of plants from public water or private ponds may only be done by means authorized in the permit.(l) Governmental or quasi-governmental agencies; operators of power generation, water control or water supply facilities, or private water intakes; entities removing garbage from public water bodies; or contractors working on their behalf may without a permit, possess and transport for the purpose of disposal controlled exotic species removed during standard operations, maintenance, or testing provided they are in compliance with best management practices published by the department.(m) Any person may purchase, possess, or transport controlled exotic species of plants as hosts for biological control agents without a permit for the purpose of introduction for management of nuisance aquatic vegetation, provided that:(1) the identity of the plant species to be managed is confirmed by the department; and(2) controlled exotic species of plants are:(A) obtained from the department, a biological control facility permitted under this subchapter, or an active partner, as described in §57.111 of this title (relating to Definitions);(B) possessed and transported with a properly executed transport invoice provided by the biological control agent supplier in accordance with §57.121 of this title (relating to Transport of Live Controlled Exotic Species); and(C) for public water a permit for introduction of aquatic plants into public water for nuisance aquatic vegetation management must be obtained in accordance with Subchapter C of this chapter (relating to Introduction of Fish, Shellfish and Aquatic Plants) and Subchapter L of this title (relating to Aquatic Vegetation Management).(n) Specimens of controlled exotic species of mussels or plants may be possessed for educational purposes without a permit if prepared in the following manner:(1) mussels--fully dried or placed into alcohol, formalin, or other preservative; or(2) plants--dried and pressed as herbarium specimens or encased in plastic resin.(o) At the request of any department employee in the performance of official duties, any person, including but not limited to controlled exotic species permit holders, who is in possession of a controlled exotic species shall:(1) allow the take of or provide samples of any controlled exotic species held in possession for purposes of taxonomic or genetic identification and analysis;(2) furnish any documentation necessary to confirm controlled exotic species identity, the source of controlled exotic species, and eligibility to possess controlled species;(3) make available for inspection during normal business hours any records required by this subchapter and any retention location, facility, private pond, recirculating aquaculture system, or transportation vehicle or trailer used to conduct activities authorized under this subchapter; and(4) demonstrate that activities are conducted in compliance with the requirements of this subchapter and in such a way as to prevent escape, release, or discharge of controlled exotic species.(p) Disposition Protocols.(1) The department may prescribe, on a case by case basis, a disposition protocol for destruction, disposal, or transfer of controlled exotic species held by a person who:(A) is in possession of controlled exotic species in violation of any provision of this subchapter;(B) is refused permit renewal under the provisions of §57.124 of this title (relating to Refusal to Issue; Review of Agency Decision to Refuse Issuance); or(C) ceases or discontinues permitted or otherwise authorized activities for any other reason.(2) If the disposition protocol is not implemented within 14 days of notification by the department, the department may implement a prescribed disposition protocol.(3) In the event that a disposition protocol is implemented by the department, the person is responsible for all costs associated with the destruction, disposal, or transfer of controlled exotic species held in the facility. Source Note: The provisions of this §57.113 adopted to be effective January 27, 2021, 46 TexReg 556; amended to be effective January 18, 2022,47 TexReg 92. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES A HARMFUL OR POTENTIALLY HARMFUL FISH, SHELLFISH, AND AQUATIC PLANTS §57.113 General Provisions and Exceptions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210912&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210912 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210912&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210912 03/11/2026 (a) Water spinach Culture. Controlled exotic species facility permits may be issued for culture, transport, and sale of water spinach, in accordance with the provisions of this subchapter and §57.118 of this title (relating to Special Provisions--Water Spinach).(b) Commercial Aquaculture Facility Permits.(1) Controlled exotic species facility permits may be issued for commercial aquaculture, in accordance with the provisions of this subchapter, only for the following species:(A) Triploid grass carp (Ctenopharyngodon idella) in compliance with the provisions of §57.116 of this title (relating to Special Provisions--Triploid Grass Carp);(B) Blue tilapia (Oreochromis aureus), Mozambique tilapia (O. mossambicus), Nile tilapia (O. niloticus), Wami tilapia (O. hornorum), or hybrids of these species in compliance with the provisions of §57.115 of this title (relating to Special Provisions--Tilapia); and(C) Pacific white shrimp (Litopenaeus vannamei) or Pacific blue shrimp (L. stylirostris) in compliance with the provisions of §57.117 of this title (relating to Special Provisions--Shrimp Aquaculture and Health Certification).(2) No person may participate in commercial aquaculture activity for which a permit under this subchapter is required unless they are an authorized person on the permit or supervised by an authorized person on the permit.(c) Research. Controlled exotic species facility permits may be issued for research that benefits indigenous species or ecosystems and/or provides insight on ecology, risks, impacts, or management approaches for controlled exotic species. The sale of controlled exotic species under a research permit is prohibited unless authorized by written approval of the Director of the Coastal Fisheries Division or Inland Fisheries Division (or their designee), as applicable.(d) Biological Control Production. Controlled exotic species facility permits may be issued for purposes of production of biological control agents for management of controlled exotic species of plants.(e) Zoological Display. Permits may be issued for display of controlled exotic species in a zoological facility in accordance with the provisions of this subchapter. The sale or intentional propagation of controlled exotic species under this permit is prohibited.(f) Limited Special Purpose Permits. Permits may be issued for:(1) sale (for purposes of private pond stocking) of live triploid grass carp or tilapia purchased from a commercial aquaculture facility permit holder or lawful out-of-state source or sale by a lawful out-of-state supplier. Holding in a facility in Texas for more than 72 hours, holding in a facility that discharges, and aquaculture of these species is prohibited under this permit;(2) introduction into public water or private pond stocking of live triploid grass carp, in accordance with the provisions of this subchapter and §57.116 of this title (relating to Special Provisions--Triploid Grass Carp);(3) interstate transit of controlled exotic species;(4) possession and disposal of controlled exotic species of plants from public or private waters;(5) possession of controlled exotic species of plants for wastewater treatment by a wastewater treatment facility; and(6) possession, transport, and disposal activities not otherwise authorized by the provisions of §57.113 of this title (relating to General Provisions and Exceptions). Source Note: The provisions of this §57.114 adopted to be effective January 27, 2021, 46 TexReg 556; amended to be effective November 21, 2022, 47 TexReg 7743. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES A HARMFUL OR POTENTIALLY HARMFUL FISH, SHELLFISH, AND AQUATIC PLANTS §57.114 Controlled Exotic Species Permits https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203936&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 203936 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203936&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 203936 03/11/2026 (a) Except as provided in this section or the provisions of §57.113 of this title (relating to General Provisions and Exceptions), no person may possess, import, export, sell, purchase, transport, propagate, or culture, or offer to import, export, sell, purchase, or transport tilapia unless the person is the holder of a valid controlled exotic species permit and is in compliance with the terms of the permit.(b) Private ponds stocked with tilapia shall be designed and maintained such that escape, release, or discharge of tilapia from the pond into public water is not likely to occur.(c) Non-commercial aquaculture. No permit is required under this subchapter to purchase, possess, transport, or propagate blue tilapia (O. aureus), Mozambique tilapia (O. mossambicus), Nile tilapia (O. niloticus), Wami tilapia (O. hornorum), and hybrids between these species for non-commercial (i.e., no sale) aquaculture purposes provided that:(1) Live tilapia purchased in accordance with the provisions of this subchapter are transported to the aquaculture location in accordance with §57.121 of this title (relating to Transport of Live Controlled Exotic Species);(2) Tilapia are not sold, offered for sale, or exchanged for money or anything of value;(3) Tilapia are possessed solely in a recirculating aquaculture system constructed such that:(A) escape, release, or discharge of tilapia into public water is not likely to occur; and(B) no discharge of wastewater or waste into or adjacent to water in the state is likely to occur;(4) Adequate security measures are in place to prevent unauthorized removal of tilapia; and(5) Tilapia are killed in accordance with the provisions of §57.113(e) of this title prior to being transferred to another person or disposed.(d) Stocking in private ponds.(1) No person holding tilapia in a private pond may sell, offer for sale, or exchange tilapia for money or anything of value.(2) Upon reclassification of any county in the stocking zone to conservation zone, the conservation zone provisions shall apply to all future stockings in that county.(3) Conservation zone provisions. Prior to stocking tilapia into a private pond in the conservation zone, the landowner or their agent must obtain written approval from the department.(A) Approval shall be requested by completing and submitting a department form at least 30 days prior to the intended stocking. The request shall contain the following information, legibly written:(i) the name, address, and phone number of the person requesting approval;(ii) the specific address or coordinates of the location of the private pond;(iii) a map of the location with the pond clearly marked; and(iv) the proposed date and purpose of introduction.(B) The department may provide approval for stocking of blue tilapia (O. aureus), Mozambique tilapia (O. mossambicus), Nile tilapia (O. niloticus), Wami tilapia (O. hornorum), or hybrids between these species into a private pond in the conservation zone upon finding that the private pond is compliant with the provisions of subsection (b) of this section and does not pose a significant risk to species designated as endangered, threatened, or a Species of Greatest Conservation Need.(C) Written approval provided by the department for stocking of tilapia into a private pond in the conservation zone is specific to the pond for which approval was granted and is transferrable with the sale of the property. Written approval shall not expire or require renewal provided that the pond is not modified in any way that could result in increased risk of escape, release, or discharge of controlled exotic species into public water.(4) Stocking zone provisions. In the stocking zone no authorization or permit is required under this subchapter to purchase, possess, transport, or stock into a private pond blue tilapia (O. aureus), Mozambique tilapia (O. mossambicus), Nile tilapia (O. niloticus), Wami tilapia (O. hornorum), or hybrids between these species provided that the private pond is compliant with the provisions of subsection (b) of this section.(5) Tilapia stocked in a private pond must be killed in accordance with the provisions of §57.113(e) of this title prior to being transported or transferred to another person.(6) A person in possession of live tilapia stocked in a private pond must possess and retain an exotic species transport invoice provided by the seller as described in §57.121 of this title for a period of one year from the date the tilapia were obtained or as long as the tilapia are in the water, whichever is longer.(e) Commercial sale of tilapia for pond stocking. No tilapia may be stocked in or provided for the purpose of stocking into private ponds within the conservation zone without the landowner or their agent first obtaining written approval from the department as described in subsection (d) of this section. Source Note: The provisions of this §57.115 adopted to be effective January 27, 2021, 46 TexReg 556. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES A HARMFUL OR POTENTIALLY HARMFUL FISH, SHELLFISH, AND AQUATIC PLANTS §57.115 Special Provisions--Tilapia https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207530&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 207530 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207530&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 207530 03/11/2026 (a) The department may issue a permit for introduction of triploid grass carp into public water after finding that the introduction is not likely to affect threatened or endangered species or interfere with specific management objectives for other important species or habitats.(b) The department may issue a permit for stocking of triploid grass carp in a private pond after finding that the triploid grass carp are not likely to escape from the pond into public waters in violation of Parks and Wildlife Code, §66.015, and that the stocking is not likely to affect threatened or endangered species or interfere with specific management objectives for other important species or habitats.(c) An applicant for a triploid grass carp permit for private pond stocking shall, upon request, allow inspection of their ponds or lakes by an employee of the department during normal business hours for the purposes of evaluating whether the private pond meets the criteria for permit issuance.(d) Except as otherwise approved by the department, the triploid grass carp stocking rate authorized by a permit shall be determined by consideration of the surface area of the water body to be stocked and the extent of the aquatic vegetation to be managed.(e) Triploid grass carp may be purchased or obtained only from:(1) the holder of a valid controlled exotic species permit that authorizes the sale of triploid grass carp; or(2) directly from any lawful out-of-state source.(f) The department is authorized to introduce triploid grass carp into public water in situations where the department has determined that there is a management need, and when stocking will not affect threatened or endangered species or other important species or habitats.(g) Stocking in private ponds.(1) Private ponds stocked with triploid grass carp shall be designed and maintained such that escape, release, or discharge of triploid grass carp from the private pond into public water is not likely to occur.(2) Prior to stocking of triploid grass carp into a private pond, the landowner or their agent must obtain a permit for stocking of live triploid grass carp.(3) A permit for stocking of triploid grass carp into private ponds is specific to the pond or ponds for which it is issued and shall remain valid for a period of 36 months from the date of issuance. All stocking must take place within the period of permit validity established by this paragraph.(4) No person holding triploid grass carp in a private pond may sell, offer for sale, or exchange triploid grass carp for money or anything of value.(5) Upon reclassification of any county in the conservation zone to stocking zone, the stocking zone provisions shall apply to all future stockings in that county. Zones are as defined in §57.111 of this title (relating to Definitions).(6) Within the stocking zone, permit applications requesting ten or fewer triploid grass carp require administrative review only. The application shall be submitted at least 14 days prior to the intended stocking.(7) A person in possession of live triploid grass carp stocked in a private pond must possess and retain for a period of one year from the date the grass carp were obtained or as long as the grass carp are in the water, whichever is longer:(A) an exotic species transport invoice as described in §57.121 of this title (relating to Transport of Live Controlled Exotic Species) or an aquatic product transport invoice from a lawful out-of-state source in compliance with Parks and Wildlife Code, §47.0181; and(B) documentation that the grass carp have been certified as triploid by the Grass Carp Inspection and Certification Inspection Program operated by the U.S. Fish and Wildlife Service.(8) A person in possession of live triploid grass carp shall provide the documentation required by paragraph (7) of this subsection to the new property owner upon change of ownership of the property as proof of lawful possession of triploid grass carp. Possession of the documentation described in paragraph (7) of this subsection shall be maintained so long as a person possesses any live triploid grass carp.(9) Except as provided in paragraph (8) of this subsection, triploid grass carp stocked in a private pond must be killed in accordance with the provisions of §57.113 of this title (relating to General Provisions and Exceptions) prior to being transported or transferred to another person.(10) A person in possession of live triploid grass carp may not modify the pond or ponds for which stocking was permitted in any way that could result in increased risk of escape, release, or discharge of controlled exotic species into public water. Source Note: The provisions of this §57.116 adopted to be effective January 27, 2021, 46 TexReg 556; amended to be effective January 18, 2022, 47 TexReg 92. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES A HARMFUL OR POTENTIALLY HARMFUL FISH, SHELLFISH, AND AQUATIC PLANTS §57.116 Special Provisions--Triploid Grass Carp https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203938&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 203938 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203938&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 203938 03/11/2026 (a) Any facility containing controlled exotic species of shrimp shall be capable of placing stocks into quarantine condition.(b) A facility containing live Pacific blue shrimp (Litopenaeus stylirostris) must be located outside the exotic shrimp exclusion zone.(c) All disease-free certification of controlled exotic species of shrimp must be conducted by a disease specialist.(d) Any person importing live controlled exotic species of shrimp must, prior to importation:(1) provide documentation to the department that the controlled exotic species of shrimp to be imported have been certified as disease-free; and(2) receive written acknowledgment from the department that the requirements of for demonstrating disease-free status have been met.(e) Any person in possession of controlled exotic species of shrimp for the purpose of production of post-larvae must provide to the department monthly documentation that nauplii and post-larvae have been examined and are certified to be disease-free. If monthly certification cannot be provided, the shrimp must be maintained in quarantine condition until the department acknowledges in writing that the requirements for demonstrating stock is disease-free or conditions specified in writing by the department under which the quarantine condition can be removed have been met.(f) Any person who possesses controlled exotic species of shrimp in a facility regulated under this subchapter who observes one or more of the manifestations of diseases of concern listed on the clinical analysis checklist provided by the department shall place the entire facility under quarantine condition immediately, notify the department, and:(1) request an inspection from a disease inspector; or(2) submit samples of the affected shrimp to a disease specialist for analysis and forward results of such analyses to the department upon receipt.(g) No more than 14 days prior to harvesting ponds or discharging any waste into or adjacent to water in the state, the permit holder shall:(1) request an inspection from a disease inspector; or(2) submit samples of the shrimp from each pond or other structure containing such shrimp to a disease specialist for analysis and submit the results of such analyses to the department upon receipt, using the clinical analysis checklist.(h) Upon receiving a request for an inspection from a permit holder, a disease inspector may visit the facility, examine samples of shrimp from each pond or other structure from which waste will be discharged or harvest will occur, complete the clinical analysis checklist provided by the department, sample shrimp from or inspect any pond or structure the disease inspector determines requires further investigation, and provide a copy of the clinical analysis checklist and any other inspection reports to the permit holder.(i) If the results of an inspection performed by a disease inspector indicate the presence of one or more manifestations of disease, the permit holder shall immediately place or continue to maintain the entire facility under quarantine condition and submit samples of the controlled exotic species of shrimp from the affected portion(s) of the facility to a disease specialist for analysis. Results of such analyses shall be forwarded to the department upon receipt.(j) If the results of analyses performed by a disease specialist under subsection (g)(2) of this section indicate the presence of disease, the permit holder shall immediately place the entire facility under quarantine condition.(k) If the results of inspections or analyses of controlled exotic species of shrimp from a facility placed under quarantine condition indicate the presence of disease, the facility shall remain under quarantine condition until the department removes the quarantine condition in writing or authorizes in writing other actions deemed appropriate by the department based on the required analyses.(l) If the results of inspections or analyses performed under subsection (g) of this section indicate the absence of any manifestations of disease, the permit holder may begin discharging from the facility. Source Note: The provisions of this §57.117 adopted to be effective January 27, 2021, 46 TexReg 556. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES A HARMFUL OR POTENTIALLY HARMFUL FISH, SHELLFISH, AND AQUATIC PLANTS §57.117 Special Provisions--Shrimp Aquaculture and Health Certification https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203939&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 203939 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203939&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 203939 03/11/2026 (a) Except as authorized by a permit issued under this section, or otherwise provided by this section, no person may:(1) culture water spinach; or(2) possess or transport water spinach in exchange for or with the intent to exchange for money or anything of value.(b) No permit issued under this section is required to purchase or possess water spinach for personal consumption, provided the water spinach was lawfully purchased or obtained and is not propagated or cultured.(c) No permit issued under this section is required to purchase or obtain water spinach for sale or re-sale, provided:(1) the water spinach is purchased or obtained from a controlled exotic species permit holder authorized for culture and sale of water spinach or a lawful out-of-state source;(2) copies of all invoices and receipts are retained for a period of one year following the date of purchase or receipt;(3) the water spinach is sold or transferred directly to a consumer (defined as a person purchasing or obtaining water spinach for personal consumption); and(4) water spinach that is not sold, transferred or consumed is disposed of in such a manner as to prevent the dispersal of water spinach beyond the establishment or location where it is sold or stored.(d) For a facility where water spinach is cultured:(1) culture shall take place only in enclosed greenhouses;(2) a copy of the permit shall be prominently displayed at the facility for which it was issued;(3) all water spinach plants within the facility must be free of flowers and seeds at all times;(4) propagation shall be by cuttings only and propagation using seeds is prohibited;(5) water spinach shall be grown in only in moist soil and culture in aqueous media is prohibited;(6) all equipment used in the cultivation of water spinach must be cleaned of all vegetation prior to being removed from a facility.(7) a buffer area void of all plants, with the exception of mature woody vegetation, shall be created and maintained around the perimeter of all areas where water spinach is cultured, handled, packed, processed, stored, shipped, or disposed. The width of the buffer area shall be at least 10 feet unless the department grants a modification of buffer width based on the location of greenhouses;(8) the greenhouse shall be maintained at all times in such a way as to prevent escape or release of water spinach and the department shall be notified if facility repairs are necessary; and(9) satisfactorily demonstrate to the department, during annual facility inspections that activities authorized under this subchapter are conducted in compliance with the requirements of this subchapter and the facility is maintained in such a way as to prevent escape or release of water spinach.(e) Packaging. All water spinach transported from a facility including water spinach transported under an interstate transport authorization shall be:(1) packaged in a closed or sealed container having a volume no greater than three cubic feet and may not be mixed or commingled with any other material or substance; and(2) identified such that each container of water spinach shall have a label placed on the outside of the container. The label must be clearly visible and shall bear the legend "Water Spinach" in English.(f) Processing. All handling and packaging of water spinach must be done at the permitted facility within the buffer area. All water spinach fragments must be collected and disposed as described in subsection (k) of this section.(g) Transport invoice. The permit holder shall generate a transport invoice for each sale or transfer of water spinach. Except as provided by subsection (h) of this section, no person may remove water spinach from a permitted facility unless the water spinach is accompanied by a separate transport invoice for each receiver. The transport invoice required by this section shall contain the following information, legibly written:(1) a unique transport invoice number;(2) the date of shipment;(3) the name, address and phone number of the permit holder;(4) the name, address, and phone number of the common carrier, if a common carrier is used to transport the water spinach;(5) the name, address and phone number of the person receiving the water spinach; and(6) the controlled exotic species permit number of the permit holder and receiver, as applicable.(h) Transport log. A permit holder may transport water spinach to and from a permitted facility for the purposes of sale without first generating individual transport invoices provided the permit holder:(1) generates a water spinach transport invoice for each receiver at the time the water spinach is delivered; and(2) maintains and possesses a current and accurate daily transport log at all times during transport. The water spinach transport log required by this section shall be on a department form and shall contain the following information, legibly written, for each sale:(A) the date and time of shipment;(B) the name, address, phone number, and exotic species permit number of the permit holder;(C) the number of boxes of water spinach in possession at the time transport is commenced from the facility;(D) for each delivery or acquisition of water spinach:(i) the water spinach transport invoice number for each transfer of water spinach to or from the permit holder;(ii) receiver/supplier's name, address, and phone number;(iii) type of transfer-delivery or receipt; and(iv) the number of boxes of water spinach transferred; and.(E) the number of boxes of water spinach in possession upon return to the facility.(i) Recordkeeping. A copy of each daily transport log, if applicable, or transport invoice must be retained for a period of one year following the date of purchase or receipt. If water spinach is purchased or obtained from a lawful source outside the state, a copy of the receipt and documentation of lawful sale, if applicable, must be retained for a period of one year following the date of purchase or receipt. All records required by this section shall promptly be provided upon request during normal business hours to any department employee acting within the scope of official duties.(j) Reporting. A person permitted under this section to grow water spinach shall submit quarterly reports to the department on a form supplied by the department. The quarterly reports required by this subsection shall be submitted by March 15, June 15, September 15, and December 15 of each year and must be submitted even if no sales occurred during the quarter.(k) Escape or release prevention, notification, and emergency plan implementation.(1) The permit holder shall not allow water spinach to escape from a facility or be released or spread outside the facility during cultivation, handling, packaging, processing, storage, shipping, or disposal.(2) The use of water spinach to feed animals is prohibited.(3) Water spinach that is not sold, transferred, or consumed and all fragments of water spinach not growing in soil or packaged must be placed into a secure container until packaged or transported to a secure waste or compost bin and composted, dried fully, or placed into black plastic bags prior to disposal.(4) The holder of a permit issued under this subchapter shall notify the department within 72 hours of discovering the escape or release of water spinach from their facility or during transport.(5) In the event that a facility subject to a permit issued under this section appears to be in imminent danger of flooding or other circumstance that could result in the escape or release of water spinach, the permit holder shall:(A) immediately begin implementation of emergency measures to prevent the escape or release of water spinach; and(B) notify the department of implementation of emergency measures in accordance with permit provisions.(6) In the event that water spinach escapes or is released from a greenhouse or a facility, the facility permit holder is responsible for all costs associated with the detection, control, and eradication of free-growing water spinach resulting from such escape or release and subsequent dispersal. Water spinach growing outside a greenhouse is considered to be escaped.(l) Disposition of water spinach cultured without a permit. In the event that any facility is found to be culturing water spinach without a permit or following a decision by the department to refuse issuance or renewal of a permit, the department may prescribe a disposition protocol in accordance with §57.113 of this title (relating to General Provisions and Exceptions). Source Note: The provisions of this §57.118 adopted to be effective January 27, 2021, 46 TexReg 556. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES A HARMFUL OR POTENTIALLY HARMFUL FISH, SHELLFISH, AND AQUATIC PLANTS §57.118 Special Provisions--Water Spinach https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203940&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 203940 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203940&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 203940 03/11/2026 (a) General facility requirements.(1) Unless specifically provided otherwise under this subchapter or the conditions of a permit issued under this subchapter, a facility operating under a controlled exotic species permit shall:(A) prominently display a copy of the permit at the facility for which it was issued;(B) be maintained in compliance with the standards set forth in this section at all times unless the department has been notified that facility repairs are necessary;(C) satisfactorily demonstrate to the department at intervals of no more than five years, unless longer intervals are approved by the department based on systematic risk analysis, that activities authorized under this subchapter are conducted in compliance with the requirements of this subchapter and the facility is maintained in such a way as to prevent escape, release, or discharge of controlled exotic species; and(D) train staff on permit conditions and requirements and ensure staff are prepared to implement the facility's department-approved emergency plan to prevent escape, release, or discharge of controlled exotic species into public water during a natural disaster such as a hurricane or flood.(2) For limited special purpose permit holders who purchase, transport, and sell controlled exotic species for stocking in private ponds, a facility is not required. Required records shall be made available to department staff for inspection during normal business hours within 72 hours following a request by the department.(3) Any facility containing controlled exotic species shall have security measures in place to minimize to the extent practicable the risk of unauthorized removal of controlled exotic species.(4) The department may prescribe additional security measures as a condition of a permit upon determining that the facility requirements described in this section are not feasible or may not be sufficient to minimize risk of escape, release, or discharge or impacts to native species and ecosystems.(b) Water spinach culture facility requirements. Water spinach culture facility requirements are described in §57.118 of this title (relating to Special Provisions--Water Spinach).(c) Commercial aquaculture facility requirements.(1) A facility holding controlled exotic species shall be designed to prevent escape, release, or discharge of controlled exotic species or unauthorized discharge of wastewater by means of appropriately designed and constructed screens, barriers, filters, recirculating aquaculture systems, or other methods that are approved by the department. All screens, barriers, or other approved devices intended to prevent escape, release, or discharge as required under this section shall be specified in the conditions of the permit and must be properly maintained at all times.(2) If the facility employs screens to comply with the provisions of this section:(A) screens must have a mesh size that is capable of preventing the passage of controlled exotic species at the smallest life stage present in the facility at the time of discharge;(B) screens must be redundant or otherwise designed and constructed such that the level of protection against escape, release, or discharge of controlled exotic species is not reduced if a screen is damaged or must be removed to accomplish cleaning, repair, or other maintenance; and(C) wastewater discharged from the facility must be routed through all screens in accordance with department approval prior to the point where wastewater leaves the facility.(3) In addition to any other requirements of this subchapter, any portion of a facility that is to contain controlled exotic species and is located within the 100-year flood plain (referred to as Zone A on the National Flood Insurance Program Flood Insurance Rate Map) must be elevated above the 100-year floodplain or enclosed within an earthen or concrete dike or levee constructed in such a manner as to exclude all flood waters. No section of the crest of the dike or levee or building foundation, as applicable, may be less than one foot above the 100-year flood elevation. Dike and levee design and construction must be approved by the department.(4) Facility Complex. For a facility that is part of a facility complex, the following additional facility standards apply:(A) For a facility complex with a common drainage, each permit holder shall:(i) maintain at least one screen or barrier capable of preventing the escape, release, or discharge of controlled exotic species into a common drainage; and(ii) have authority to stop the discharge of wastewater from the entire complex in the event of escape, release, or discharge of controlled exotic species from the permit holder's facility.(B) In addition to any other requirements of this subchapter, a permit holder whose facility is part of a facility complex shall ensure the installation of signage that clearly identifies each pond or other component of the permit holder's facility. Signage required by this section must:(i) be legible;(ii) bear the name and permit number of the permit holder;(iii) be within 10 feet of the authorized pond or other facility component; and(iv) correspond to the location of the pond or other facility component as indicated on the map provided to the department as required by §57.122 of this title (relating to Permit Application, Issuance, and Period of Validity). Source Note: The provisions of this §57.119 adopted to be effective January 27, 2021, 46 TexReg 556. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES A HARMFUL OR POTENTIALLY HARMFUL FISH, SHELLFISH, AND AQUATIC PLANTS §57.119 Minimum Facility Requirements https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203941&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 203941 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203941&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 203941 03/11/2026 (a) An applicant for an initial exotic species permit must provide the following:(1) written documentation demonstrating that the applicant possesses the appropriate valid wastewater discharge authorization or has received an exemption from the Texas Commission on Environmental Quality; or(2) adequate documentation to demonstrate that the facility is designed and will be operated in a manner such that no discharge of waste into or adjacent to water in the state will, or is likely to occur.(b) If the facility or facility complex is designed such that a discharge of waste into or adjacent to water in the state will, or is likely to occur, an applicant for an amendment or a renewal of an exotic species permit must provide written documentation demonstrating that the applicant possesses or has timely applied for and is pursuing the appropriate wastewater discharge authorization or exemption from the TCEQ in accordance with the Texas Pollutant Discharge Elimination System (TPDES) General Permit for concentrated aquatic animal production facilities TXG 130000.(c) An exotic species permittee whose wastewater discharge authorization or exemption is revoked, suspended or annulled by the TCEQ will be treated as an applicant for an initial permit under subsection (a) of this section.(d) An applicant for a permit for controlled exotic species of plants is not required to obtain a permit from the TCEQ for the purposes of this section. Source Note: The provisions of this §57.120 adopted to be effective January 27, 2021, 46 TexReg 556. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES A HARMFUL OR POTENTIALLY HARMFUL FISH, SHELLFISH, AND AQUATIC PLANTS §57.120 Wastewater Discharge Authority https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203942&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 203942 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203942&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 203942 03/11/2026 (a) Except as provided in §57.113 of this title (relating to General Provisions and Exceptions), no person may transport live controlled exotic species, except for:(1) a person who is a controlled exotic species permit holder, an employee of the permit holder, or a common carrier acting on their behalf and in possession of:(A) for permit holders or their employees, a copy of a valid permit issued under this subchapter; and(B) a properly executed transport invoice; and(C) for triploid grass carp, documentation that the grass carp have been certified as triploid by the Grass Carp Inspection and Certification Inspection Program operated by the U.S. Fish and Wildlife Service.(2) private pond owners transporting tilapia or triploid grass carp to a private pond for stocking purposes in possession of:(A) a properly executed transport invoice if obtained from a permit holder; or(B) an aquatic product transport invoice in compliance with Parks and Wildlife Code, §47.0181 if obtained from a lawful out-of-state source; and(C) for triploid grass carp, a copy of the permit for stocking triploid grass carp.(3) a common carrier, provided that the shipment is:(A) transported by aircraft from a point outside the state of Texas to a destination outside of the state of Texas;(B) is not moved overland within the state of Texas; and(C) is accompanied at all times by documentation of compliance with all applicable local source and destination, federal, and international regulations and statutes.(4) a common carrier, provided the shipment is accompanied at all times by:(A) a properly executed transport invoice generated by a controlled exotic species permit holder as described in subsection (c) of this section; or(B) for triploid grass carp obtained from a lawful out-of-state source transported to a private pond for the purpose of stocking under a permit issued in accordance with §57.116 of this title (relating to Special Provisions--Triploid Grass Carp):(i) a copy of the permit for stocking of triploid grass carp;(ii) an aquatic product transport invoice in compliance with Parks and Wildlife Code, §47.0181; and(iii) documentation that the grass carp have been certified as triploid by the Grass Carp Inspection and Certification Inspection Program operated by the U.S. Fish and Wildlife Service.(b) Water spinach transport. Water spinach transport requirements are described in §57.118 of this title (relating to Special Provisions--Water Spinach).(c) Transport invoice.(1) A separate transport invoice shall be generated by the controlled exotic species permit holder for each delivery location in advance of transport except as provided in §57.118 of this title and shall accompany the controlled exotic species during transit.(2) A transport invoice shall contain the following information, legibly written:(A) date of shipment;(B) for the controlled exotic species permit holder from whom the controlled exotic species was obtained:(i) name;(ii) facility address;(iii) phone number; and(iv) controlled exotic species permit number, if applicable;(C) for the person or entity to whom the controlled exotic species is being transported:(i) name;(ii) physical address including county where the controlled exotic species will be possessed if different from the mailing address (not a post office box);(iii) phone number; and(iv) controlled exotic species permit number, if applicable;(D) species being transported--for each species listed on the transport invoice, provide:(i) the common and scientific names as they appear on the controlled exotic species permit; and(ii) the number or weight, by size class; and(E) type of transport--import, export, or intrastate (within Texas)(d) Interstate transit.(1) The holder of a controlled exotic species special purpose permit for interstate transit may transport live or viable controlled exotic species from a point outside of Texas via a route through Texas to another point outside of Texas in accordance with this subsection.(2) The department may issue a transit permit that is valid for a single use or for a period of one year. Permits issued for one year shall expire on December 31.(3) An annual or single-use transit permit may be obtained by completing and submitting an application on a department form and payment of the fee as specified in §53.15 of this title (relating to Miscellaneous Fisheries and Wildlife Licenses and Permits). The initial application for a transit permit shall be submitted at least 30 days prior to any intended transit activity.(4) A person transporting controlled exotic species under the provisions of this subsection shall physically possess a copy of the transit permit at all times during transit and be able to provide documentation accounting for all controlled exotic species being transported.(5) A person transporting controlled exotic species under a transit permit shall ensure that:(A) controlled exotic species are securely contained at all times;(B) controlled exotic species are not offloaded or transferred; and(C) the department is notified immediately following any incident resulting in inadvertent escape, release, or discharge of controlled exotic species from containment, in accordance with permit provisions.(6) For each intended transit, a notice shall be submitted on a department form. The completed notice form shall be submitted with the initial application for a single-use transit permit and at least 24 hours prior to any each intended transit under an annual transit permit. All notices must include:(A) the dates and times that the permit holder expects to enter and depart the state of Texas while in possession of controlled exotic species;(B) the common and scientific names of each controlled exotic species to be transported;(C) the quantity (volumetric, number, weight, or other measurement convention) of each controlled exotic species being transported;(D) the specific points of origin and destination of each controlled exotic species being transported;(E) the specific route the transport will follow, including the locations where the transporter will enter and depart the state of Texas;(F) a description of the make, model, and color of the vehicle, trailer, or other conveyance to be employed in transport and license plate numbers; and(G) the name, driver's license number, and contact numbers of the driver or contact information for the commercial shipper transporting the controlled exotic species through the state of Texas. Source Note: The provisions of this §57.121 adopted to be effective January 27, 2021, 46 TexReg 556. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES A HARMFUL OR POTENTIALLY HARMFUL FISH, SHELLFISH, AND AQUATIC PLANTS §57.121 Transport of Live Controlled Exotic Species https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206806&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 206806 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206806&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 206806 03/11/2026 (a) Interstate transit permits. Interstate transit permit application, issuance, and period of validity are described in §57.121 of this title (relating to Transport of Live Controlled Exotic Species).(b) Permit application.(1) Submission deadline. An initial application for any permit under this subchapter shall be submitted at least 30 days prior to any prospective activity involving controlled exotic species.(2) General requirements. An applicant for any permit under this subchapter shall submit:(A) Application--a completed and signed application for the appropriate permit on a form supplied by the department;(B) Applicant information--Texas driver's license or identification number, Social Security number, and date of birth for the applicant and each manager or other person who is to supervise permitted activities;(C) Additional required documentation--as described in subsection (3) of this section or otherwise specified by this subchapter; and(D) Fees--the appropriate fee specified in §53.15 of this title (relating to Miscellaneous Fisheries and Wildlife Licenses and Permits), except that fees shall be waived for:(i) public school educational programs meeting the conditions in Parks and Wildlife Code, §66.007(c-1) provided that the applicant submits a written request for a fee waiver, including course descriptions or curriculum demonstrating controlled exotic species will be part of an educational program that includes tilapia aquaculture and hydroponics.(ii) physical removal of controlled exotic species of plants from public water in accordance with an approved treatment proposal in accordance with §57.932 of this title (relating to State Aquatic Vegetation Plan).(iii) stocking triploid grass carp in public water.(3) Additional documentation requirements.(A) Required licenses. Applicants for limited special purpose permits for private pond stocking shall submit a copy of a retail or wholesale dealer's license, as applicable, in accordance with Parks and Wildlife Code, Chapter 47.(B) Wastewater discharge authorization. Applicants for commercial aquaculture facility permits shall submit documentation required by §57.120 of this title (relating to Facility Wastewater Discharge Requirements).(C) Nuisance Aquatic Vegetation treatment proposal. Applicants for a permit to possess, transport, and dispose controlled exotic species of plants shall also submit a treatment proposal on a department form in accordance with §57.932 of this title that includes maps showing the location where plant removal and/or disposal is to occur and routes from the removal location to the location for disposal of controlled exotic species of plants.(D) Facility map. Applicants for commercial aquaculture facility permits, biological control production permits, zoological display or research permits with outdoor holding facilities, or limited special purpose permits for wastewater treatment shall submit an accurate map or aerial photograph of the facility location with the initial application. For facilities located within the 100-year flood plain, a professionally surveyed map may be required by the department. Maps shall be clearly labeled to indicate, at a minimum, the location of:(i) any facility ponds, greenhouses, recirculating aquaculture systems or other infrastructure used to possess, propagate, culture, or transport controlled exotic species;(ii) all drainage routes and structures, including adjacent ditches or natural drainage features;(iii) all points at which water, wastewater, or waste is capable of being discharged or else noting that the facility does not discharge; and(iv) all screens, barriers, or other structures that are intended or serve to prevent escape, release, discharge, or unauthorized removal of controlled exotic species.(E) Emergency plan. Applicants for commercial aquaculture facility permits, water spinach culture facility permits, research permits (when live controlled exotic species are possessed), zoological display permits, and biological control production permits shall submit a written emergency plan, on the appropriate department form, demonstrating that the applicant has identified measures sufficient to prevent escape, release, or discharge of controlled exotic species into public water during a natural event such as a hurricane or flood. Approved emergency plan shall be posted and maintained on file at the facility.(F) Research proposal and researcher qualifications. An applicant for a permit to conduct scientific research involving controlled exotic species shall also submit a research proposal and documentation of applicant qualifications to conduct controlled exotic species research.(G) Biological control production plan. An applicant for a permit to culture controlled exotic species of plants as hosts for the purposes of production of biological control agents shall also submit a written production plan statement to include, at a minimum:(i) the proposed number of biological control agents, if any, to be collected from public waters each year;(ii) the expected production of the controlled exotic species of plants in acres or square feet; and(iii) the intended use of the biological control agents including water bodies where the biological control agents may be introduced.(c) Permit issuance. The department will not issue a permit under this subchapter for any purpose until:(1) the application and additional documentation required by this section are determined to be adequate and complete;(2) fees have been submitted, if applicable;(3) facility has been inspected and approved in accordance with the requirements of §57.119 of this title (relating to Minimum Facility Requirements), if applicable; and(4) the department has determined that the prospective activity is consistent with the department's management policies and goals and will not detrimentally affect threatened or endangered species or their habitat or affect existing biological ecosystems.(d) Period of validity. Unless otherwise provided in this subchapter, a controlled exotic species permit issued under this subchapter is valid from the date of issuance until December 31 of the year of issuance, except that a permit to physically remove controlled exotic plants from public water in accordance with an approved vegetation treatment proposal shall have the same period of validity as the vegetation treatment proposal, as specified in the guidance document required by §57.932 of this title. Source Note: The provisions of this §57.122 adopted to be effective January 27, 2021, 46 TexReg 556; amended to be effective November 22, 2021, 46 TexReg 7893. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES A HARMFUL OR POTENTIALLY HARMFUL FISH, SHELLFISH, AND AQUATIC PLANTS §57.122 Permit Application, Issuance, and Period of Validity https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203944&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 203944 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203944&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 203944 03/11/2026 (a) A permit issued under this subchapter for a specific facility is valid only for the site named on the permit and may not be amended to authorize any other facility.(b) A permit must be amended and the permit holder must receive the amended permit prior to any of the following actions on the part of the permit holder:(1) obtaining species or subspecies of controlled exotic species requested for addition to the amended permit;(2) transferring managerial or supervisory responsibilities to a person other than the current permit holder;(3) changing methods of preventing discharge of wastewater; or(4) changing methods of preventing escape, discharge, or release of controlled exotic species.(c) A permit issued under this subchapter may be amended or renewed upon a finding by the department that the applicant has:(1) submitted a written request for permit amendment or renewal application on a department form prior to the expiration date of the current permit at least 7 days prior to transfer of managerial or supervisory responsibilities to a new person;(2) submitted the appropriate fee if required by the department, including inspection fee for facility modifications as specified in §53.15 of this title (relating to Miscellaneous Fisheries and Wildlife Licenses and Permits);(3) has complied with all permit provisions; and(4) met the requirements of §57.119 of this title (relating to Minimum Facility Requirements), if applicable, and/or demonstrate that the facility and demonstrated that the facility is operated and maintained in a manner such that no escape, release, or discharge of controlled exotic species into public water or into facility ponds or drainage structures not meeting minimum facility requirements will or is likely to occur.(d) A Commercial aquaculture facility permit issued under this subchapter may be renewed for a period at the request of the permit holder of:(1) one permit year upon a finding by the department that the applicant and facility have complied with all provisions of this subchapter for a period of at least an entire permit year;(2) three permit years upon a finding by the department that the applicant and facility have complied with all provisions of this subchapter and maintained a permit for a period of at least three entire consecutive permit years; or(3) five permit years upon a finding that the applicant and the facility have complied with all provisions of this subchapter for a period of at least five entire consecutive permit years. Source Note: The provisions of this §57.123 adopted to be effective January 27, 2021, 46 TexReg 556. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES A HARMFUL OR POTENTIALLY HARMFUL FISH, SHELLFISH, AND AQUATIC PLANTS §57.123 Permit Amendment and Renewal https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211058&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 211058 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211058&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 211058 03/11/2026 In addition to the provisions of Chapter 56 of this title (relating to Agency Decision to Refuse License or Permit Issuance or Renewal and Agency Decision to Suspend or Revoke Affected License or Permit, the department may refuse issuance or renewal, as applicable, of a permit to any person or for any facility if the department determines that a prospective activity constitutes a threat to native species, habitats, or ecosystems or is inconsistent with department management goals and objectives. Source Note: The provisions of this §57.124 adopted to be effective January 27, 2021, 46 TexReg 556; amended to be effective December 4, 2022, 47 TexReg 7908. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES A HARMFUL OR POTENTIALLY HARMFUL FISH, SHELLFISH, AND AQUATIC PLANTS §57.124 Refusal to Issue https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206807&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 206807 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206807&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 206807 03/11/2026 (a) Reporting, recordkeeping, and notification requirements for holders of water spinach culture facility permits are described in §57.118 of this title (relating to Special Provisions--Water Spinach).(b) Reporting requirements.(1) All reports will be submitted on department forms or in a format prescribed by the department, as applicable.(2) All annual reports for permits other than for water spinach shall be due by January 31 of the year following the calendar year for which the permit was issued.(3) Commercial aquaculture facility.(A) The holder of a commercial aquaculture facility permit authorizing aquaculture and sale of controlled exotic species of shrimp or triploid grass carp shall submit to the department an annual report that accounts for the total quantity or weight of controlled exotic species of shrimp or triploid grass carp for all instances of purchase, transfer, sale, importation, exportation, or other disposition of any controlled exotic species during the permit period.(B) The holder of a commercial aquaculture facility permit authorizing aquaculture and sale of tilapia is not required to submit an annual report for the tilapia.(4) Biological control production. The holder of a permit for biological control production shall submit to the department a report of host plant production, biological control agent production, number and locations of collections and introductions, and number of sales if applicable.(5) Research. The holder of a permit for controlled exotic species research shall submit to the department a report describing the research activities conducted on all species listed on the permit.(6) Zoological display. The holder of a permit for zoological display shall submit a report accounting for all controlled species in possession, obtained, transferred, or dispatched during the permit year.(7) Limited special purpose permits.(A) The holder of a limited special purpose permit for tilapia and triploid grass carp sale for private pond stocking issued under §57.114(f)(2) of this title (relating to Controlled Exotic Species Permits) shall submit to the department an annual report that accounts for total quantity or weight of triploid grass carp for all instances of purchase, transfer, sale, importation, exportation, or other disposition during the permit period.(B) Holders of limited special purpose permits for possession, transport, and disposal activities not otherwise authorized by the provisions of proposed §57.113 (relating to General Provisions and Exceptions) may be required to submit a report to the department in accordance with permit conditions.(C) Reports are not required for other limited special purpose permits.(c) Recordkeeping requirements for permits. The holder of a permit issued under this subchapter shall maintain at the facility or record-keeping location, and upon the request of any department employee acting within the scope of official duties during normal business hours, promptly make available for inspection:(1) copies of transport invoices for the previous one year, generated in accordance with §57.121 of this title (relating to Transport of Live Controlled Exotic Species);(2) any other permit or records required by this subchapter; and(3) documentation of current permits or authorizations required as a prerequisite for any permits issued under this subchapter and issued under the authority of:(A) Water Code, Chapter 26; and(B) Agriculture Code, Chapter 134.(d) Notification requirements for permits.(1) Notification requirements for limited special purpose permits for interstate transit are described in §57.121(d) of this title.(2) The holder of a permit issued under this subchapter shall notify the department within 24 hours of discovering the escape, release, or discharge of controlled exotic species from their facility or during transport.(3) In the event that a facility or facility complex subject to a permit issued under this subchapter appears to be in imminent danger of overflow, flooding, or other circumstance that could result in the escape, release, or discharge of controlled exotic species into public water, the permit holder shall immediately:(A) begin implementation of the emergency plan approved by the department to prevent the escape, release, or discharge of controlled exotic species into public water; and(B) notify the department in accordance with permit provisions.(4) Except in case of an emergency, the holder of a controlled exotic species permit authorizing possession of controlled exotic species of shrimp must notify the department at least 72 hours prior to, but not more than 14 days prior to any harvesting of permitted shrimp. In an emergency, notification of harvest must be made as early as practicable prior to beginning of harvest operations.(5) The holder of a commercial aquaculture facility permit must notify the department not less than 72 hours prior to any instance of the import or export of triploid grass carp. The notification must include:(A) number of grass carp being purchased;(B) source of grass carp;(C) ploidy level of grass carp;(D) final destination of grass carp;(E) name of certifying authority who conducted triploid grass carp certification; and(F) name, address, and exotic species permit number of both the transporter and the receiver. Source Note: The provisions of this §57.125 adopted to be effective January 27, 2021, 46 TexReg 556; amended to be effective November 22, 2021, 46 TexReg 7893. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES A HARMFUL OR POTENTIALLY HARMFUL FISH, SHELLFISH, AND AQUATIC PLANTS §57.125 Reporting, Recordkeeping, and Notification Requirements https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206808&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 206808 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206808&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 206808 03/11/2026 (a) The department may order a permit holder in writing to cease possession, importation, exportation, sale, purchase, transportation, propagation, or culture of controlled exotic species until such time as clearly stated conditions are met and prescribe a disposition protocol in accordance with §57.113(m) of this title (relating to General Provisions and Exceptions), if:(1) the department determines that there is a threat of escape, release, or discharge of controlled exotic species and/or potential threat to native species or ecosystems; or(2) the permit holder's permit, authorization, or exemption is revoked or suspended bythe Texas Commission on Environmental Quality (TCEQ); or(3) the permit holder fails to renew a permit, authorization, or exemption issued by the TCEQ.(b) If a permit holder chooses to discontinue permitted activities involving controlled exotic species, the permit holder shall:(1) notify the department at least 14 days prior to permit expiration or expected date permitted activities will be discontinued;(2) lawfully sell, transfer, or destroy all remaining inventory of the species in possession prior to permit expiration or expected date upon which permitted activities will be discontinued; and(3) provide a final report to the department, if applicable, within 30 days following discontinuation of activities and in accordance with the provisions of §57.125 of this title (relating to Reporting, Recordkeeping, and Notification Requirements).(c) If a permit holder intends to sell a facility containing controlled exotic species along with remaining inventory of the species in possession, the permit holder shall inform in the department in writing of intent to sell at least 14 days in advance of expected closing date and notify the department within 72 hours of finalizing the sale of the facility and provide the name, address, and phone number of the purchaser.(d) Transitional Operation. A permitted facility may continue to operate under the permit in effect for the facility following a change in ownership provided:(1) the facility is in compliance with the provisions of this subchapter;(2) the new owner submits an application for a controlled exotic species permit to the department in accordance with §57.122 of this title (relating to Permit Application, Issuance, and Period of Validity); and(3) the new owner provides proof to the department that the necessary permits from the TCEQ as identified in §57.122 of this title have been obtained or applications submitted in compliance with all applicable regulations ; and(4) the department provides written approval of transitional operation until such time as the necessary wastewater and aquaculture permits are:(A) issued by the regulatory authority and the controlled exotic species permit is issued by the department; or(B) denied by the regulatory authority. Source Note: The provisions of this §57.126 adopted to be effective January 27, 2021, 46 TexReg 556; amended to be effective November 22, 2021, 46 TexReg 7893. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES A HARMFUL OR POTENTIALLY HARMFUL FISH, SHELLFISH, AND AQUATIC PLANTS §57.126 Discontinuation of Permitted Activities; Sale or Transfer of Permitted Facility https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210913&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210913 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210913&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210913 03/11/2026 The provisions of 30 TAC §7.103 (relating to Memorandum of Understanding (MOU) between the Texas Commission on Environmental Quality and the Texas Parks and Wildlife Department Regarding the Regulation of Aquaculture) in effect on May 19, 2022 are adopted by reference. Source Note: The provisions of this §57.127 adopted to be effective January 27, 2021, 46 TexReg 556; amended to be effective November 21, 2022, 47 TexReg 7444. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES A HARMFUL OR POTENTIALLY HARMFUL FISH, SHELLFISH, AND AQUATIC PLANTS §57.127 Memorandum of Understanding between the Texas Parks and Wildlife Department and the Texas Commission on Environmental Quality Regarding the Regulation of Aquaculture https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203949&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 203949 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203949&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 203949 03/11/2026 A person who violates a provision of this subchapter or a provision of a permit issued under this subchapter commits an offense punishable by the penalties prescribed by the Parks and Wildlife Code, §66.012. Source Note: The provisions of this §57.128 adopted to be effective January 27, 2021, 46 TexReg 556. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES A HARMFUL OR POTENTIALLY HARMFUL FISH, SHELLFISH, AND AQUATIC PLANTS §57.128 Penalties https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225387&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 225387 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225387&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 225387 03/11/2026 The following words and terms, when used in these sections, shall have the following meanings, unless the context clearly indicates otherwise.(1) Day--A 24-hour period of time that begins at midnight and ends at midnight. (2) Freshwater mussel--Bivalve mollusks of the family Unionidae.(3) Mussels and clams--As used in these regulations include all freshwater and marine bivalve mollusks, except oysters, including shells and soft parts found either separately or together.(4) Prohibited area--The classification of a shellfish growing area determined by the Texas Department of State Health Services to be unacceptable for the transplanting, gathering for depuration, or harvesting of shellfish. The only shellfish removal permitted from a prohibited area is for the purpose of depletion, as defined in the Control of Harvesting Section of Part 1 of the National Shellfish Sanitation Program (NSSP).(5) Restricted area--The classification of a shellfish growing area determined by the Texas Department of State Health Services (DSHS) to be unacceptable for harvesting shellfish for direct marketing, but which is acceptable for transplanting or gathering for depuration. A restricted area may be closed for transplanting or gathering for depuration when the DSHS determines that the area does not meet the restricted area criteria established in the NSSP. Source Note: The provisions of this §57.156 adopted to be effective May 28, 1997, 22 TexReg 4295; amended to be effective June 29, 2005, 30 TexReg 3728; amended to be effective August 23, 2009, 34 TexReg 5697; amended to be effective July 14, 2025, 50 TexReg 4020. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES B MUSSELS AND CLAMS §57.156 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=144024&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 144024 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=144024&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 144024 03/11/2026 (a) General prohibition. (1) It is unlawful for any person to take or possess mussels and clams except as provided under this subchapter. (2) The take, possession, sale, or offering for sale of any species of mussel or clam listed in §65.175 of this title (relating to Threatened Species) or §65.176 of this title (relating to Endangered Species) is prohibited, except as provided by Parks and Wildlife Code, Chapter 67 or 31 TAC Chapter 65, Subchapter G. (b) Size limits. No person may take or possess mussels or clams, including their shells, that can be passed through a ring with an inside diameter (I.D.) specified for the species, as follows: Attached Graphic(c) Means, and methods. Mussels and clams may be taken only by hand. (d) Seasons, times, and places. (1) It is unlawful for any person to take mussels and clams from 30 minutes after sunset to 30 minutes before sunrise of each day. (2) Except for the stream segments and reservoirs listed in this paragraph, all public waters of the state are open to mussel and clam harvest. (A) Big Cypress Creek from the Dam at Lake Bob Sandlin downstream to U.S. Highway 271 in Camp County. (B) The Sabine River from the dam at Lake Tawakoni downstream to State Highway 19 in Rains and Van Zandt counties, from FM 14 to State Highway 155 in Smith, Upshur, and Wood counties and from State Highway 43 downstream to U.S. Highway 59 in Harrison and Panola counties. (C) The Angelina River from its source in Rusk County to its confluence with the Neches River to and including B. A. Steinhagen Reservoir in Jasper County. (D) The Neches River from the Dam at Lake B. A. Steinhagen downstream to its confluence with Pine Island Bayou in Orange County. (E) The Trinity River from State Highway 7 in Leon and Houston counties downstream to State Highway 19 in Walker and Trinity counties. (F) Live Oak Creek from U.S. Highway 290 west of Fredericksburg in Gillespie County downstream to the confluence of the Pedernales River in Gillespie County. (G) The Brazos River from the dam at Possum Kingdom Reservoir in Palo Pinto County downstream to FM 2580 in Parker County. (H) The Guadalupe River from Upper Guadalupe River Authority dam in Kerr County downstream Flat Rock Dam in Kerr County. (I) The Concho River from the mouth of Kickapoo Creek downstream to the U.S. Highway 83 Bridge in Concho County. (J) The San Saba River from FM 864 in Menard County downstream to the U.S. Highway 83 Bridge in Menard County. (K) The Guadalupe River from the dam at Lake Wood in Gonzales County downstream to the confluence of the San Marcos River in Gonzales County. (L) The San Marcos River from its source in Hays County downstream to the confluence with the Guadalupe River in Gonzales County. (M) Pine Creek from its source in Lamar County to its confluence with the Red River in Red River County. (N) Sanders Creek from its source in Fannin County to the confluence with the Red River in Lamar County. (O) Elm Creek from its source downstream to the dam at Elm Creek Lake at Ballinger City Park in Runnels County. (P) The Rio Grande from Columbia Bridge in Webb County downstream to the Webb/Zapata county line. (e) Recreational bag limit. A person who possesses a valid fishing license or who is a resident and is exempt from licensing requirements under Parks and Wildlife Code, §46.002 may take or harvest from the public water of the state not more than 25 pounds a day of whole mussels and clams, or 12 pounds of mussel and clam shells. (f) Resident and nonresident commercial licenses. Except as provided in subsection (g) of this section, no person may take any mussels, clams, or their shells from public water of the state for commercial purposes without a resident or nonresident commercial mussel and clam fisherman's license. (1) A license for taking mussels, clams, or their shells from the public water of the state for commercial purposes may be obtained by completing and submitting an application to the department on a form supplied by the department. (2) The license authorized by this subsection: (A) is valid only for the license year for which it is issued; and (B) may be obtained only by a person who: (i) held a resident or nonresident commercial mussel and clam fisherman's license valid for the 2003-2004 or 2004-2005 license year or who obtained a commercial mussel and clam fisherman's license between September 1, 2005 and May 1, 2006; and (ii) continues to purchase a resident or nonresident commercial mussel and clam fisherman's license every year thereafter. (3) Holders of a resident or nonresident commercial mussel and clam fisherman's license shall maintain a daily log. (A) The daily log shall be on a form supplied by the department and shall describe: (i) the number and weight of each species of mussels or clams taken each day by the person; (ii) the name of the stream or reservoir where the take occurred; and (iii) the county of take. (B) The department may request additional information concerning significant populations of mussels or clams encountered by a licensee. (4) The daily log required by this subsection shall be kept current and shall be presented at the request of any department employee acting within the scope of official duties. (5) Holders of resident or nonresident commercial mussel and clam fisherman's licenses shall complete and submit an annual report to the department by December 31 of each year. The annual report shall be on a form supplied or approved by the department. (6) The department may refuse to issue a resident or nonresident commercial mussel and clam fisherman's license to any person who fails to comply with the recordkeeping requirements of this section. (7) A person engaging in any activity involving the take and sale of mussels for commercial purposes, including offering for sale or export of mussels or clams shall physically possess the resident or nonresident commercial mussel and clam fisherman's license on his or her person during all such activities. (8) A holder of a resident or nonresident commercial mussel and clam fisherman's license may be assisted by other persons, provided the licensee is present and is the only person physically disturbing mussel or clam beds. (g) Exception. A person who possesses a valid fishing license or who is a resident and is exempt from licensing requirements under Parks and Wildlife Code, §46.002, may take or harvest from the public water of the state not more than 25 pounds a day of whole mussels and clams, or 12 pounds of mussel and clam shells, for use and sale in jewelry and collectibles. Source Note: The provisions of this §57.157 adopted to be effective November 13, 2006, 31 TexReg 9323; amended to be effective August 23, 2009, 34 TexReg 5697; amended to be effective January 17, 2010, 35 TexReg 249. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES B MUSSELS AND CLAMS §57.157 Mussels and Clams https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18851&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18851 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18851&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18851 03/11/2026 Penalties for violation of §57.156 and §57.157 of this title (relating to Definitions and Mussels and Clams) are prescribed in Parks and Wildlife Code, §78.007. Source Note: The provisions of this §57.158 adopted to be effective May 28, 1997, 22 TexReg 4295. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES B MUSSELS AND CLAMS §57.158 Penalties https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=162212&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 162212 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=162212&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 162212 03/11/2026 The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Aquaculture--The business of producing and selling cultured species raised in private facilities.(2) Aquatic plant--All plants whose seeds germinate in either the water phase or the substrate of a body of water and which must spend part of the life cycle in water (Reid, G.K., and R.O. Wood 1976, Ecology of Inland Waters and Estuaries).(3) Disease condition--The presence of contagious pathogens or injurious parasites known or clinically suspected of constituting a threat to the health of native species of aquatic organisms.(4) Enclosure--A structure in public water that is capable of preventing the escape of the stock confined within it and the entry of aquatic animal life from surrounding waters.(5) Fishing--Taking or attempting to take aquatic animal life by any means.(6) Native species--All fish, shellfish, or aquatic plants documented by the department to live, spawn, or reproduce in Texas and whose first documented occurrence in Texas waters was not the result of intentional or unintentional importation by man. This includes those native species from Texas offshore waters encompassing the Texas Territorial Sea and federal waters of the Exclusive Economic Zone.(7) Offshore aquaculture facility--All enclosures and associated infrastructure used to produce, hold, propagate, transport, or sell stock under authority of an offshore aquaculture permit.(8) Offshore aquaculture zone--All waters of the Gulf of Mexico seaward from the shoreline for a distance of three marine leagues, but does not include bays, passes, rivers or other bodies of water.(9) Shellfish--Aquatic species of crustaceans and mollusks, including oysters, clams, shrimp, prawns, and crabs of all varieties.(10) Stock--Native species of fish, shellfish, or aquatic plants intended for use in, being transported to, or contained within an offshore aquaculture facility under the terms of an offshore aquaculture permit.(11) Waste--As defined in Water Code, §26.001. Source Note: The provisions of this §57.251 adopted to be effective April 11, 2007, 32 TexReg 2012; amended to be effective March 23, 2008, 33 TexReg 2547; amended to be effective July 29, 2008, 33 TexReg 5979; amended to be effective June 12, 2013, 38 TexReg 3644. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES C INTRODUCTION OF FISH, SHELLFISH AND AQUATIC PLANTS §57.251 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225388&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 225388 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225388&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 225388 03/11/2026 (a) No person may place any species of fish, shellfish, or aquatic plant into the public water of the state without a permit issued by the department.(b) An offshore aquaculture permit under this subchapter may be issued to an individual, corporation, company, or other entity that meets all requirements of Texas law for transacting business in this state and the requirements of this subchapter applicable to offshore aquaculture permits. (c) A permit under this subchapter other than for an offshore aquaculture facility may be issued to a named individual only and not to a corporation, partnership, or other entity. (d) A permit issued under this subchapter shall not be sold or transferred except with the approval of the department. (e) Except as provided by the terms and conditions of the permit, a one-time introduction permit, for releases other than those made into an offshore aquaculture facility, is valid for 60 days from the date of issuance or until the permitted introduction has been completed, whichever comes first.(f) For offshore aquaculture facilities: (1) An offshore aquaculture permit authorizes permitted activities in a designated area within the offshore aquaculture zone.(2) The offshore aquaculture permit shall be issued only for the cultivation of native species. Upon request the permittee shall provide the form and type of evidence requested by the department that the individuals are:(A) obtained from the Gulf of Mexico; or(B) descended solely from individuals obtained from the Gulf of Mexico.(3) An offshore aquaculture permit shall be valid from the date of issuance until the date of expiration, but for no longer than 5 years after the issuance date.(4) The department may inspect:(A) any enclosure or infrastructure used to engage in offshore aquaculture; or(B) vessel used to transport stock and equipment to and from an offshore aquaculture facility.(5) In the event that a single enclosure suffers a mortality rate of five percent of more within seven days, the permittee shall, within 48 hours of suffering the five percent mortality rate, submit samples to a department-approved aquatic veterinarian to determine whether a disease condition exists.(6) The department may order the removal of all stock from an enclosure or take other appropriate action upon:(A) a determination that a disease condition exists; or(B) an enforcement action by a federal or state agency resulting in the suspension or revocation of a clearance, permit, or authorization that is required under §57.253 of this title (relating to Permit Application).(7) The department may sample stock to determine genetic lineage.(g) A holder of an offshore aquaculture permit must: (1) notify the department at least three calendar days prior to the placing of any fish, shellfish, or aquatic plant into public water;(2) notify the department at least three calendar days prior to removing any fish, shellfish, or aquatic plant from an offshore aquaculture facility;(3) notify the department immediately upon discovering that a disease condition exists within an offshore aquaculture facility;(4) notify the department immediately upon determining that an offshore aquaculture facility has been damaged and the threat of the unintentional release of stock exists; and(5) remove all enclosures and associated infrastructure from public waters within (60) calendar days of permit expiration or revocation.(h) A permit is not required for any person, while fishing, to place goldfish (Carassius auratus), common carp (Cyprinus carpio), native shrimp, crabs, crawfish and nongame fish into public waters or to immediately release any fish that does not comply with size and bag limits for that species. (i) An employee of the department acting at the direction of the executive director is exempt from the permit requirements specified by these sections. Source Note: The provisions of this §57.252 adopted to be effective April 11, 2007, 32 TexReg 2012; amended to be effective March 23, 2008, 33 TexReg 2547; amended to be effective July 29, 2008, 33 TexReg 5979; amended to be effective August 23, 2009, 34 TexReg 5697; amended to be effective July 9, 2017, 42 TexReg 3387; amended to be effective July 14, 2025, 50 TexReg 4020. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES C INTRODUCTION OF FISH, SHELLFISH AND AQUATIC PLANTS §57.252 General Provisions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225389&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 225389 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225389&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 225389 03/11/2026 (a) An applicant for a permit under this subchapter shall complete and submit an application to the department on a form supplied by the department, accompanied by the fee prescribed by §53.15 of this title (relating to Miscellaneous Fisheries and Wildlife Licenses and Permits).(b) Except for applications for offshore aquaculture permits, an application must be received by the department at least 30 days before the proposed introduction.(c) An application for an offshore aquaculture facility: (1) must be received by the department at least 90 days prior to the proposed deployment of any enclosure or infrastructure; (2) must include: (A) The name, address, and telephone number of the owner(s) of the facility and all stock; (B) proof that the applicant has obtained: (i) all applicable state and/or federal permits or authorizations relating to water quality standards; (ii) all applicable state and federal permits, authorizations, or clearances related to navigational hazards; and (iii) any approval or permit required by the General Land Office; (C) a clear and concise facility design, including scale plans and schematics of all infrastructure that, as determined by the department, is sufficient to:(i) prevent the escape of stock from the facility; and(ii) protect wildlife resources adjacent to the facility from:(I) disease transmission from stock;(II) the discharge of pollutants produced from feed or waste materials into public waters, including discharges resulting directly or indirectly from extreme weather conditions or physical collision;(III) the escape of stock from the facility as a result of extreme weather conditions or physical collision; and(IV) death or injury from ensnarement, entanglement, collision, or other physical interactions with enclosures or facility infrastructure;(D) a clear and concise operations plan, which shall include best management practices that minimize potentially harmful discharges into public waters from the facility;(E) a prospective timeline of proposed activities, by species, from the time of introduction to the time of harvest or removal for each enclosure;(F) a plan for removing all stock from the facility within 72 hours of notice from the department under §57.252 of this title (relating to General Provisions); and(G) a statement that all stock meets the requirements of §57.252 of this title.(d) If the application is in the name of an entity other than an individual person or persons, the application must include a certificate of existence from the Texas Secretary of State and a franchise tax certification of account status from the Texas Comptroller of Accounts.(e) The department may require the applicant to submit any other information that the department determines is necessary to evaluate the application or protect state resources.(f) An applicant for a permit under this subchapter may request a review of a decision of the department to refuse issuance of a permit or permit renewal.(1) An applicant seeking review of a decision of the department with respect to permit issuance under this subchapter shall first contact the department within 10 working days of being notified by the department of permit denial.(2) The department shall conduct the review and notify the applicant of the results within 10 working days of receiving a request for review. The decision of the review panel shall be final.(3) The request for review shall be presented to a review panel. The review panel shall consist of the following:(A) the Deputy Executive Director for Natural Resources (or his or her designee);(B) the Director of the Coastal Fisheries Division; and(C) the Deputy Director of the Coastal Fisheries Division. Source Note: The provisions of this §57.253 adopted to be effective April 11, 2007, 32 TexReg 2012; amended to be effective July 29, 2008, 33 TexReg 5979; amended to be effective June 12, 2013, 38 TexReg 3644; amended to be effective July 14, 2025, 50 TexReg 4020. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES C INTRODUCTION OF FISH, SHELLFISH AND AQUATIC PLANTS §57.253 Permit Application https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=129876&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 129876 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=129876&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 129876 03/11/2026 A permit application, permit renewal, or permit amendment under this subchapter will be denied if:(1) concerning an application for one time introduction:(A) the application, renewal or amendment does not meet the requirements of §§52.101 - 52.401 of this title (concerning Stocking Policy); or(B) the proposed introduction is not consistent with management objectives of the department; or(2) concerning an application for an offshore aquaculture facility, the application does not contain or inadequately addresses the requirements of §57.253(c) of this title (relating to Permit Application). Source Note: The provisions of this §57.254 adopted to be effective April 11, 2007, 32 TexReg 2012. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES C INTRODUCTION OF FISH, SHELLFISH AND AQUATIC PLANTS §57.254 Denial https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=129877&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 129877 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=129877&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 129877 03/11/2026 (a) The department may renew a current offshore aquaculture permit, provided:(1) the applicant has complied with all requirements of this subchapter and permit provisions during the one-year period immediately preceding renewal;(2) the facility is in compliance with all operational and facility standards as reflected in the current permit (including amendments);(3) the applicant has completed and submitted an application for permit renewal; and(4) the applicant has paid the fee prescribed by §53.15 of this title (relating to Miscellaneous Fisheries and Wildlife Licenses and Permits).(b) The department will not renew an expired permit. Source Note: The provisions of this §57.255 adopted to be effective April 11, 2007, 32 TexReg 2012. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES C INTRODUCTION OF FISH, SHELLFISH AND AQUATIC PLANTS §57.255 Renewal https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=129878&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 129878 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=129878&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 129878 03/11/2026 (a) An offshore aquaculture permit may be amended, provided the applicant:(1) has complied with all requirements of this subchapter and permit provisions during the one-year period immediately preceding the date of the application for amendment;(2) has complied with all applicable requirements of §57.253 of this title (relating to Permit Application);(3) has completed and submitted an application for permit amendment; and(4) the amendment is not extensive enough to warrant an additional facility inspection. An amendment extensive enough to warrant an additional facility inspection shall be treated as an application for a new permit and the provisions of §57.253 of this title shall apply.(b) Prior to approval of a permit amendment, no person shall:(1) introduce new species of stock to a facility;(2) discontinue any species of stock in a facility;(3) change the source of stock;(4) modify methods, procedures, facility design, or facility infrastructure affecting:(A) the physical components of the facility;(B) the prevention of escape of stock from the facility; or(C) the discharge of pollutants from the facility; or(5) change the physical structure or components of an enclosure.(c) An application for a permit amendment must be submitted within 10 days of any change in ownership of the facility or stock.(d) The department will not amend an expired permit. Source Note: The provisions of this §57.256 adopted to be effective April 11, 2007, 32 TexReg 2012. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES C INTRODUCTION OF FISH, SHELLFISH AND AQUATIC PLANTS §57.256 Amendment https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=162214&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 162214 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=162214&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 162214 03/11/2026 (a) An offshore aquaculture permitee shall maintain and keep current an accurate daily record of all stock introduced or removed from each enclosure within a facility, including mortalities.(b) An offshore aquaculture permitee shall complete and submit an annual report to the department on a form supplied by the department by no later than January 15 of every year.(c) While performing any permitted activity within or in transit to or from an offshore aquaculture facility, a person must physically possess a legible copy of the offshore aquaculture permit under which the activity is being performed.(d) The records required by this section shall be made available to the department upon the request of a department employee. Source Note: The provisions of this §57.257 adopted to be effective April 11, 2007, 32 TexReg 2012; amended to be effective June 12, 2013, 38 TexReg 3644. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES C INTRODUCTION OF FISH, SHELLFISH AND AQUATIC PLANTS §57.257 Reporting and Recordkeeping https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142073&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 142073 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142073&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 142073 03/11/2026 Except as provided in this subchapter, it is an offense if:(1) a person holding a permit under this section fails to notify the department at least three calendar days prior to the placing of any fish, shellfish, or aquatic plant into public water;(2) a person holding a permit under this section fails to notify the department at least three calendar days prior to removing any fish, shellfish, or aquatic plant from an offshore aquaculture facility;(3) a person holding a permit under this section fails to notify the department immediately upon discovering that a disease condition exists within an offshore aquaculture facility;(4) a person holding a permit under this section fails to notify the department immediately upon determining that an offshore aquaculture facility has been damaged and the threat of the unintentional release of stock exists;(5) any person to whom the department has issued an offshore aquaculture permit fails to remove all enclosures and associated infrastructure from public waters within 60 calendar days of permit expiration or revocation; or(6) a permittee constructs an offshore aquaculture facility in a manner different from the department-approved application. Source Note: The provisions of this §57.258 adopted to be effective April 11, 2007, 32 TexReg 2012; amended to be effective July 29, 2008, 33 TexReg 5979; amended to be effective August 23, 2009, 34 TexReg 5697. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES C INTRODUCTION OF FISH, SHELLFISH AND AQUATIC PLANTS §57.258 Prohibited Acts https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=137220&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 137220 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=137220&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 137220 03/11/2026 (a) A person who violates a provision of this subchapter or a provision of a permit issued under this subchapter commits an offense punishable by the penalty prescribed by the Parks and Wildlife Code, §66.012.(b) A permit issued under this section is not a defense to prosecution for any conduct not specifically authorized by the permit.(c) If a person violates a provision of this subchapter or a provision of a permit issued under this subchapter the department may suspend or revoke the permit after notifying the permittee that a violation has occurred. All contested cases shall be conducted pursuant to the provisions of Government Code, Chapter 2001. Source Note: The provisions of this §57.259 adopted to be effective April 11, 2007, 32 TexReg 2012; amended to be effective July 29, 2008, 33 TexReg 5979. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES C INTRODUCTION OF FISH, SHELLFISH AND AQUATIC PLANTS §57.259 Violations and Penalties https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205650&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 205650 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205650&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 205650 03/11/2026 (a) A commercially protected finfish is any fish listed in Parks and Wildlife Code, §66.020(a).(b) The provisions of Parks and Wildlife Code, §§47.0181-47.0183, apply to the possession and transportation of commercial finfish under a valid finfish import license issued by the department.(c) A person who violates a provision of this subchapter is subject to the penalties prescribed by Parks and Wildlife Code, §66.012. Source Note: The provisions of this §57.371 adopted to be effective June 12, 2013, 38 TexReg 3644; amended to be effective July 29, 2021, 46 TexReg 4459. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES D COMMERCIALLY PROTECTED FINFISH §57.371 Applicability: Commercially Protected Finfish https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18869&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18869 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18869&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18869 03/11/2026 A commercially protected finfish lawfully taken or raised for commercial purposes in the exclusive economic zone (EEZ) under the authority of a federal fishery management plan or federal permit may be transported into this state by the harvesting vessel. These commercially protected finfish may only be unloaded to the holder of a Texas finfish import license. Source Note: The provisions of this §57.375 adopted to be effective January 2, 1997, 21 TexReg 12416. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES D COMMERCIALLY PROTECTED FINFISH §57.375 Exclusive Economic Zone Regulations https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224499&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 224499 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224499&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 224499 03/11/2026 The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Affected species--For purposes of this subchapter, all nongame fish and exotic fish listed in §57.378 of this title (relating to Applicability; Affected Species).(2) Department--The Texas Parks and Wildlife Department or any authorized employee thereof.(3) Exotic fish--As defined in Parks and Wildlife Code §66.007. (4) Game fish--As defined in §57.971(15)(A) of this title (relating to Definitions).(5) Nongame fish--For the purposes of this subchapter, all indigenous or native species not defined as game fish, except endangered and threatened fish, which are defined and regulated under Chapter 65, Subchapter G of this title (relating to Threatened and Endangered Nongame Species).(6) Public freshwater--All of the state rivers, streams, creeks, bayous, reservoirs, lakes, and portions of those freshwaters not defined as coastal waters in §57.971 of this title (relating to Definitions), where public access is available without discrimination. (7) Shad--Gizzard and threadfin shad (Dorosoma spp.). Source Note: The provisions of this §57.377 adopted to be effective January 2, 1997, 21 TexReg 12417; amended to be effective August 23, 2009, 34 TexReg 5697; amended to be effective June 12, 2013, 38 TexReg 3644; amended to be effective April 13, 2017, 42 TexReg 1904; amended to be effective March 24, 2025, 50 TexReg 2077. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES E PERMITS TO POSSESS OR SELL NONGAME AND EXOTIC FISH TAKEN FROM PUBLIC FRESH WATER §57.377 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224500&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 224500 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224500&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 224500 03/11/2026 (a) Nongame Species. A permit to sell the following species of fish taken from public fresh water may be issued if the department determines that it is necessary to properly manage the species.(1) Gars (Lepisosteus spp. and Atractosteus spp.);(2) Bowfin (Amia calva);(3) Shads (Dorosoma spp.);(4) Suckers (buffalo) (Ictiobus spp);(5) River carpsucker (Carpiodes carpio);(6) Bullhead catfishes (Ameiurus spp.);(7) Silversides (Menidia beryllina and Membras martinica); and(8) Mullet (Mugil spp.).(b) Exotic fish. A permit to sell the following species of fish taken from public fresh water may be issued if the department determines that it will encourage the removal of undesirable species. (1) Goldfish (Carassius auratus);(2) Grass carp (Ctenopharyngodon idella);(3) Bighead carp (Hypophthalmichthys nobilis);(4) Common carp (Cyprinus carpio);(5) Tilapia (Oreochromis spp.);(6) Silver carp (Hypophthalmichthys molitrix); and(7) Suckermouth armored catfishes (Hypostomus spp. and Pterygoplichthys spp.).(c) Hybrids among species listed in subsection (a) of this section may be sold under a permit issued under this subchapter authorizing the take of at least one of the species.(d) No permit under Chapter 57, Subchapter A, of this chapter is required for an activity authorized under a permit issued under this subchapter; however, all controlled exotic species taken under this subchapter shall be subject to the provisions of §57.113(e) of this title (relating to General Provisions and Exceptions). Source Note: The provisions of this §57.378 adopted to be effective January 2, 1997, 21 TexReg 12417; amended to be effective August 23, 2009, 34 TexReg 5697; amended to be effective June 12, 2013, 38 TexReg 3644; amended to be effective March 24, 2025, 50 TexReg 2077. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES E PERMITS TO POSSESS OR SELL NONGAME AND EXOTIC FISH TAKEN FROM PUBLIC FRESH WATER §57.378 Applicability: Affected Species https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224501&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 224501 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224501&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 224501 03/11/2026 Except as provided by this subchapter it is unlawful for any person to:(1) sell or offer for sale a fish of the species listed in §57.378 of this title (relating to Applicability: Affected Species) taken from the public fresh water of the state, unless the person:(A) holds a valid general commercial fisherman's license and/or individual bait dealer license (as applicable) and harvested the fish under a permit issued under this subchapter; or(B) holds a valid license issued under the authority of Parks and Wildlife Code, Chapter 47, that authorizes the person to purchase and sell (but not catch) aquatic products;(2) engage in activities authorized by the permit and fail to show on demand to a game warden or other authorized department employee a valid permit authorizing that activity; (3) to retain or possess any species of fish not listed in a valid permit while engaged in activities authorized by the permit;(4) to fail to immediately return to the water any species of fish not listed in the permit caught while engaged in activities authorized by the permit; or(5) violate any provision of the permit. Source Note: The provisions of this §57.379 adopted to be effective January 2, 1997, 21 TexReg 12417; amended to be effective July 15, 2014, 39 TexReg 540; amended to be effective April 13, 2017, 42 TexReg 1904; amended to be effective March 24, 2025, 50 TexReg 2077. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES E PERMITS TO POSSESS OR SELL NONGAME AND EXOTIC FISH TAKEN FROM PUBLIC FRESH WATER §57.379 Prohibited Acts https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=183730&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 183730 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=183730&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 183730 03/11/2026 (a) An applicant for a permit under this subchapter shall submit a completed application to the department on a form supplied by the department, accompanied by the nonrefundable fee specified in Chapter 53 of this title (relating to Finance).(b) The application must be received by the department at least 30 days before the proposed activity.(c) An application may designate no more than eight persons, in addition to the applicant, to assist in conducting permitted activities. Source Note: The provisions of this §57.380 adopted to be effective January 2, 1997, 21 TexReg 12417; amended to be effective June 12, 2013, 38 TexReg 3644; amended to be effective April 13, 2017, 42 TexReg 1904. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES E PERMITS TO POSSESS OR SELL NONGAME AND EXOTIC FISH TAKEN FROM PUBLIC FRESH WATER §57.380 Permit Application https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224502&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 224502 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224502&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 224502 03/11/2026 (a) A permit issued under this subchapter shall specify:(1) the name, telephone number and physical address of the permittee;(2) the water body where the activity is permitted; (3) the fish species for which take and/or sale is allowed; and(4) the types and number of devices that are lawful for use in permitted activities.(b) A permit issued under this subchapter is not transferable or assignable.(c) At all times that a person designated as an assistant is engaged in a permitted activity, that person must be:(1) on board the same vessel with the permit holder; or(2) within line-of-sight of the permit holder if not on a vessel.(d) The permittee and assistant(s) must have in immediate possession a copy of the permit.(e) No person may be listed as a permittee or assistant to a permittee on more than one valid permit.(f) Permits may be amended twice yearly.(g) Requests for amendments must be submitted to the department in writing and should be received 30 days prior to effective date.(h) All permits issued under this subchapter expire on December 31 of the year issued. Source Note: The provisions of this §57.381 adopted to be effective January 2, 1997, 21 TexReg 12417; amended to be effective August 16, 1999, 24 TexReg 6304; amended to be effective June 12, 2013, 38 TexReg 3644; amended to be effective April 13, 2017, 42 TexReg 1904; amended to be effective March 24, 2025, 50 TexReg 2077. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES E PERMITS TO POSSESS OR SELL NONGAME AND EXOTIC FISH TAKEN FROM PUBLIC FRESH WATER §57.381 Permit Specifications and Requirements https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224503&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 224503 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224503&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 224503 03/11/2026 (a) Permittee shall comply with the provisions of §57.993 of this title (relating to Commercial Harvest Report). (b) Permittee must maintain sales receipts for all fish sold for a period of one year from date of sale, and these receipts must be available for examination by authorized employees of the department. Source Note: The provisions of this §57.382 adopted to be effective January 2, 1997, 21 TexReg 12417; amended to be effective August 16, 1999, 24 TexReg 6304; amended to be effective June 12, 2013, 38 TexReg 3644; amended to be effective March 24, 2025, 50 TexReg 2077. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES E PERMITS TO POSSESS OR SELL NONGAME AND EXOTIC FISH TAKEN FROM PUBLIC FRESH WATER §57.382 Reporting and Recordkeeping https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224504&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 224504 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224504&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 224504 03/11/2026 The department may refuse to authorize any prospective activity on any water body or impose restrictions on permitted species, water bodies, devices, or live transfer if the department determines that the prospective take:(1) is detrimental to the target species, species listed as endangered or threatened, or any other aquatic species;(2) is likely to increase the risk of transfer or spread of harmful or potentially harmful exotic fish or shellfish; or(3) cannot be accomplished in a manner consistent with the management goals and objectives of the department. Source Note: The provisions of this §57.384 adopted to be effective May 25, 2014, 39 TexReg 3987; amended to be effective April 13, 2017, 42 TexReg 1904; amended to be effective December 4, 2022, 47 TexReg 7908; amended to be effective March 24, 2025, 50 TexReg 2077. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES E PERMITS TO POSSESS OR SELL NONGAME AND EXOTIC FISH TAKEN FROM PUBLIC FRESH WATER §57.384 Special Conditions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193992&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 193992 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193992&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 193992 03/11/2026 (a) No person may sell, offer for sale, possess for purposes of sale, or exchange for anything of value shad taken from public fresh water unless the person possesses:(1) a valid permit issued by the department under this subchapter specifically authorizing that activity; or(2) a valid fishing guide license issued by the department and the shad are being provided to persons engaged in fishing as part of the guide's services.(b) No person may collect and possess shad taken from public fresh water without a permit issued under this section unless the person possesses a valid recreational fishing license issued by the department and the shad are:(1) not sold or exchanged for anything of value; and(2) possessed in a container or containers that in the aggregate constitute 30 gallons or less in volume. The volume limit does not apply when shad are possessed:(A) on the waterbody from which the shad were taken; or(B) by a licensed fishing guide. Source Note: The provisions of this §57.385 adopted to be effective April 13, 2017, 42 TexReg 1904; amended to be effective January 29, 2019, 44 TexReg 432. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES E PERMITS TO POSSESS OR SELL NONGAME AND EXOTIC FISH TAKEN FROM PUBLIC FRESH WATER §57.385 Special Provisions for the Collection, Possession, and Sale of Shad https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=28508&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 28508 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=28508&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 28508 03/11/2026 A person who violates this subchapter or a permit issued pursuant to this subchapter commits an offense punishable by the penalty prescribed by the Texas Parks and Wildlife Code, §67.005. Source Note: The provisions of this §57.386 adopted to be effective January 2, 1997, 21 TexReg 12417. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES E PERMITS TO POSSESS OR SELL NONGAME AND EXOTIC FISH TAKEN FROM PUBLIC FRESH WATER §57.386 Penalties https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200776&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 200776 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200776&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 200776 03/11/2026 The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Aquaculture (or fish farming)--The business of producing and selling cultured aquatic species.(2) Aquaculturist--A person authorized by law to engage in aquaculture, fish farming or mariculture.(3) Aquaculture facility (or fish farm)--The property including private ponds from which fish, shellfish, or aquatic plants are produced, propagated, transported, or sold.(4) Broodstock--An aquatic species taken from the public waters of this state for the purpose of aquaculture or mariculture.(5) Collection--Any boating, fishing, or aquatic product transportation activity involved in the take or attempted take of broodstock.(6) Cultured species--Aquatic species raised under conditions where at least a portion of their life cycle is controlled by an aquaculturist.(7) Department--The Texas Parks and Wildlife Department.(8) Designated agent--A person designated by an aquaculturist and approved by permit to act on behalf of that aquaculturist in collection of broodstock.(9) Director--The executive director of the Texas Parks and Wildlife Department or his designee.(10) Mariculture--Cultivated oyster mariculture as defined by Parks and Wildlife Code, Chapter 75.(11) Progeny--Offspring of aquatic species, including eggs, fry, fingerlings, oyster larvae, seed, and spat.(12) Public waters--Bays, estuaries, and water of the Gulf of Mexico within the jurisdiction of the state, and the rivers, streams, creeks, bayous, reservoirs, lakes, and portions of those waters where public access is available without discrimination.(13) Recreational Fishing--The act of using legal means or methods to take or to attempt to take aquatic life for noncommercial purposes from the public waters of this state. Source Note: The provisions of this §57.391 adopted to be effective October 3, 1996, 21 TexReg 9170; amended to be effective June 12, 2013, 38 TexReg 3644; amended to be effective August 24, 2020, 45 TexReg 5915. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES F COLLECTION OF BROODSTOCK FROM TEXAS WATERS §57.391 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200777&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 200777 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200777&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 200777 03/11/2026 (a) No person may collect or possess broodstock in public waters unless the person is in physical possession of:(1) a valid broodstock permit issued by the department; and(2) a valid recreational fishing license issued by the department.(b) Violation of any provision of a permit issued under these rules is a violation of these rules. Source Note: The provisions of this §57.392 adopted to be effective October 3, 1996, 21 TexReg 9170; amended to be effective June 12, 2013, 38 TexReg 3644; amended to be effective July 9, 2017, 42 TexReg 3387; amended to be effective August 24, 2020, 45 TexReg 5915. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES F COLLECTION OF BROODSTOCK FROM TEXAS WATERS §57.392 General Rules https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200778&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 200778 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200778&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 200778 03/11/2026 The department's nearest coastal or inland regional fisheries office and law enforcement office must be notified no less than 48 hours prior to commencement of broodstock collection. Source Note: The provisions of this §57.394 adopted to be effective October 3, 1996, 21 TexReg 9170; amended to be effective June 12, 2013, 38 TexReg 3644; amended to be effective August 24, 2020, 45 TexReg 5915. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES F COLLECTION OF BROODSTOCK FROM TEXAS WATERS §57.394 Broodstock Collection; Notification https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206809&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 206809 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206809&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 206809 03/11/2026 (a) The department shall not issue a permit under this subchapter to any person who has, during the one-year period preceding the date of application, been convicted for a violation of any provision of this subchapter, provisions of a permit issued under this subchapter, or:(1) the Parks and Wildlife Code, Chapter 66 or Chapter 75; or(2) the Agriculture Code, Chapter 134.(b) The permit shall prescribe:(1) collection location;(2) means and methods of collection;(3) number and total length of aquatic species collected; and(4) time period of collection.(c) Broodstock permits will not be issued for the collection of black bass of the genus Micropterus or crappie of the genus Pomoxis.(d) The fee for broodstock permit application shall be specified in Chapter 53 of this title (relating to Finance) and is not refundable if a permit is denied.(e) To be considered for a broodstock permit, the applicant shall complete and submit a broodstock permit application on a form provided by the department.(f) An applicant for a broodstock permit or a permittee shall allow inspection of the aquaculture or mariculture facility for which the permit is sought or has been issued by authorized employees of the department during normal business hours.(g) No person may return broodstock collected under this subchapter to public waters unless authorized to do so under Parks and Wildlife Code, §66.015. Source Note: The provisions of this §57.395 adopted to be effective October 3, 1996, 21 TexReg 9170; amended to be effective June 12, 2013, 38 TexReg 3644; amended to be effective July 9, 2017, 42 TexReg 3387; amended to be effective August 24, 2020, 45 TexReg 5915; amended to be effective November 22, 2021, 46 TexReg 7894. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES F COLLECTION OF BROODSTOCK FROM TEXAS WATERS §57.395 Broodstock Permits; Fees, Terms of Issuance https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200780&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 200780 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200780&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 200780 03/11/2026 (a) Broodstock permits expire 60 days from the date of issuance.(b) Broodstock permits are not transferable. Source Note: The provisions of this §57.396 adopted to be effective October 3, 1996, 21 TexReg 9170; amended to be effective August 24, 2020, 45 TexReg 5915. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES F COLLECTION OF BROODSTOCK FROM TEXAS WATERS §57.396 Broodstock Permit; Expiration https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200781&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 200781 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200781&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 200781 03/11/2026 It is an offense for any person to:(1) violate a provision of this subchapter;(2) violate a provision of a permit issued under this subchapter;(3) fail to comply with the reporting requirements of this subchapter;(4) provide false information in a report required under this subchapter; or(5) fail to remit to the department all restitution fees assessed by the department within 14 days of assessment. Source Note: The provisions of this §57.397 adopted to be effective October 3, 1996, 21 TexReg 9170; amended to be effective August 23, 2009, 34 TexReg 5697; amended to be effective June 12, 2013, 38 TexReg 3644; amended to be effective August 24, 2020, 45 TexReg 5915. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES F COLLECTION OF BROODSTOCK FROM TEXAS WATERS §57.397 Prohibited Acts https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206810&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 206810 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206810&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 206810 03/11/2026 A broodstock permit may be denied if:(1) the applicant fails to satisfy all required criteria for permit issuance required by this subchapter;(2) the department finds that the prospective collection activities could be detrimental to existing populations of aquatic species at a specified collection site;(3) the department finds that issuance of the permit is inconsistent with department management or stocking programs in specified public water;(4) the department finds that issuance of the permit could be reasonably expected to interfere with sportfishing activities at a specified site;(5) the species and numbers requested in the permit application are reasonably available from commercial aquaculturists within the state; or(6) a designated agent named in the broodstock permit application has violated any provision of this subchapter in the five-year period preceding the date of permit application. Source Note: The provisions of this §57.398 adopted to be effective October 3, 1996, 21 TexReg 9170; amended to be effective August 24, 2020, 45 TexReg 5915; amended to be effective November 22, 2021, 46 TexReg 7894. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES F COLLECTION OF BROODSTOCK FROM TEXAS WATERS §57.398 Permit Denial https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184795&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 184795 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184795&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 184795 03/11/2026 An applicant for a permit under this subchapter may request a review of a decision of the department to refuse issuance of a permit or permit renewal.(1) An applicant seeking review of a decision of the department with respect to permit issuance under this subchapter shall first contact the department within 10 working days of being notified by the department of permit denial.(2) The department shall conduct the review and notify the applicant of the results within 10 working days of receiving a request for review. The decision of the review panel shall be final.(3) The request for review shall be presented to a review panel. The review panel shall be designated by the executive director or chief operating officer and shall consist of three agency employees at the level of program director or above who have knowledge of the affected resources or programs. Source Note: The provisions of this §57.399 adopted to be effective June 12, 2013, 38 TexReg 3644; amended to be effective July 9, 2017, 42 TexReg 3387. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES F COLLECTION OF BROODSTOCK FROM TEXAS WATERS §57.399 Permit Denial Review https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200783&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 200783 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200783&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 200783 03/11/2026 A person holding a permit issued under this subchapter shall submit a collection report to the department within seven days of any collection activity conducted under a permit issued under this subchapter. The report shall be on a form provided by the department. Source Note: The provisions of this §57.400 adopted to be effective October 3, 1996, 21 TexReg 9170; amended to be effective August 24, 2020, 45 TexReg 5915. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES F COLLECTION OF BROODSTOCK FROM TEXAS WATERS §57.400 Reports https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200784&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 200784 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200784&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 200784 03/11/2026 The department shall calculate the restitution value of aquatic species taken under a permit issued under this subchapter and assess the permit holder for that value. A permit holder shall pay the restitution value within 14 days of being notified by the department. Source Note: The provisions of this §57.401 adopted to be effective October 3, 1996, 21 TexReg 9170; amended to be effective August 24, 2020, 45 TexReg 5915. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES F COLLECTION OF BROODSTOCK FROM TEXAS WATERS §57.401 Restitution https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=120389&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 120389 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=120389&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 120389 03/11/2026 All motor vehicles, trailers, or semitrailers transporting aquatic products for commercial purposes shall: (1) exhibit the inscription "FISH" on the rear of the vehicle. The inscription shall read from left to right and shall be plainly visible at all times while transporting aquatic products. The inscription "FISH" shall be attached to or painted on the vehicle, trailer, or semitrailer in block, capital letters of good proportion in contrasting color to the background and be at least six inches in height: or (2) exhibit a single decal on the lower left rear portion of the vehicle. The decal shall be in the form designated in this proclamation and be at least six inches square with an image of the State of Texas, white in color against a dark background in contrasting color to the vehicle or trailer. The decal shall be plainly visible at all times while transporting aquatic products. Attached Graphic Source Note: The provisions of this §57.500 adopted to be effective January 2, 1997, 21 TexReg 12417; amended to be effective June 29, 2005, 30 TexReg 3728. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES G MARKING OF VEHICLES §57.500 Marking of Vehicles https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=162227&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 162227 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=162227&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 162227 03/11/2026 (a) The Texas Artificial Reef Fishery Management Plan and source document are incorporated by reference.(b) The Texas Blue Crab Fishery Management Plan is incorporated by reference.(c) The Oyster Fishery Management Plan and the Economic Impact Analysis are adopted by reference.(d) The Shrimp Fishery Management Plan and the Economic Impact Analysis are adopted by reference.(e) Copies of these plans may be obtained at the Texas Parks and Wildlife Department Headquarters at 4200 Smith School Road, Austin, Texas 78744. Source Note: The provisions of this §57.691 adopted to be effective January 2, 1997, 21 TexReg 12418; amended to be effective June 12, 2013, 38 TexReg 3644. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES H FISHERY MANAGEMENT PLANS §57.691 Fishery Management Plans https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192562&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 192562 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192562&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 192562 03/11/2026 (a) The executive director shall have the duties, responsibilities, and authority to take action as necessary, including but not limited to emergency rulemaking, to modify state coastal fisheries regulations to conform with federal regulations in the Exclusive Economic Zone and implement fishery management plans ultimately approved by the Secretary of Commerce, including but not limited to Exempted Fishing Permits (EFPs), when such action is deemed to be in the best interest of the State of Texas. (b) The executive director shall promptly notify the chairman of the commission when any such action is required and prior to any such action being taken.(c) The executive director shall cause to be published in the Texas Register a public notice of any action taken, including the period during which such action is to be in effect, pursuant to subsection (a) of this section.(d) Any action taken by the executive director pursuant to this section shall remain in effect for the period specified for such action, but shall not exceed the effective period of the respective federal regulation in the Exclusive Economic Zone. Source Note: The provisions of this §57.801 adopted to be effective December 1, 1995, 20 TexReg 9569; amended to be effective March 6, 1997, 22 TexReg 1890; amended to be effective October 7, 2018, 43 TexReg 6659. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES I CONSISTENCY WITH FEDERAL REGULATIONS IN THE EXCLUSIVE ECONOMIC ZONE §57.801 Powers of the Executive Director https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215371&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 215371 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215371&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 215371 03/11/2026 (a) Within the distance inside Cedar Bayou between where Mesquite Bay flows into Cedar Bayou and a "No Vessels" marker or sign erected by the department near the point where Cedar Bayou empties into the Gulf of Mexico, it is an offense to:(1) place any type of trap; or(2) anchor or moor a vessel, barge, or structure for a period exceeding two consecutive days.(b) The distance inside Cedar Bayou from the mouth of the pass where it empties into the Gulf of Mexico to a "No Vessels" marker or sign erected by the department is designated as a restricted area subject to the provisions of Parks and Wildlife Code, §66.204(b). Source Note: The provisions of this §57.901 adopted to be effective October 19, 1998, 23 TexReg 10654; amended to be effective October 24, 2023, 48 TexReg 6215. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES J FISH PASS PROCLAMATION §57.901 Cedar Bayou Fish Pass https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=157422&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 157422 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=157422&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 157422 03/11/2026 (a) Purpose. The San Marcos River State Scientific Area is established for the purpose of education, scientific research, and preservation of flora and fauna of scientific or educational value, specifically, the preservation of Texas wild-rice (Zizania texana). (b) Boundaries. The San Marcos River State Scientific Area consists of the public waters of the San Marcos River from midstream to the boundary of public waters in the area within the following boundaries:(1) 29 53 26.04 Lat N, 97 55 55.29 Long W (northeast boundary near Spring Lake Dam);(2) 29 53 22.71 Lat N, 97 56 19.01 Long W (southeast boundary near the San Marcos Water Treatment Plant);(3) 29 51 52.63 Lat N, 97 55 56.07 Long W (southwest boundary near the San Marcos Water Treatment Plant); and(4) 29 51 53.92 Lat N, 97 55 31.94 Long W (northwest boundary near Spring Lake Dam).(c) Restricted Areas. When the streamflow of the San Marcos River is measured at 120 cubic feet per second or less at the San Marcos River gaging station (United States Geological Survey gage 081705000 San Marcos River at San Marcos), the department may restrict areas within the boundaries described by subsection (b) of this section by means of clearly marked booms, buoys, and/or signage to reflect the fact that the area is restricted to unauthorized entry.(d) Prohibited Acts. It is an offense for any person to:(1) move, remove, deface, alter, or destroy any sign, buoy, boom, or other such marking delineating the boundaries of the San Marcos River State Scientific Area or a restricted area within the boundaries described by subsection (b) of this section;(2) uproot Texas wild-rice within the San Marcos River State Scientific Area; or(3) enter an area that is marked by signage, booms, buoys, or other apparatus clearly identifying the area as a restricted area, except as may be expressly authorized by the department or the U.S. Fish and Wildlife Service.(e) Penalties. The penalty for violation of this section is prescribed by Parks and Wildlife Code, §13.112. Source Note: The provisions of this §57.910 adopted to be effective July 8, 2012, 37 TexReg 5133. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES K SCIENTIFIC AREAS §57.910 San Marcos River State Scientific Area https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146925&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 146925 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146925&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 146925 03/11/2026 (a) Purpose: The Redfish Bay State Scientific Area is established for the purpose of education, scientific research, and preservation of flora and fauna of scientific or educational value.(b) Boundaries:(1) 27 59.538N; 097 3.858W (Northern extremity of island forming northern boundary of Estes Cove);(2) 27 59.232N; 097 4.434W (Intersection of Gulf Intracoastal Waterway (GIWW) and Mouth of Cove Harbor);(3) 27 55.986N; 097 6.804W (GIWW at Rocky Ridge);(4) 27 53.880N; 097 8.088W (intersection of GIWW and Aransas Pass Shrimp Boat Channel);(5) 27 53.058N; 097 8.502W (Intersection of GIWW and Brown and Root Channel);(6) 27 52.32N; 097 9.486W (Intersection of GIWW and mouth of Redfish Bay Terminal);(7) 27 49.483N; 097 11.255W (A point near the southern extremity of Dagger Island where the Corpus Christi Ship Channel and the GIWW intersect);(8) 27 50.489N; 097 6.619W (A point north of the southwest arm of Harbor Island);(9) 27 50.613N; 097 6.614W (A point northwest of the previous point, north of the southwest arm of Harbor Island);(10) 27 50.860N; 097 5.315W (A point north of the southeast portion of Harbor Island);(11) 27 50.439N; 097 4.841W (A point in the Corpus Christi Channel southeast of Harbor Island);(12) 27 50.745 N; 097 3.66 W (A point on Harbor Island at the intersection of Aransas Shrimp Boat Channel and Corpus Christi Ship Channel);(13) 27 52.420 N; 097 2.470 W (A point in Lydia Ann Channel);(14) 27 55.020 N; 097 03.460 W (East of the mouth of Corpus Christi Bayou).(c) No person may move, remove, deface, alter, or destroy any sign, depth marker or other informational signage placed by the department to delineate boundaries of the Redfish Bay State Scientific Area or to designate specific zones within the area.(d) This subsection is effective May 1, 2006:(1) In this section, "seagrass plant" means individuals from the following marine flowering plant species: Star Grass (Halophila engelmannii), Manatee Grass (Cymodocea filiformis), Shoalgrass (Halodule beaudettei), Turtle Grass (Thalassia testudinum), and Widgeon Grass (Ruppia maritima).(2) Within the Redfish Bay State Scientific Area, no person shall cause or allow any rooted seagrass plant to be uprooted or dug out from the bay bottom by a submerged propeller, except as may be permitted by a coastal lease issued by the Texas General Land Office or otherwise permitted under state law.(3) Notwithstanding paragraph (2) of this subsection, it is not a violation to:(A) anchor a vessel within the Redfish Bay State Scientific Area; or(B) use electric trolling motors within the Redfish Bay State Scientific Area.(e) The penalty for violation of this section is prescribed by Parks and Wildlife Code, §13.112. Source Note: The provisions of this §57.921 adopted to be effective August 31, 2000, 25 TexReg 8408; amended to be effective June 29, 2005, 30 TexReg 3728; amended to be effective April 6, 2006, 31 TexReg 2862; amended to be effective August 4, 2010, 35 TexReg 6672. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES K SCIENTIFIC AREAS §57.921 Redfish Bay State Scientific Area https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209319&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 209319 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209319&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 209319 03/11/2026 The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. All other words and terms in this subchapter shall have the meanings assigned in the Texas Parks and Wildlife Code.(1) Canal--an artificial waterway used for the transportation of water for agricultural and/or industrial purposes but for no other purpose.(2) EPA--the United States Environmental Protection Agency.(3) Governing entity--the state agency or other political subdivision with jurisdiction over a public body of surface water.(4) Floating aquatic vegetation--A plant species that occurs on the surface of a lake or pond without attachment by roots to the soil at the bottom of the waterbody or free-floating mats of fragments of ordinarily rooted species of vegetation that have become dislodged through natural processes such as flooding.(5) Integrated pest management--the coordinated use of pest and environmental information and pest control methods to prevent unacceptable levels of pest damage by the most economical means and in a manner that will cause the least possible hazard to persons, property, and the environment. Integrated pest management includes consideration of ecological, biological, chemical, and mechanical strategies for control of nuisance aquatic vegetation.(6) Licensed Applicator--a person who holds a valid license for aquatic herbicide application from the Texas Department of Agriculture.(7) Local plan--a local aquatic vegetation management plan authorized by Parks and Wildlife Code, §11.083 and meeting the requirements in §57.933 of this title (relating to Adoption and Applicability of Local Aquatic Vegetation Plans) and §57.934 of this title (relating to Local Aquatic Vegetation Plan).(8) MCL--maximum contaminant level.(9) NPDES--National Pollutant Discharge Elimination System. The NPDES Permit Program is administered by EPA under the Clean Water Act.(10) Nuisance aquatic vegetation--any non-native or native vascular plant species that is determined, in consideration of TPWD guidance, to have the potential to substantially interfere with the uses of a public body of surface water.(11) Public body of surface water--any body of surface water that is not used exclusively for an agricultural purpose. The term does not include impounded water on private property or water being transported in a canal.(12) Public drinking water provider--any person who owns or operates a system for the provision to the public of water for human consumption through pipes or other constructed conveyances, if such system has at least fifteen service connections or regularly serves at least twenty-five individuals at least 60 days out of the year.(13) State plan--the state aquatic vegetation management plan authorized by Parks and Wildlife Code, §11.082, and described in §57.931 of this title (relating to State Aquatic Vegetation Plan Applicability) and §57.932 of this title (relating to State Aquatic Vegetation Plan).(14) TCEQ--Texas Commission on Environmental Quality.(15) TDA--the Texas Department of Agriculture.(16) TPWD--the Texas Parks and Wildlife Department.(17) Treatment proposal--a submission to TPWD on a TPWD-approved form that describes intended measures to control nuisance aquatic vegetation.(18) Water district--a conservation and reclamation district or an authority created under authority of Section 52(b)(1) or (2), Article III, or Section 59, Article XVI, Texas Constitution, that has jurisdiction over a public body of surface water. The term does not include a navigation district or a port authority. Source Note: The provisions of this §57.930 adopted to be effective February 6, 2001, 26 TexReg 1152; amended to be effective June 29, 2005, 30 TexReg 3728; amended to be effective June 12, 2013, 38 TexReg 3644; amended to be effective June 28, 2022, 47 TexReg 3691. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES L AQUATIC VEGETATION MANAGEMENT §57.930 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=84728&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 84728 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=84728&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 84728 03/11/2026 The state plan governs throughout the state except where a governing entity has adopted an approved local plan. Source Note: The provisions of this §57.931 adopted to be effective February 6, 2001, 26 TexReg 1152. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES L AQUATIC VEGETATION MANAGEMENT §57.931 State Aquatic Vegetation Plan Applicability https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209320&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 209320 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209320&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 209320 03/11/2026 (a) Requirements Applicable to All Measures to Control Nuisance Aquatic Vegetation.(1) Purpose. The purpose of the state aquatic vegetation plan is to provide for the coordination, oversight, guidance and where applicable public notice and enforcement of all activities related to the management of nuisance aquatic vegetation on public bodies of surface water. This includes, but is not limited to, coordination, oversight, public notification and enforcement of all aquatic herbicide use to protect state fish and wildlife resources and habitat and to prevent unreasonable risk from the use of any aquatic herbicide. (2) Standards. All measures that a person undertakes to control nuisance aquatic vegetation shall be consistent with the principles of integrated pest management as defined in §57.930 of this title (relating to Definitions). A guidance document prepared by TPWD will describe measures to control nuisance aquatic vegetation, and the minimum standards applicable to governing entities that regulate a public body of surface water and persons who propose to treat nuisance aquatic vegetation. The guidance document will include: (A) Encouragement of the growth and, where lacking, establishment of native aquatic vegetation that provides habitat for fish, the food chain that supports desirable fish populations, other desirable aquatic organisms and wildlife without interfering with reasonable recreational use, navigation, drinking water supply, flow of water to power plants, industrial use, irrigation, or other beneficial uses; (B) Encouragement of efforts to address the root causes supporting the overgrowth of nuisance aquatic vegetation;(C) Support for continued monitoring and assessment activities to identify new nuisance aquatic vegetation species and act appropriately to eliminate or minimize ecological impacts;(D) Support for continued research and evaluation of vegetation control methods that will cause the least possible hazard to persons, property and the environment as required by application of integrated pest management principles;(E) Encouragement of public input in decision-making processes;(F) Encouragement of ongoing education and outreach efforts as to the importance of managing aquatic vegetation to assure the ecological health of public waters;(G) Information to guide individuals wishing to treat nuisance aquatic vegetation; and(H) Criteria for choosing management responses to nuisance aquatic vegetation problems based on the uses of the water body and the nature of the problem. These criteria may take the form of a three-tier system: Tier I, which calls for immediate response and eradication; Tier II, which calls for ongoing control where nuisance aquatic vegetation is well-established; and Tier III, which calls for monitoring and a contingency plan in case the problem worsens. The three-tier system is subject to change as provided in paragraph (3) of this subsection.(3) Modification of Guidance. TPWD will publish notice in the Texas Register and seek input from interested parties when it proposes major modifications to the guidance document such as changes in procedures and notification. Notice shall be provided at least 60 days prior to the effective date of any changes to the guidance document. The notice shall describe the proposed modifications and the reasons for the modifications, and how comments on the proposed modifications may be made to TPWD. Minor modifications such as changes of address, typographical corrections, and addition of species or approved herbicide may be published on the TPWD website without submission to the Texas Register. (4) Review by TPWD. Except as provided in paragraph (5) of this subsection, prior to undertaking any measures to control nuisance aquatic vegetation in a public body of surface water, a person operating under the state plan (exclusive of TPWD personnel or its contractors) shall provide to TPWD a treatment proposal, on a form included in the guidance document, no later than the 14th day before the measures are to begin. TPWD will review and may disapprove or amend any treatment proposal and will respond no later than the day before the proposed control measures are to begin. Where appropriate, TPWD will provide technical advice and recommendations regarding prevention of nuisance aquatic vegetation problems. The person submitting the treatment proposal shall have the burden of demonstrating compliance with the state plan. Where a local plan governs, treatment proposals are not subject to TPWD review, approval, and amendment, but are to be submitted to TPWD (pursuant to §57.934(b) of this title, relating to Local Aquatic Vegetation Plan) for informational purposes.(5) The owner or manager of a property or their agent, other than persons hired solely for the purposes of removing aquatic vegetation or persons using mechanical harvesters, is not required to submit a treatment proposal for physical removal of floating aquatic plants from public water adjacent to the property, shorelines, docks, or other waterfront infrastructure associated with the property provided these species are possessed, transported, and disposed in compliance with §57.113 of this title (relating to Harmful or Potentially Harmful Fish, Shellfish, and Aquatic Plants). (b) Additional Requirements Applicable to the Use of Aquatic Herbicides to Control Nuisance Aquatic Vegetation. (1) No person shall apply aquatic herbicide in a public body of surface water where the state plan governs unless the herbicide is applied in a manner consistent with the state plan. No person shall apply aquatic herbicide in a public body of surface water where a local plan governs unless the herbicide is applied in a manner consistent with the local plan. Where a local plan has been adopted and approved, the requirements of the local plan supersede the requirements of this subsection. (2) All persons intending to apply an aquatic herbicide shall provide written notice to the governing entity, TPWD, all public drinking water providers that have an intake within two river miles of a site at which an application of aquatic herbicide is proposed to occur, and all persons who have requested notice (TPWD will maintain a list) no later than the 14th day before the application is to occur. The notice shall include: (A) the dates of the proposed application;(B) all label information for the aquatic herbicide to be applied;(C) a statement that TPWD's guidance document has been reviewed and the proposed herbicide application is consistent with the principles of integrated pest management as set forth in subsection (a)(2) of this section and that document; (D) information demonstrating that the proposed application will not result in exceeding: (i) the maximum contaminant level of the herbicide in finished drinking water as set by the TCEQ and the EPA; or(ii) if the aquatic herbicide does not have an MCL established by the TCEQ and the EPA, the maximum label rate; and(E) TDA applicator license number, if any.(3) In Tier I or emergency situations TPWD and/or its contractors may conduct herbicide treatment with only 24 hours notice to controlling authorities and persons on the notification list, provided the treatment is at least two river or lake miles away from an active potable water intake. (4) An individual who is not a licensed applicator may not apply aquatic herbicides unless the governing entity affirmatively finds, after receiving the proper notice as provided in subsection (b)(2) of this section, that the application will be consistent with the state plan. The governing entity shall respond to the notice given by an individual who is not a licensed applicator no later than the day before the date the application is scheduled to occur. (5) An individual who is a licensed applicator may apply aquatic herbicide after notice consistent with subsection (b)(2) of this section if the governing entity finds that the application would be consistent with the state plan or does not disapprove the application no later than the day before the application is to occur. (6) After receiving notice of a proposed application of aquatic herbicide, a governing entity, or TPWD in the absence of such an entity, shall: (A) provide the individual proposing the application with the state plan; (B) notify the individual in writing that it is a violation of state law to apply aquatic herbicides in a public body of water in a manner inconsistent with the state plan; and (C) determine whether the proposed application is consistent with the state plan. (7) The governing entity shall prohibit the proposed application of aquatic herbicide if the governing entity finds that the proposed application is inconsistent with the state plan. (8) State money shall not be used to pay for treatment of a public body of surface water with an aquatic herbicide unless the application of the herbicide is performed by an applicator licensed for aquatic herbicide application by the TDA. (9) Any application of aquatic herbicide shall comply with label rates approved by the EPA. (10) Any application of aquatic herbicide shall comply with applicable federal NPDES requirements under the Clean Water Act. Source Note: The provisions of this §57.932 adopted to be effective February 6, 2001, 26 TexReg 1152; amended to be effective June 29, 2005, 30 TexReg 3728; amended to be effective June 12, 2013, 38 TexReg 3644; amended to be effective June 28, 2022, 47 TexReg 3691. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES L AQUATIC VEGETATION MANAGEMENT §57.932 State Aquatic Vegetation Plan https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=84730&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 84730 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=84730&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 84730 03/11/2026 A local aquatic vegetation plan may be adopted and shall apply to particular public bodies of surface water as provided in Texas Parks and Wildlife Code, §11.083. A governing entity intending to operate under a local aquatic vegetation plan shall seek approval of its proposed local aquatic vegetation plan under §57.934 of this title (relating to Local Aquatic Vegetation Plan). Source Note: The provisions of this §57.933 adopted to be effective February 6, 2001, 26 TexReg 1152. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES L AQUATIC VEGETATION MANAGEMENT §57.933 Adoption and Applicability of Local Aquatic Vegetation Plans https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=120399&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 120399 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=120399&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 120399 03/11/2026 (a) To be approvable by TCEQ, TPWD, and TDA, a local plan must meet the minimum standards set forth in §57.932 of this title (relating to State Aquatic Vegetation Plan). Additional or more specific requirements are approvable.(b) A local plan may take into account the particular needs and uses of the public body or bodies of surface water to which it will apply. The local plan may allow herbicide use if the person proposing to apply the herbicide notifies the governing entity not later than the 14th day before the proposed date of application. The local plan shall provide that treatment proposals shall be submitted concurrently to TPWD and the governing entity (on the form provided in the guidance document) no later than the 14th day before the measures are to begin and that the governing entity will review and may disapprove or amend any treatment proposal and will respond no later than the day before the proposed control measures are to begin. The person submitting the treatment proposal shall have the burden of demonstrating compliance with the local plan.(c) Proposed local plans should be developed in cooperation with TPWD, TDA, and TCEQ, and shall be submitted to TPWD on a form prepared by TPWD. TPWD will coordinate review of the plan by TCEQ and TDA.(d) Governing entities shall seek and encourage public participation in the creation and review of local plans. At a minimum, TPWD, TCEQ, or TDA will hold at least one public meeting in the area affected by the local plan. Public comment will be received by TPWD, TCEQ, and TDA for 30 days after the local plan is submitted for agency approval. TPWD, TCEQ, and TDA will review and respond to local plan submittals within 60 days of receipt. Source Note: The provisions of this §57.934 adopted to be effective February 6, 2001, 26 TexReg 1152; amended to be effective June 29, 2005, 30 TexReg 3728. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES L AQUATIC VEGETATION MANAGEMENT §57.934 Local Aquatic Vegetation Plan https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=84732&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 84732 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=84732&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 84732 03/11/2026 Governing entities shall retain copies of the following documents generated under this subchapter for a minimum of five years from generation: all local plan submissions and approvals, all treatment proposals submitted to TPWD, all notices received and provided, all control measures taken by the governing entity (including records of date, place, location, type, and amount of all aquatic herbicide applications), and any other information relevant to a particular individual request for shoreline treatment. Source Note: The provisions of this §57.936 adopted to be effective February 6, 2001, 26 TexReg 1152. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES L AQUATIC VEGETATION MANAGEMENT §57.936 Recordkeeping https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=128686&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 128686 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=128686&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 128686 03/11/2026 (a) No person may construct or attempt to construct an artificial reef in the coastal waters of this state unless the person has entered into a Public Reefing Agreement (PRA) with the department as described in §57.954 of this title (relating to Terms of Public Reefing Agreement (PRA)) for that purpose.(b) A PRA is not valid unless it has been signed by the applicant and an employee of the department authorized to approve a PRA.(c) The department may:(1) inspect and approve any reef units (on land or at sea) identified in a PRA;(2) verify the location and composition of any deployed reef unit; and(3) come aboard or accompany any vessel while the vessel is being used to deploy reef materials under a PRA.(d) Only units approved by the department may be deployed.(e) The deployment locations for artificial reefs shall be determined by the department.(f) Deployment activities are to be conducted only during daylight hours.(g) Transport vessel must monitor VHF channel 16 throughout transport and deployment activities. Source Note: The provisions of this §57.950 adopted to be effective January 4, 2007, 31 TexReg 10800. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES M ARTIFICIAL REEFS §57.950 General Provisions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184796&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 184796 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184796&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 184796 03/11/2026 The following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise.(1) Agent--A person authorized by an applicant to act on behalf of the applicant.(2) Applicant--Any person applying for a PRA. For the purposes of this subchapter, the use of the term "applicant" also includes the applicant's agent.(3) Approved Reef Unit--A reef unit which meets all standards, criteria and requirements established in this subchapter and Parks and Wildlife Code, Chapter 89.(4) Coastal waters--The navigable salt water of Texas and water of the federal exclusive economic zone adjacent to Texas water.(5) Deployment--The act of placing approved materials and reef units onto an approved artificial reef site.(6) Person--Any person, firm, partnership, association, corporation, or entity.(7) Reef Unit--Those materials to be deployed as an artificial reef that constitute a single approved item or multiple items that are permanently linked together.(8) Staging Area--A physical location where all reef units are stored for inspection.(9) Vessel--Any watercraft or barge used to transport materials for the construction of artificial reefs. Source Note: The provisions of this §57.951 adopted to be effective January 4, 2007, 31 TexReg 10800; amended to be effective July 9, 2017, 42 TexReg 3387. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES M ARTIFICIAL REEFS §57.951 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=128682&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 128682 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=128682&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 128682 03/11/2026 (a) This subchapter may not be construed as authorizing or allowing a person to act in violation of any state or federal law, rule, or regulation.(b) A PRA issued under this subchapter is not a defense to prosecution for conduct not specifically authorized by the agreement. Source Note: The provisions of this §57.952 adopted to be effective January 4, 2007, 31 TexReg 10800. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES M ARTIFICIAL REEFS §57.952 Applicability of Other Law https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=128683&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 128683 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=128683&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 128683 03/11/2026 (a) A person seeking a PRA from the department for the construction of an artificial reef in the coastal waters of this state shall complete and submit an application to the department on a form supplied by the department.(b) The department may refuse to authorize a PRA based on the following determinations:(1) the reef units described in the application fail to meet criteria described in §57.955 of this title (relating to Reef Material Criteria).(2) the applicant's noncompliance with previous PRAs;or(3) failure of reef units to meet criteria set forth herein.(c) Following evaluation of the application the department may authorize a PRA for the applicant. Source Note: The provisions of this §57.953 adopted to be effective January 4, 2007, 31 TexReg 10800. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES M ARTIFICIAL REEFS §57.953 PRA Application https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=128684&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 128684 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=128684&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 128684 03/11/2026 (a) A PRA shall include provisions for:(1) the material to be used in the reef construction;(2) the staging area of the material identified in paragraph (1) of this subsection;(3) the methods and procedures to be employed in the preparation and deployment of the reef materials;(4) the dates and times of all activities involving the movement or deployment of reef materials;(5) a period of validity, not to exceed 90 days, with the option of a one-time, 90-day extension of the PRA upon receipt of a written request explaining the need for an extension. The PRA may be amended based on the reasons for the extension and/or a renewal of a PRA.(6) notification of the department no less than 72 hours prior to the departure of reef materials for deployment, to include:(A) the vessel registration number of each vessel;(B) the date and time of departure of each vessel; and(C) the estimated time of arrival at the deployment site;(7) the submission of the GPS coordinates of all deployments to the department within five business days following deployment;(8) a statement attesting that the applicant has read and understands the provisions of this subchapter and the contents of the most current version of the department publication entitled "The Texas Public Reef Building Program; Standard Operating Protocol and Guidelines"; and(9) any other stipulations, restrictions, or conditions determined by the department to be necessary, based on the particulars of the application.(b) A PRA may include provisions for a reasonable performance bond which is to be returned to the applicant when the reef material has been deployed and all requirements of the PRA have been fulfilled to the satisfaction of the department. Source Note: The provisions of this §57.954 adopted to be effective January 4, 2007, 31 TexReg 10800. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES M ARTIFICIAL REEFS §57.954 Terms of Public Reefing Agreement (PRA) https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=128685&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 128685 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=128685&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 128685 03/11/2026 All materials employed in artificial reef construction must:(1) be of such construction and material type so as not to break apart or disassociate; be of sufficient density and weight to ensure that the material will remain fixed at its final deployment location;(2) be free of pollutants and toxins in accordance with U.S. Coast Guard, U.S. Environmental Protection Agency, and Texas Commission on Environmental Quality, or other legally binding standards; and(3) be configured and deployed in such a manner that the materials will not function to trap marine life when deployed. Source Note: The provisions of this §57.955 adopted to be effective January 4, 2007, 31 TexReg 10800. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES M ARTIFICIAL REEFS §57.955 Reef Material Criteria https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146644&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 146644 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146644&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 146644 03/11/2026 (a) This subchapter applies to:(1) all persons and activities governed under the applicable provisions of Parks and Wildlife Code;(2) all aquatic animal life, except otherwise provided; and(3) all aquatic life caught in the Exclusive Economic Zone (EEZ) and landed in this state for a recreational or commercial purpose.(b) The executive director may, after notifying the Chairman of the Commission, adopt, repeal, or modify state coastal fisheries regulations in order to provide for consistency with federal regulations in the EEZ. Source Note: The provisions of this §57.970 adopted to be effective June 27, 2010, 35 TexReg 5564. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES N STATEWIDE RECREATIONAL AND COMMERCIAL FISHING PROCLAMATION §57.970 Application and Delegation of Authority https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214215&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214215 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214215&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214215 03/11/2026 The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. All other words and terms in this subchapter shall have the meanings assigned in the Texas Parks and Wildlife Code. (1) Annual bag limit--The quantity of a species of a wildlife resource that may be taken from September 1 of one year to August 31 of the following year.(2) Artificial lure--Any lure (including flies) with hook or hooks attached that is man-made and is used as a bait while fishing.(3) Bait--Something used to lure any aquatic wildlife resource.(4) Cast net--A net which can be hand-thrown over an area.(5) Charter Vessel--A vessel less than 100 gross tons that meets the requirements of the U.S. Coast Guard to carry six or fewer passengers for hire and that carries a passenger for hire at any time during the calendar year. A charter vessel with a commercial permit is considered to be operating as a charter vessel when it carries a passenger who pays a fee or when there are more than three persons aboard, including operator and crew.(6) Circle hook--A hook originally designed and manufactured so that the point of the hook is turned perpendicularly back toward the shank of the hook to form a generally circular or oval shape.(7) Coastal waters boundary--All public waters east and south of the following boundary are considered saltwater: Beginning at the International Toll Bridge in Brownsville, thence northward along U.S. Highway 77 to the junction of Paredes Lines Road (F.M. Road 1847) in Brownsville, thence northward along F.M. Road 1847 to the junction of F.M. Road 106 east of Rio Hondo, thence westward along F.M. Road 106 to the junction of F.M. Road 508 in Rio Hondo, thence northward along F.M. Road 508 to the junction of F.M. Road 1420, thence northward along F.M. Road 1420 to the junction of State Highway 186 east of Raymondville, thence westward along State Highway 186 to the junction of U.S. Highway 77 near Raymondville, thence northward along U.S. Highway 77 to the junction of the Aransas River south of Woodsboro, thence eastward along the south shore of the Aransas River to the junction of the Aransas River Road at the Bonnie View boat ramp; thence northward along the Aransas River Road to the junction of F.M. Road 629; thence northward along F.M. Road 629 to the junction of F.M. Road 136; thence eastward along F.M. Road 136 to the junction of F.M. Road 2678; then northward along F.M. Road 2678 to the junction of F.M. Road 774 in Refugio, thence eastward along F.M. Road 774 to the junction of State Highway 35 south of Tivoli, thence northward along State Highway 35 to the junction of State Highway 185 between Bloomington and Seadrift, thence northwestward along State Highway 185 to the junction of F.M. Road 616 in Bloomington, thence northeastward along F.M. Road 616 to the junction of State Highway 35 east of Blessing, thence southward along State Highway 35 to the junction of F.M. Road 521 north of Palacios, thence northeastward along F.M. Road 521 to the junction of State Highway 36 south of Brazoria, thence southward along State Highway 36 to the junction of F.M. Road 2004, thence northward along F.M. Road 2004 to the junction of Interstate Highway 45 between Dickinson and La Marque, thence northwestward along Interstate Highway 45 to the junction of Interstate Highway 610 in Houston, thence east and northward along Interstate Highway 610 to the junction of Interstate Highway 10 in Houston, thence eastward along Interstate Highway 10 to the junction of State Highway 73 in Winnie, thence eastward along State Highway 73 to the junction of U.S. Highway 287 in Port Arthur, thence northwestward along U.S. Highway 287 to the junction of Interstate Highway 10 in Beaumont, thence eastward along Interstate Highway 10 to the Louisiana State Line. The waters of Spindletop Bayou inland from the concrete dam at Russels Landing on Spindletop Bayou in Jefferson County; public waters north of the dam on Lake Anahuac in Chambers County; the waters of Taylor Bayou and Big Hill Bayou inland from the saltwater locks on Taylor Bayou in Jefferson County; Lakeview City Park Lake, West Guth Park Pond, and Waldron Park Pond in Nueces County; Galveston County Reservoir and Galveston State Park ponds #1-7 in Galveston County; Lake Burke-Crenshaw and Lake Nassau in Harris County; Fort Brown Resaca, Resaca de la Guerra, Resaca de la Palma, Resaca de los Cuates, Resaca de los Fresnos, Resaca Rancho Viejo, and Town Resaca in Cameron County; and Little Chocolate Bayou Park Ponds #1 and #2 in Calhoun County are not considered coastal waters for purposes of this subchapter. (8) Community fishing lake (CFL)--All public impoundments 75 acres or smaller located totally within an incorporated city limits or a municipal, city, county, or state park.(9) Crab--All species within the families Portunidae and Menippidae. (10) Crab line--A baited line with no hook attached.(11) Daily bag limit--The quantity of a species of a wildlife resource that may be lawfully taken in one day.(12) Day--A 24-hour period of time that begins at midnight and ends at midnight. (13) Descending device--An instrument capable of releasing a fish at the depth from which the fish was caught.(A) A descending device must be a weighted hook, lip clamp, or container that will hold the fish while it is lowered to depth to effect release. The device must be capable of releasing the fish automatically, by actions of the operator of the device, or by allowing the fish to escape on its own when at depth.(B) A descending device must use a minimum of a 16-ounce (454-gram) weight and a minimum of a 60-ft (15.2-m) length of line.(14) Dip net--A mesh bag suspended from a frame attached to a handle. (15) Final processing--The cleaning of a dead wildlife resource for cooking or storage purposes. (16) Fish--(A) Game fish--Alabama bass, blue catfish, blue marlin, broadbill swordfish, brown trout, channel catfish, cobia, crappie (black and white), flathead catfish, Guadalupe bass, king mackerel, largemouth bass, longbill spearfish, pickerel, red drum, rainbow trout, sailfish, sauger, sharks, smallmouth bass, snook, Spanish mackerel, spotted bass, spotted seatrout, striped bass, tarpon, tripletail, wahoo, walleye, white bass, white marlin, yellow bass, and hybrids or subspecies of the species listed in this subparagraph.(B) Non-game fish--All species not listed as game fish, except endangered and threatened fish, which are defined and regulated under separate proclamations.(17) Fishing--Taking or attempting to take aquatic animal life by any means.(18) Fish length--That straight-line measurement (while the fish is lying on its side) from the tip of the snout (jaw closed) to the extreme tip of the tail when the tail is squeezed together or rotated to produce the maximum overall length.(19) Fish species names--The names of fishes are those prescribed by the American Fisheries Society in the most recent edition of "Common and Scientific Names of Fishes from The United States, Canada and Mexico."(20) Fishing guide--A person who, for compensation, accompanies, assists, or transports a person or persons engaged in fishing in the water of this state.(21) Fishing guide deck hand--A person in the employ of a fishing guide who assists in operating a boat for compensation to accompany or to transport a person or persons engaged in fishing in the water of this state.(22) Folding panel trap--A metallic or non-metallic mesh trap, the side panels hinged to fold flat when not in use, and suspended in the water by multiple lines.(23) Gaff--Any hand-held pole with a hook attached directly to the pole.(24) Gear tag--A tag constructed of material as durable as the device to which it is attached. The gear tag must be legible, contain the name and address, or customer number, of the person using the device, and, except for saltwater trotlines and crab traps fished under a commercial license, the date the device was set out.(25) Gig--Any hand-held shaft with single or multiple points.(26) Handfishing--Fishing by the use of hands only and without any other fishing devices such as gaff, pole hook, trap, stick, or spear.(27) Headboat--A vessel that holds a valid Certificate of Inspection issued by the U.S. Coast Guard to carry passengers for hire. A headboat with a commercial vessel permit is considered to be operating as a headboat when it carries a passenger who pays a fee or, in the case of persons aboard fishing for or possessing coastal migratory fish or Gulf reef fish, when there are more than three persons aboard, including operator and crew.(28) Inside waters--All bays, inlets, outlets, passes, rivers, streams, and other bodies of water landward from the shoreline of the state along the Gulf of Mexico and contiguous to, or connected with, but not a part of, the Gulf of Mexico and within which the tide regularly rises and falls.(29) Jug line--A fishing line with five or less hooks and a gear tag tied to a free-floating device.(30) Lawful archery equipment--Longbow, recurved bow, and compound bow.(31) License year--The period of time for which an annual fishing license is valid.(32) Natural bait--A whole or cut-up portion of a fish or shellfish or a whole or cut-up portion of plant material in its natural state, provided that none of these may be altered beyond cutting into portions.(33) Paddle craft--Any non-motorized vessel.(34) Paddle-craft fishing guide--A person who, for compensation, accompanies, assists, or transports a person or persons by means of a non-motorized vessel engaged in fishing in the coastal waters of this state.(35) Pole and line--A line with hook, attached to a pole. This gear includes rod and reel.(36) Possession limit--The maximum number of a wildlife resource that may be lawfully possessed at one time.(37) Purse seine--A net with flotation on the corkline adequate to support the net in open water without touching bottom, with a rope or wire cable strung through rings attached along the bottom edge to close the bottom of the net.(38) Residence--A permanent structure where a person regularly sleeps and keeps personal belongings such as furniture and clothes, but does not include a temporary abode or dwelling such as a hunting or fishing club, or any club house, cabin, tent, or trailer house or mobile home used as a hunting or fishing camp, or any hotel, motel, or rooming house used on a temporary basis.(39) Sail line--A type of trotline with one end of the main line fixed on the shore, the other end of the main line attached to a wind-powered floating device or sail.(40) Sand Pump--A self-contained, hand-held, hand-operated suction device used to remove and capture Callianassid ghost shrimp (Callichirus islagrande) from their burrows.(41) Seine--A section of non-metallic mesh webbing, the top edge buoyed upwards by a floatline and the bottom edge weighted. (42) Spear--Any shaft with single or multiple points, barbed or barbless, which may be propelled by any means, but does not; include arrows.(43) Spear gun--Any hand-operated device designed and used for propelling a spear, but does not include the crossbow.(44) Throwline--A fishing line with:(A) five or less hooks;(B) one end attached to a permanent fixture;(C) a float attached at or above the water line; and(D) a gear tag. (45) Trap--A rigid device of various designs and dimensions used to entrap aquatic life, including a man-made device such as a box, barrel, or pipe.(46) Trawl--A bag-shaped net which is dragged along the bottom or through the water to catch aquatic life.(47) Trotline--A nonmetallic main fishing line with:(A) more than five hooks;(B) each end attached to a fixture;(C) floats attached at or above the water line; and(D) a gear tag. (48) Umbrella net--A non-metallic mesh net that is suspended horizontally in the water by multiple lines attached to a rigid frame.(49) Venting tool--A device capable of penetrating the abdomen of a fish for purposes of releasing gases accumulated in the body cavity as a result of retrieving the fish from depth. (A) A venting tool must be a sharpened, hollow instrument that allows air to escape (such as a hypodermic syringe with the plunger removed) of at least a 16-gauge, with an outside diameter of no less than 0.065 inches (1.65 mm).(B) A device that is not hollow, such as a knife or an ice pick, is not a venting tool. (50) Wildlife resources--For the purposes of this subchapter, all aquatic animal life. Source Note: The provisions of this §57.971 adopted to be effective June 27, 2010, 35 TexReg 5564; amended to be effective September 1, 2012, 37 TexReg 3597; amended to be effective September 1, 2013, 38 TexReg 3790; amended to be effective September 1, 2017, 42 TexReg 3389; amended to be effective February 1, 2020, 45 TexReg 580; amended to be effective July 11, 2023, 48 TexReg 3685. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES N STATEWIDE RECREATIONAL AND COMMERCIAL FISHING PROCLAMATION §57.971 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220279&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 220279 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220279&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 220279 03/11/2026 (a) There are no public waters closed to the taking and retaining of fish, except as provided in this subchapter.(b) Game fish may be taken only by pole and line, except as provided in this subchapter.(c) The bag and possession limits set forth in this subchapter do not apply to the possession or landing of fish lawfully raised under an offshore aquaculture permit issued under Subchapter C of this chapter (relating to Introduction of Fish, Shellfish, and Aquatic Plants).(d) Fish caught in federal waters in compliance with a federal fishery management plan may be landed in Texas.(e) In Brewster, Crane, Crockett, Culberson, Ector, El Paso, Jeff Davis, Hudspeth, Kinney, Loving, Pecos, Presidio, Reeves, Terrell, Upton, Val Verde, Ward, and Winkler counties, the only fishes that may be used or possessed for bait while fishing are common carp, fathead minnows, gizzard and threadfin shad, sunfish (Lepomis), goldfish, golden shiners, Mexican tetra, Rio Grande cichlid, and silversides (Atherinidae family).(f) There is no open season on porpoises, dolphins (mammals), whales, or sawfishes (Pristis pectinata and P. pristis).(g) It is unlawful:(1) for any person to take or attempt to take fish by any means, or at any time or place, other than as permitted under this subchapter;(2) for any person to possess fish within a protected length limit or in greater numbers than as permitted under this subchapter;(3) for any person, while fishing on or in public waters, to have in possession fish in excess of the daily bag limit or fish within a protected length limit as established for those waters;(4) for any person to land by boat or person any fish within a protected length limit, or in excess of the daily bag limit or possession limit established for those fish;(5) for any person to use game fish or any part thereof as bait, except for processed catfish heads used as crab-trap bait by a licensed crab fisherman, provided the catfish is obtained from an aquaculture facility permitted to operate in the United States. A person who uses catfish as bait under this paragraph shall, upon the request of a department employee acting within the scope of official duties, furnish appropriate authenticating documentation, such as a bill of sale or receipt, to prove that the catfish was obtained from a legal source;(6) for any person to:(A) possess a finfish of any species, except broadbill swordfish, shark or king mackerel, taken from public water (salt water or fresh water) that has the head removed unless the fish has been:(i) finally processed and delivered to a final destination or to a certified wholesale or retail dealer; or(ii) finally landed on the mainland, a peninsula, or barrier island not including jetties or piers and is not transported afterwards by boat; or(B) possess a finfish of any species taken from coastal water, except broadbill swordfish or king mackerel, that has the tail removed unless the fish has been:(i) finally processed and delivered to a final destination or to a certified wholesale or retail dealer; or(ii) has been finally landed on the mainland, a peninsula, or barrier island not including jetties or piers and is not transported afterwards by boat.(7) for any person to use any vessel to harry, herd, or drive fish including but not limited to operating any vessel in a repeated circular course, for the purpose of or resulting in the concentration of fish for the purpose of taking or attempting to take fish;(8) for any person to release into the public waters of this state a fish with a device or substance implanted or attached that is designed, constructed or adapted to produce an audible, visual, or electronic signal used to monitor, track, follow, or in any manner aid in the location of the released fish;(9) for any person to knowingly take, kill, or disturb sea turtles or sea turtle eggs in or from the waters of the State of Texas;(10) for any person to knowingly take or possess a diamondback terrapin (Malaclemys terrapin) or their eggs unless the person is authorized to do so under a permit issued under Chapter 69, Subchapter J of this title (relating to Scientific, Educational, and Zoological Permits);(11) for any person to take or kill shell-bearing mollusks, hermit crabs, starfish, or sea urchins from November 1 through April 30 within the following boundary: the bay and pass sides of South Padre Island from the East end of the north jetty at Brazos Santiago Pass to the West end of West Marisol drive in the town of South Padre Island, out 1,000 yards from the mean high-tide line, and bounded to the south by the centerline of the Brazos Santiago Pass;(12) for any person to take, kill, or possess more than 15 univalve snails (all species), to include no more than two of each of the following species: lightening whelk, horse conch, Florida fighting conch, pear whelk, banded tulip, and Florida rocksnail;(13) for any person to fish for any species of reef fish as defined in 50 C.F.R. Part 622 unless the person:(A) is also in possession of a descending device or venting tool that is rigged and ready for use; and(B) deploys the descending device or venting tool on all fish exhibiting signs of barotrauma (a condition caused by expansion of gases inside a fish, such as the stomach coming out of the mouth, bulging eyes, bloated belly, and/or distended intestines) that are:(i) released following catch; and(ii) are reef fish as described in this paragraph; or(14) for any person to:(A) purchase or use more finfish (red drum) tags during a license year than the number and type authorized by the commission, excluding duplicate tags issued under Parks and Wildlife Code, §46.006;(B) use the same finfish tag for the purpose of tagging more than one finfish;(C) use a finfish tag in the name of another person;(D) use a tag on a finfish for which another tag is specifically required;(E) catch and retain a finfish required to be tagged and fail to immediately attach and secure a tag, with the day and month of catch cut out, to the finfish at the narrowest part of the finfish tail, just ahead of the tail fin;(F) have in possession both a Red Drum Tag and a Duplicate Red Drum Tag issued to the same license or saltwater stamp holder; or(G) have in possession both an Exempt Red Drum Tag and a Duplicate Exempt Red Drum Tag issued to the same license holder.(H) have in possession:(i) both a Spotted Seatrout Tag and a Duplicate Spotted Seatrout Tag issued to the same license or saltwater stamp holder;(ii) both an Exempt Angler Spotted Seatrout Tag and a Duplicate Exempt Angler Spotted Seatrout Tag issued to the same license holder; or(iii) both a Bonus Spotted Seatrout Tag and a Duplicate Spotted Seatrout Tag issued to the same license or saltwater stamp holder.(h) Harvest Log.(1) The provisions of this subsection apply to any person in possession of a license lawfully purchased by any means other than through an automated point-of-sale system.(2) A person who takes a red drum or spotted seatrout in excess of the maximum length limit established in this chapter for those species shall complete, in ink, the harvest log on the back of the hunting or fishing license, as applicable, immediately upon kill, or, in the case of fish, upon retention.(i) Alternative Licensing System.(1) The requirements of this title that require the attachment of license tags to wildlife resources do not apply to any person in lawful possession of a license that was sold by the department without tags for red drum or spotted seatrout. A properly executed wildlife resource document must accompany any red drum or spotted seatrout in excess of maximum size limits established in this chapter for those species until the provisions of this title and Parks and Wildlife Code governing the possession of the particular wildlife resource cease to apply.(2) The provisions of this section do not exempt any person from any provision of this subchapter that requires or prescribes the use of a wildlife resource document.(j) Public Drawing for Alligator Gar.(1) The department may conduct public drawings for the purpose of providing selected applicants with an opportunity to harvest an alligator gar greater than 48 inches in length on the segment of the Trinity River described in §57.981(d)(1)(L)(ii) of this title (relating to Bag, Possession, and Length Limits).(2) A drawing under this subsection shall be administered by means of a random and impartial method.(3) Drawings under this subsection are restricted to persons holding a recreational fishing license valid for fishing in fresh water. A person who holds only a one-day special license, a Lake Texoma license, a saltwater license, or license issued in another state and valid in Texas is not eligible to participate in a drawing under this section.(4) An applicant may be selected for a harvest opportunity under this subsection only once between September 1 of one year and August 31 of the following year. A harvest opportunity under this subsection is valid only for the license year in which the drawing was conducted.(5) Harvest under this subsection may take place at any time using any legal fishing device. An alligator gar taken under this subsection must be reported within 24 hours of harvest via the department's website or mobile application.(6) Opportunity under this subsection is not transferrable; only persons selected by a drawing under this subsection are authorized to harvest an alligator gar under this subsection.(7) Drawings held under this subsection shall be subject to determinations made by the department to ensure the sustainability of the alligator gar fishery. Source Note: The provisions of this §57.972 adopted to be effective June 27, 2010, 35 TexReg 5564; amended to be effective May 16, 2012, 37 TexReg 3602; amended to be effective January 2, 2013, 37 TexReg 10229; amended to be effective September 1, 2013, 38 TexReg 3790; amended to be effective December 10, 2013, 38 TexReg 8912; amended to be effective September 1, 2016, 41 TexReg 6048; amended to be effective September 1, 2019, 44 TexReg 4486; amended to be effective July 11, 2023, 48 TexReg 3685; amended to be effective September 1, 2024, 49 TexReg 6245. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES N STATEWIDE RECREATIONAL AND COMMERCIAL FISHING PROCLAMATION §57.972 General Rules https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214217&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214217 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214217&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214217 03/11/2026 (a) In fresh water only, it is unlawful to fish with more than 100 hooks on all devices combined.(b) Game and non-game fish may be taken only by pole and line in or on:(1) community fishing lakes;(2) sections of rivers lying totally within the boundaries of state parks;(3) any dock, pier, jetty, or other manmade structure within a state park;(4) the following lakes:(A) Abilene (Abilene State Park in Taylor County);(B) Cleburne (Cleburne State Park in Johnson County);(C) Elm (Brazos Bend State Park in Fort Bend County);(D) Fort Parker (Fort Parker State Park in Limestone County);(E) Mineral Wells (Mineral Wells State Park in Parker County);(F) Pilant (Brazos Bend State Park in Fort Bend County);(G) Purtis Creek (Purtis Creek State Park in Henderson and Van Zandt counties);(H) Raven (Huntsville State Park in Walker County);(I) Sheldon (Sheldon Lake State Park in Harris County);(J) Tucker (Palo Pinto Mountains State Park in Palo Pinto and Stephens counties); and(K) Deputy Darren Goforth Park Lake (Harris County);(5) Brushy Creek (Williamson County) from the Brushy Creek Reservoir dam downstream to the Williamson/Milam county line;(6) Canyon Lake Project #6 (Lubbock County);(7) Lake Pflugerville (Travis County);(8) North Concho River (Tom Green County) from O.C. Fisher Dam to Bell Street Dam;(9) South Concho River (Tom Green County) from Lone Wolf Dam to Bell Street Dam; and(10) Wheeler Branch (Somervell County).(c) No person may employ more than two pole-and-line devices at the same time on:(1) any dock, pier, jetty, or other manmade structure within a state park;(2) community fishing lakes and the following lakes:(A) Abilene (Abilene State Park in Taylor County);(B) Cleburne (Cleburne State Park in Johnson County);(C) Elm (Brazos Bend State Park in Fort Bend County);(D) Fort Parker (Fort Parker State Park in Limestone County);(E) Mineral Wells (Mineral Wells State Park in Parker County);(F) Pilant (Brazos Bend State Park in Fort Bend County);(G) Raven (Huntsville State Park in Walker County);(H) Sheldon (Sheldon Lake State Park in Harris County);(I) Tucker (Palo Pinto Mountains State Park in Palo Pinto and Stephens counties); and(J) Deputy Darren Goforth Park Lake (Harris County);(3) Brushy Creek (Williamson County) from the Brushy Creek Reservoir dam downstream to the Williamson/Milam county line;(4) Canyon Lake Project #6 (Lubbock County);(5) North Concho River (Tom Green County) from O. C. Fisher Dam to Bell Street Dam; and(6) South Concho River (Tom Green County) from Lone Wolf Dam to Bell Street Dam.(d) It is unlawful to take, attempt to take, or possess fish caught in public waters of this state by any device, means, or method other than as authorized in this subchapter.(e) In salt water only, it is unlawful to fish with any device that is marked with a buoy made of a plastic bottle(s) of any color or size.(f) Aquatic life (except threatened and endangered species) not addressed in this subchapter may be taken only by hand or with the devices defined as lawful for taking fish, crabs, oysters, or shrimp in places and at times as provided by the Parks and Wildlife Code and regulations adopted by the Parks and Wildlife Commission.(g) Device restrictions. Devices legally used for taking fresh or saltwater fish or shrimp may be used to take crab as authorized by this subchapter.(1) Cast net. It is unlawful to use a cast net exceeding 14 feet in diameter.(A) Only non-game fish may be taken with a cast net.(B) In salt water, non-game fish may be taken for bait purposes only.(2) Crab line. It is unlawful to fish a crab line for commercial purposes that is not marked with a floating white buoy not less than six inches in height, six inches in length and six inches in width bearing the commercial crab fisherman's license plate number in letters of a contrasting color at least two inches high attached to the end fixtures.(3) Crab trap. It is unlawful to:(A) fish for commercial purposes under authority of a commercial crab fisherman's license with more than 200 crab traps at one time;(B) fish for commercial purposes under authority of a commercial finfish fisherman's license with more than 20 crab traps at one time;(C) fish for non-commercial purposes with more than six crab traps at one time;(D) fish a crab trap in the fresh waters of this state;(E) fish a crab trap that:(i) exceeds 18 cubic feet in volume;(ii) is not equipped with at least two escape vents (minimum 2-3/8 inches inside diameter) in each crab-retaining chamber, and located on the outside trap walls of each chamber; and(iii) is not equipped with a degradable panel. A trap shall be considered to have a degradable panel if one of the following methods is used in construction of the trap:(I) the trap lid tie-down strap is secured to the trap by a loop of untreated jute twine (comparable to Lehigh brand #530) or sisal twine (comparable to Lehigh brand #390). The trap lid must be secured so that when the twine degrades, the lid will no longer be securely closed; or(II) the trap lid tie-down strap is secured to the trap by a loop of untreated steel wire with a diameter of no larger than 20 gauge. The trap lid must be secured so that when the wire degrades, the lid will no longer be securely closed; or(III) the trap contains at least one sidewall, not including the bottom panel, with a rectangular opening no smaller than 3 inches by 6 inches. Any obstruction placed in this opening may not be secured in any manner except:(-a-) it may be laced, sewn, or otherwise obstructed by a single length of untreated jute twine (comparable to Lehigh brand #530) or sisal twine (comparable to Lehigh brand #390) knotted only at each end and not tied or looped more than once around a single mesh bar. When the twine degrades, the opening in the sidewall of the trap will no longer be obstructed; or(-b-) it may be laced, sewn, or otherwise obstructed by a single length of untreated steel wire with a diameter of no larger than 20 gauge. When the wire degrades, the opening in the sidewall of the trap will no longer be obstructed; or(-c-) the obstruction may be loosely hinged at the bottom of the opening by no more than two untreated steel hog rings and secured at the top of the obstruction in no more than one place by a single length of untreated jute twine (comparable to Lehigh brand #530), sisal twine (comparable to Lehigh brand #390), or by a single length of untreated steel wire with a diameter of no larger than 20 gauge. When the twine or wire degrades, the obstruction will hinge downward and the opening in the sidewall of the trap will no longer be obstructed;(F) fish a crab trap for commercial purposes under authority of a commercial crab fisherman's license:(i) that is not marked with a floating white buoy not less than six inches in height, six inches in length, and six inches in width attached to the crab trap;(ii) that is not marked with a white buoy bearing the commercial crab fisherman's license plate number in letters of a contrasting color at least two inches high attached to the crab trap;(iii) that is marked with a buoy bearing a commercial crab fisherman's license plate number other than the commercial crab fisherman's license plate number displayed on the crab fishing boat;(G) fish a crab trap for commercial purposes under authority of a commercial finfish fisherman's license:(i) that is not marked with a floating white buoy not less than six inches in height, six inches in length, and six inches in width attached to the crab trap;(ii) that is not marked with a white buoy bearing the letter 'F' and the commercial finfish fisherman's license plate number in letters of a contrasting color at least two inches high attached to the crab trap;(iii) that is marked with a buoy bearing a commercial finfish fisherman's license plate number other than the commercial finfish fisherman's license plate number displayed on the finfish fishing boat;(H) fish a crab trap for non-commercial purposes without a floating white buoy not less than six inches in height, six inches in length, and six inches in width, bearing a two-inch wide center stripe of contrasting color, attached to the crab trap;(I) fish a crab trap in public salt waters for non-commercial purposes without a valid gear tag. Gear tags must be attached within 6 inches of the buoy and are valid for 10 days after date set out;(J) fish a crab trap within 200 feet of a marked navigable channel in Aransas County; and in the water area of Aransas Bay within one-half mile of a line from Hail Point on the Lamar Peninsula, then direct to the eastern end of Goose Island, then along the southern shore of Goose Island, then along the eastern shoreline of the Live Oak Peninsula past the town of Fulton, past Nine Mile Point, past the town of Rockport to a point at the east end of Talley Island including that part of Copano Bay within 1,000 feet of the causeway between Lamar Peninsula and Live Oak Peninsula, except that a person for recreational purposes only may fish not more than three crab traps at one time, provided each crab trap is securely tethered to a fixed structure such as a dock, pier, or bulkhead;(K) possess, use, or place:(i) for recreational purposes, more than three crab traps in waters north and west of Highway 146 where it crosses the Houston Ship Channel in Harris County; or(ii) for commercial purposes, a crab trap in waters north and west of Highway 146 where it crosses the Houston Ship Channel in Harris County;(L) remove crab traps from the water or remove crabs from crab traps during the period from 30 minutes after sunset to 30 minutes before sunrise;(M) place a crab trap or portion thereof closer than 100 feet from any other crab trap, except when traps are secured to a pier or dock;(N) fish a crab trap in public waters that is marked with a buoy made of a plastic bottle(s) of any color or size; or(O) use or place more than three crab traps in public waters of the San Bernard River north of a line marked by the boat access channel at Bernard Acres.(4) Dip net.(A) It is unlawful to use a dip net except:(i) to aid in the landing of fish caught on other legal devices; and(ii) to take non-game fish.(B) In salt water, non-game fish may be taken for bait purposes only.(5) Folding panel trap.(A) Only crabs may be taken with a folding panel trap.(B) It is unlawful to use a folding panel trap with an overall surface area, including panels, exceeding 16 square feet.(6) Gaff.(A) It is unlawful to use a gaff except to aid in landing fish caught by other legal devices, means or methods.(B) Fish landed with a gaff may not be below the minimum, above the maximum, or within a protected length limit.(7) Gig. Only non-game fish may be taken with a gig.(8) Handfishing. For use in fresh water only.(A) Only blue, channel, and flathead catfish may be taken by means of handfishing.(B) It is unlawful to intentionally place or use a trap in public waters for the purpose of taking catfish by handfishing.(9) Jugline. For use in fresh water only. Non-game fish, channel catfish, blue catfish, and flathead catfish may be taken with a jugline. It is unlawful to use a jugline:(A) with invalid gear tags. Gear tags must be attached within six inches of the free-floating device, are valid for 6 days after the date set out, and must include the number of the permit to sell non-game fish taken from fresh water, if applicable;(B) for commercial purposes that is not marked with an orange free-floating device that is less than six inches in length and three inches in width;(C) for non-commercial purposes that is not marked with a free-floating device of any color other than orange that is less than six inches in length and three inches in width; and(D) in Lake Bastrop in Bastrop County, Bellwood Lake in Smith County, Lake Bryan in Brazos County, Boerne City Park Lake in Kendall County, Lakes Coffee Mill and Davy Crockett in Fannin County, Dixieland Reservoir in Cameron County, Lake Naconiche in Nacogdoches County, and Tankersley Reservoir in Titus County.(10) Lawful archery equipment. Only non-game fish may be taken with lawful archery equipment or crossbow.(11) Minnow trap (fresh water and salt water). It is unlawful to use a minnow trap that is not marked with a floating, visible buoy of any color other than orange that is not less than six inches in length and three inches in width. The buoy must have a gear tag attached. A gear tag is valid for 6 days after the date it is set out.(A) Only non-game fish may be taken with a minnow trap.(B) It is unlawful to use a minnow trap that exceeds 24 inches in length or with a throat larger than one by three inches.(12) Perch traps. For use in salt water only.(A) Perch traps may be used only for taking non-game fish.(B) It is unlawful to fish a perch trap that:(i) exceeds 18 cubic feet in volume;(ii) is not equipped with a degradable panel. A trap shall be considered to have a degradable panel if one of the following methods is used in construction of the trap:(I) the trap lid tie-down strap is secured to the trap by a loop of untreated jute twine (comparable to Lehigh brand #530) or sisal twine (comparable to Lehigh brand #390). The trap lid must be secured so that when the twine degrades, the lid will no longer be securely closed; or(II) the trap lid tie-down strap is secured to the trap by a loop of untreated steel wire with a diameter of no larger than 20 gauge. The trap lid must be secured so that when the wire degrades, the lid will no longer be securely closed; or(III) the trap contains at least one sidewall, not including the bottom panel, with a rectangular opening no smaller than 3 inches by 6 inches. Any obstruction placed in this opening may not be secured in any manner except:(-a-) it may be laced, sewn, or otherwise obstructed by a single length of untreated jute twine (comparable to Lehigh brand #530) or sisal twine (comparable to Lehigh brand #390) knotted only at each end and not tied or looped more than once around a single mesh bar. When the twine degrades, the opening in the sidewall of the trap will no longer be obstructed; or(-b-) it may be laced, sewn, or otherwise obstructed by a single length of untreated steel wire with a diameter of no larger than 20 gauge. When the wire degrades, the opening in the sidewall of the trap will no longer be obstructed; or(-c-) the obstruction may be loosely hinged at the bottom of the opening by no more than two untreated steel hog rings and secured at the top of the obstruction in no more than one place by a single length of untreated jute twine (comparable to Lehigh brand #530), sisal twine (comparable to Lehigh brand #390), or by a single length of untreated steel wire with a diameter of no larger than 20 gauge. When the twine or wire degrades, the obstruction will hinge downward and the opening in the sidewall of the trap will no longer be obstructed;(iii) is not marked with a floating visible orange buoy not less than six inches in length and six inches in width. The buoy must have a gear tag attached. Gear tags are valid for 6 days after date set out.(13) Pole and line.(A) Game and non-game fish may be taken by pole and line. It is unlawful to use a pole and line to take or attempt to take fish by foul-hooking, snagging, or jerking. A fish is foul-hooked when caught by a hook in an area other than the fish's mouth.(B) Game and non-game fish may be taken by pole and line. It is unlawful to take fish with a hand-operated device held underwater except that a spear gun and spear may be used to take non-game fish.(C) Game and non-game fish may be taken by pole and line, except that in the Guadalupe River in Comal County from the second bridge crossing on River Road upstream to a point 800 yards downstream of the Canyon Lake dam outlet, rainbow and brown trout may not be retained when taken by any method except artificial lures. Artificial lures cannot contain or have attached either whole or portions, living or dead, of organisms such as fish, crayfish, insects (grubs, larvae, or adults), or worms, or any other animal or vegetable material, or synthetic scented materials. This does not prohibit the use of artificial lures that contain components of hair or feathers. It is an offense to possess rainbow and brown trout while fishing with any other device in that part of the Guadalupe River defined in this paragraph.(14) Purse seine.(A) Purse seines may be used only for taking menhaden, only from that portion of the Gulf of Mexico within the jurisdiction of this state extending from one-half mile offshore to nine nautical miles offshore.(B) Purse seines used for taking menhaden may not be used within one mile of any jetty or pass.(C) The purse seine, not including the bag, shall not be less than three-fourths inch square mesh.(15) Sail line. For use in salt water only.(A) Non-game fish, red drum, spotted seatrout, and sharks may be taken with a sail line.(B) Line length shall not exceed 1,800 feet from the reel to the sail.(C) The sail and most shoreward float must be a highly visible orange or red color. All other floats must be yellow.(D) No float on the line may be more than 200 feet from the sail.(E) A weight of not less than one ounce shall be attached to the line not less than four feet or more than six feet shoreward of the last shoreward float.(F) Reflectors of not less than two square inches shall be affixed to the sail and floats and shall be visible from all directions for sail lines operated from 30 minutes after sunset to 30 minutes before sunrise.(G) There is no hook spacing requirement for sail lines.(H) No more than one sail line may be used per fisherman.(I) No person may use a sail line for commercial purposes.(J) Sail lines must be attended at all times the line is fishing.(K) Sail lines may not have more than 30 hooks and no hook may be placed more than 200 feet from the sail.(16) Sand pump. It is unlawful for any person to use a sand pump:(A) that is not manually operated; or(B) for commercial purposes.(17) Seine.(A) Only non-game fish may be taken with a seine.(B) It is unlawful to use a seine:(i) which is not manually operated;(ii) with mesh exceeding 1/2-inch square; or(iii) that exceeds 20 feet in length.(C) In salt water, non-game fish may be taken by seine for bait purposes only.(18) Shad trawl. For use in fresh water only.(A) Only non-game fish may be taken with a shad trawl.(B) It is unlawful to use a shad trawl longer than six feet or with a mouth larger than 36 inches in diameter.(C) A shad trawl may be equipped with a funnel or throat and must be towed by boat or by hand.(19) Spear. Only non-game fish may be taken with a spear.(20) Spear gun. Only non-game fish may be taken with spear gun.(21) Throwline. For use in fresh water only.(A) Non-game fish, channel catfish, blue catfish, and flathead catfish may be taken with a throwline.(B) It is unlawful to use a throwline in Lake Bastrop in Bastrop County, Bellwood Lake in Smith County, Lake Bryan in Brazos County, Boerne City Park Lake in Kendall County, Lakes Coffee Mill and Davy Crockett in Fannin County, Dixieland Reservoir in Cameron County, Lake Naconiche in Nacogdoches County, and Tankersley Reservoir in Titus County.(C) It is unlawful to use a throwline:(i) that is not equipped with a gear tag. A gear tag is valid for 6 days after the date it is set out;(ii) for commercial purposes that is not marked by an orange float that is less than six inches in length and three inches in width; and(iii) for non-commercial purposes that is not marked with a float of any color other than orange that is less than six inches in length and three inches in width.(22) Trotline.(A) Non-game fish, channel catfish, blue catfish, and flathead catfish may be taken by trotline.(B) It is unlawful to use a trotline:(i) with a mainline length exceeding 600 feet;(ii) with invalid gear tags. Gear tags must be attached within three feet of the first hook at each end of the trotline and are valid for 6 days after date set out, except on saltwater trotlines, a gear tag is not required to be dated;(iii) with hook interval less than three horizontal feet;(iv) with metallic stakes; or(v) with the main fishing line, attached hooks, and stagings above the water's surface.(C) In fresh water, it is unlawful to use a trotline:(i) with more than 50 hooks;(ii) in Lake Bastrop in Bastrop County, Lakes Coffee Mill and Davy Crockett in Fannin County, Fayette County Reservoir in Fayette County, Pinkston Reservoir in Shelby County, Lake Bryan in Brazos County, Bellwood Lake in Smith County, Dixieland Reservoir in Cameron County, Boerne City Park Lake in Kendall County, Lake Naconiche in Nacogdoches County, and Tankersley Reservoir in Titus County;(iii) for commercial purposes that is not marked by an orange float that is less than six inches in length and three inches in width, and attached to end fixtures; and(iv) for non-commercial purposes that is not marked with a float of any color other than orange that is less than six inches in length and three inches in width attached to each end fixture.(D) In salt water:(i) it is unlawful to use a trotline:(I) in or on the waters of the Gulf of Mexico within the jurisdiction of this state;(II) from which red drum, sharks or spotted seatrout caught on the trotline are retained or possessed;(III) placed closer than 50 feet from any other trotline, or set within 200 feet of the edge of the Intracoastal Waterway or its tributary channels. No trotline may be fished with the main fishing line and attached hooks and stagings above the water's surface;(IV) baited with other than natural bait, except sail lines;(V) with hooks other than circle-type hook with point curved in and having a gap (distance from point to shank) of no more than one-half inch, and with the diameter of the circle not less than five-eighths inch. Sail lines are excluded from the restrictions imposed by this clause; or(VI) in Aransas County in Little Bay and the water area of Aransas Bay within one-half mile of a line from Hail Point on the Lamar Peninsula, then direct to the eastern end of Goose Island, then along the southern shore of Goose Island, then along the causeway between Lamar Peninsula and Live Oak Peninsula, then along the eastern shoreline of the Live Oak Peninsula past the town of Fulton, past Nine-Mile Point, past the town of Rockport to a point at the east end of Talley Island, including that part of Copano Bay within 1,000 feet of the causeway between Lamar Peninsula and Live Oak Peninsula.(ii) No trotline or trotline components, including lines and hooks, but excluding poles, may be left in or on coastal waters between the hours of 1:00 p.m. on Friday through 1:00 p.m. on Sunday of each week, except that attended sail lines are excluded from the restrictions imposed by this clause. Under the authority of the Texas Parks and Wildlife Code, §66.206(b), in the event small craft advisories or higher marine weather advisories issued by the National Weather Service are in place at 8:00 a.m. on Friday, trotlines may remain in the water until 6:00 p.m. on Friday. If small craft advisories are in place at 1:00 p.m. on Friday, trotlines may remain in the water until Saturday. When small craft advisories are lifted by 8:00 a.m. on Saturday, trotlines must be removed by 1:00 p.m. on Saturday. When small craft advisories are lifted by 1:00 p.m. on Saturday, trotlines must be removed by 6:00 p.m. on Saturday. When small craft advisories or higher marine weather advisories are still in place at 1:00 p.m. on Saturday, trotlines may remain in the water through 1:00 p.m. on Sunday. It is a violation to tend, bait, or harvest fish or any other aquatic life from trotlines during the period that trotline removal requirements are suspended under this provision for adverse weather conditions. For purposes of enforcement, the geographic area customarily covered by marine weather advisories will be delineated by department policy.(iii) It is unlawful to fish for commercial purposes with:(I) more than 20 trotlines at one time;(II) any trotline that is not marked with yellow flagging attached to stakes or with a floating yellow buoy not less than six inches in height, six inches in length, and six inches in width attached to end fixtures;(III) any trotline that is not marked with yellow flagging attached to stakes or with a yellow buoy bearing the commercial finfish fisherman's license plate number in letters of a contrasting color at least two inches high attached to end fixtures;(IV) any trotline that is marked with yellow flagging or with a buoy bearing a commercial finfish fisherman's license plate number other than the commercial finfish fisherman's license plate number displayed on the finfish fishing boat.(iv) It is unlawful to fish for non-commercial purposes with:(I) more than 1 trotline at any time; or(II) any trotline that is not marked with a floating yellow buoy not less than six inches in height, six inches in length, and six inches in width, bearing a two-inch wide stripe of contrasting color, attached to end fixtures.(23) Umbrella net.(A) Only non-game fish may be taken with an umbrella net.(B) It is unlawful to use an umbrella net with the area within the frame exceeding 16 square feet. Source Note: The provisions of this §57.973 adopted to be effective June 27, 2010, 35 TexReg 5564; amended to be effective August 29, 2011, 36 TexReg 5363; amended to be effective September 1, 2012, 37 TexReg 3597; amended to be effective September 1, 2013, 38 TexReg 3790; amended to be effective September 1, 2014, 39 TexReg 6495; amended to be effective September 1, 2016, 41 TexReg 6048; amended to be effective September 1, 2017, 42 TexReg 3389; amended to be effective February 1, 2020, 45 TexReg 580; amended to be effective September 1, 2020, 45 TexReg 5641; amended to be effective September1,2021,46 TexReg 5048; amended to be effective September 1, 2022, 47 TexReg 3973; amended to be effective July 11, 2023, 48 TexReg 3685. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES N STATEWIDE RECREATIONAL AND COMMERCIAL FISHING PROCLAMATION §57.973 Devices, Means and Methods https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214218&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214218 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214218&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214218 03/11/2026 Reservoir boundaries for daily bag, possession, and length limits.(1) Buchanan Reservoir in Burnet, Lampasas, Llano, and San Saba counties comprises all impounded waters of the Colorado River from Lake Buchanan dam upstream to the U.S. Highway 190 bridge.(2) Caddo Lake in Marion and Harrison counties comprises all impounded waters of Big Cypress Bayou from the Texas-Louisiana border upstream to the State Highway 43 bridge.(3) Canyon Reservoir in Comal County comprises all impounded waters of the Guadalupe River from the Canyon dam upstream to the U.S. Highway 281 bridge.(4) Choke Canyon Reservoir in Live Oak and McMullen counties comprises all impounded waters of the Frio River from the Choke Canyon Dam upstream to the State Highway 16 bridge, including all waters of San Miguel Creek downstream from the State Highway 16 bridge.(5) Cooper Lake in Delta and Hopkins counties comprises all waters within the Corps of Engineers lands on Cooper Lake upstream from State Highway 19/154 and downstream from F.M. Road 71.(6) Falcon International Reservoir in Starr and Zapata counties comprises all impounded waters of the Rio Grande from the Falcon Dam upstream to the Zapata/Webb County line.(7) Inks Lake in Burnet and Llano counties comprises all impounded waters of the Colorado River from the Roy Inks dam (Inks Lake dam) upstream to the Lake Buchanan dam.(8) Lake Conroe in Montgomery and Walker counties comprises all impounded waters of the West Fork of the San Jacinto River from the Lake Conroe dam upstream to F.M. Road 1791 bridge.(9) Lake Georgetown in Williamson County comprises all impounded waters of the North Fork of the San Gabriel River from the Lake Georgetown dam upstream to U.S. Highway 183 bridge.(10) Lake Limestone in Leon, Limestone, and Robertson counties comprises all impounded waters of the Navasota River from the Lake Limestone dam upstream to the Fort Parker State Park Lake dam.(11) Lake Livingston in Leon, Houston, Madison, Polk, San Jacinto, Trinity, and Walker counties comprises all impounded waters of the Trinity River from the Lake Livingston dam upstream to the lock and dam near State Highway 7.(12) Lake Lyndon B. Johnson in Burnet and Llano counties comprises all impounded waters of the Colorado River from the Alvin Wirtz Dam (Lake Lyndon B. Johnson dam) upstream to the Roy Inks dam (Inks Lake dam) including the Llano River upstream to the State Highway 16 bridge and Sandy Creek upstream to the State Highway 71 bridge.(13) Lake Marble Falls in Burnet County comprises all impounded waters of the Colorado River from the Max Starcke dam (Lake Marble Falls dam) upstream to the Alvin Wirtz dam (Lake Lyndon B. Johnson dam).(14) Lake Murvaul in Panola County comprises all impounded waters of Murvaul Creek Bayou upstream from the Lake Murvaul dam and Murvaul Creek Bayou downstream from the dam to the Farm to Market Road 1970 bridge.(15) Lake O'the Pines in Camp, Marion, Morris, and Upshur Counties comprises all impounded waters of Big Cypress Creek from Ferrell's Bridge dam (the Lake O'the Pines dam) upstream to the U.S. Highway 259 bridge.(16) Lake Palestine in Anderson, Cherokee, Henderson, Smith, and Van Zandt counties comprises all impounded waters of the Neches River from the Blackburn Crossing dam (the Lake Palestine dam) upstream to F.M. Road 279 bridge including Kickapoo and Flat Creeks in Henderson County.(17) Lake Pat Mayse in Lamar County comprises all impounded waters of Sanders Creek from Pat Mayse Lake Dam upstream to County Road 35610.(18) Lake Somerville in Burleson, Lee, Milam, and Washington Counties comprises all impounded waters of Yegua, East Yegua, and Middle Yegua Creeks upstream from the Lake Somerville dam.(19) Lake Texoma in Cooke and Grayson counties comprises all impounded waters of the Red River from the Denison Dam upstream to Sycamore Creek.(20) Lake Travis in Burnet and Travis Counties comprises all impounded waters of the Colorado River from the Mansfield dam (Lake Travis dam) upstream to the Max Starcke dam (Lake Marble Falls dam) including the Pedernales River upstream to the Hammetts Crossing-Hamilton Pool Road bridge.(21) O. H. Ivie Reservoir in Concho, Coleman, and Runnels counties comprises all impounded waters of the Colorado and Concho rivers from the S.W. Freese Dam upstream to:(A) the F.M. 129 bridge on the Colorado River; and(B) the confluence of Amos Creek and the Concho River.(22) Purtis Creek State Park Lake in Henderson and Van Zandt Counties comprises all waters within the Purtis Creek State Park boundaries.(23) Sam Rayburn Reservoir in Angelina, Jasper, Nacogdoches, Sabine, and San Augustine counties comprises all impounded waters of the Angelina River from the Sam Rayburn Dam upstream to the Union Pacific railroad bridge.(24) Toledo Bend Reservoir in Newton, Sabine, and Shelby counties comprises all impounded waters of the Sabine River from the Toledo Bend Reservoir Dam upstream to the Texas/Louisiana state line. Source Note: The provisions of this §57.974 adopted to be effective June 27, 2010, 35 TexReg 5564; amended to be effective August 29, 2011, 36 TexReg 5363; amended to be effective September 1, 2015, 40 TexReg 4695; amended to be effective September 1, 2022, 47 TexReg 3973; amended to be effective July 11, 2023, 48 TexReg 3685. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES N STATEWIDE RECREATIONAL AND COMMERCIAL FISHING PROCLAMATION §57.974 Reservoir Boundaries https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207521&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 207521 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207521&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 207521 03/11/2026 (a) Definitions. For purposes of this section, the following terms shall have the following meanings:(1) Affected area--an area of coastal water where game fish are known or expected to congregate in response to cold weather conditions, making them vulnerable to overharvest.(2) Freeze--a period of cold weather during which air temperatures are expected to cause coastal water temperatures to fall below 40° F, creating a risk of depletion of one or more game fish species.(b) The Executive Director shall provide appropriate notice to the public that a closure in anticipation of a freeze has been declared and fishing in the affected area or areas is prohibited. The Executive Director shall provide appropriate public notice as to when fishing in the affected area or areas is allowed to resume.(c) The Executive Director may allow fishing in affected areas to resume when water temperatures, as measured by select National Oceanic and Atmospheric Administration (NOAA) tide stations, reach a minimum of 50° F and are expected to remain above 40° F for at least 48 hours.(d) No person shall take or attempt to take any aquatic life by any means in an affected area after the Executive Director has given notice to the public that fishing in the affected area is prohibited and before the Executive Director gives notice that fishing may resume. Source Note: The provisions of this §57.975 adopted to be effective June 27, 2010, 35 TexReg 5564; amended to be effective September 1, 2012, 37 TexReg 3597; amended to be effective January 18, 2022, 47 TexReg 94. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES N STATEWIDE RECREATIONAL AND COMMERCIAL FISHING PROCLAMATION §57.975 Freeze Event Closures https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=162278&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 162278 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=162278&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 162278 03/11/2026 (a) No person may import into this state or possess an aquatic wildlife resource taken outside this state, unless the person possessing the aquatic wildlife resource produces upon demand by a game warden a valid fishing, or other applicable license, stamp, tag, permit, or document for the state or country in which the wildlife resource was legally taken.(b) A person possessing a wildlife resource under this section must produce upon demand by a game warden a valid driver's license or personal identification certificate.(c) Any person may possess a wildlife resource killed outside this state that is listed in this state as threatened or endangered, provided the person possesses proof that the animal or bird was lawfully killed.(d) No person in this state may possess an aquatic wildlife resource taken in the Exclusive Economic Zone in violation of any applicable federal law, including but not limited to aquatic resources taken:(1) during a closed season provided by federal law;(2) within a protected length limit or in excess of the daily bag limit established by federal law;(3) with any gear or device prohibited by federal law; or(4) without a license or permit required by federal law. Source Note: The provisions of this §57.976 adopted to be effective June 27, 2010, 35 TexReg 5564; amended to be effective September 1, 2013, 38 TexReg 3790. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES N STATEWIDE RECREATIONAL AND COMMERCIAL FISHING PROCLAMATION §57.976 Importation of Aquatic Animal Life https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=168384&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 168384 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=168384&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 168384 03/11/2026 (a) Definitions. For purposes of this section, the following terms shall have the following meanings:(1) Affected area--(A) an area of fresh water containing environmental conditions conducive for alligator gar spawning; or(B) an area of fresh water where alligator gar are in the process of spawning activity.(2) Environmental conditions conducive for alligator gar spawning--the components of a hydrological state (including but not limited to water temperatures, timing and duration of flood events, river discharge rates, and any other factors that are known to be conducive to alligator gar reproduction) that are predictors of the likelihood of spawning activity of alligator gar.(b) The Executive Director shall prohibit the take or attempted take of alligator gar in an affected area and shall provide appropriate notice to the public when the take or attempted take of alligator gar in an affected area is prohibited. The Executive Director shall provide appropriate public notice as to when lawful fishing in the affected area or areas may resume. An action under this section shall not exceed 30 days in duration.(c) No person may take or attempt to take alligator gar by any means in an affected area declared by the Executive Director under subsection (b) of this section until the Executive Director gives notice that the lawful take of alligator gar may resume. Source Note: The provisions of this §57.977 adopted to be effective September 1, 2014, 39 TexReg 6495. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES N STATEWIDE RECREATIONAL AND COMMERCIAL FISHING PROCLAMATION §57.977 Spawning Event Closures https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=168385&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 168385 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=168385&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 168385 03/11/2026 The penalties for a violation of this subchapter are prescribed by Parks and Wildlife Code. Source Note: The provisions of this §57.978 adopted to be effective September 1, 2014, 39 TexReg 6495. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES N STATEWIDE RECREATIONAL AND COMMERCIAL FISHING PROCLAMATION §57.978 Violations and Penalties https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215372&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 215372 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215372&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 215372 03/11/2026 (a) It is unlawful for any person to, upon detaching a shark fin from a shark that is lawfully possessed and being processed in a restaurant or place of business, fail to immediately destroy the shark fin as prescribed in this section. Destroyed shark fins shall be lawfully disposed of, either by a contracted waste removal service or by direct transport to a landfill or waste facility permitted by the Texas Commission on Environmental Quality to receive such material.(b) In this section, the following terms shall have the following meanings:(1) Destroy--to treat a shark fin by immersion in chlorine bleach, acid, or other such chemical or chemical solution for a period of time sufficient to render the shark fin inedible or otherwise unfit for human consumption.(2) Immediately--At once, without delay, promptly. Source Note: The provisions of this §57.979 adopted to be effective October 24, 2023, 48 TexReg 6215. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES N STATEWIDE RECREATIONAL AND COMMERCIAL FISHING PROCLAMATION §57.979 Unlawful Possession of Shark Fins https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146651&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 146651 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146651&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 146651 03/11/2026 The provisions of this division apply to any person who:(1) engages in an activity for which a recreational fishing license is required by Parks and Wildlife Code, Chapter 46; or(2) who is exempt from the license requirement under the provisions of Parks and Wildlife Code, Chapter 46. Source Note: The provisions of this §57.980 adopted to be effective June 27, 2010, 35 TexReg 5564. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES N STATEWIDE RECREATIONAL AND COMMERCIAL FISHING PROCLAMATION §57.980 Application https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225398&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 225398 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225398&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 225398 03/11/2026 (a) For all wildlife resources taken for personal consumption and for which there is a possession limit, the possession limit shall not apply after the wildlife resource has reached the possessor's residence and is finally processed.(b) The possession limit does not apply to fish in the possession of or stored by a person who has an invoice or sales ticket showing the name and address of the seller, number of fish by species, date of the sale, and other information required on a sales ticket or invoice.(c) There are no bag, possession, or length limits on game or non-game fish, except as provided in this subchapter. (1) Possession limits are twice the daily bag limit on game and non-game fish except as otherwise provided in this subchapter. (2) For flounder, the possession limit is the daily bag limit.(3) The bag limit for a guided fishing party is equal to the total number of persons in the boat licensed to fish or otherwise exempt from holding a license minus each fishing guide and fishing guide deckhand multiplied by the bag limit for each species harvested.(4) A person may give, leave, receive, or possess any species of legally taken wildlife resource, or a part of the resource, that is required to have a tag or permit attached or is protected by a bag or possession limit, if the wildlife resource is accompanied by a wildlife resource document (WRD) from the person who took the wildlife resource, provided the person is in compliance with all other applicable provisions of this subchapter and the Parks and Wildlife Code. The properly executed WRD document shall accompany the wildlife resource until it reaches the possessor's residence and is finally processed. The WRD must contain the following information:(A) the name, signature, address, and fishing license number, as required of the person who killed or caught the wildlife resource;(B) the name of the person receiving the wildlife resource; (C) a description of the wildlife resource (number and type of species or parts); and(D) the location where the wildlife resource was killed or caught (name of ranch; area; lake, bay or stream; and county).(5) Except as provided in subsection (d) of this section, the statewide daily bag and length limits shall be as follows. (A) Amberjack, greater.(i) Daily bag limit: 1.(ii) Minimum length limit: 38 inches.(iii) Maximum length limit: No limit.(B) Bass:(i) The daily bag limit for largemouth, smallmouth, spotted, Alabama, and Guadalupe is 5, in any combination.(ii) Alabama, Guadalupe, and spotted.(I) No minimum length limit.(II) No maximum length limit.(iii) Largemouth and smallmouth.(I) Minimum length limit: 14 inches.(II) No maximum length limit.(iv) Striped and their hybrids.(I) Daily bag limit: 5 (in any combination).(II) Minimum length limit: 18 inches.(III) No maximum length limit.(v) White.(I) Daily bag limit: 25.(II) Minimum length limit: 10 inches.(IIII) No maximum length limit.(C) Catfish:(i) channel and blue (including hybrids and subspecies).(I) Daily bag limit: 25 (in any combination).(II) No minimum length limit.(III) No maximum length limit.(IV) It is unlawful to retain more than 10 channel and blue catfish, in the aggregate, of 20 inches or greater in length.(ii) flathead.(I) Daily bag limit: 5.(II) Minimum length limit: 18 inches.(III) No maximum length limit.(iii) gafftopsail.(I) No daily bag limit.(II) Minimum length limit: 14 inches.(III) No maximum length limit.(D) Cobia.(i) Daily bag limit: 1.(ii) Minimum length limit: 40 inches.(iii) No maximum length limit.(E) Crappie, black and white (including hybrids and subspecies).(i) Daily bag limit: 25.(ii) Minimum length limit: 10 inches.(iii) No maximum length limit.(F) Drum, black.(i) Daily bag limit: 5.(ii) Minimum length limit: 14 inches.(iii) Maximum length limit: 30 inches.(iv) One black drum over 52 inches may be retained per day as part of the five-fish bag limit.(G) Drum, red.(i) Daily bag limit: 3.(ii) Minimum length limit: 20 inches.(iii) Maximum length limit: 28 inches.(iv) Except as provided in this subparagraph for red drum taken under a digital product issued under the provisions of §53.18 of this title (relating to Digital Products), one red drum exceeding the maximum length limit established by this subparagraph may be retained per license year when affixed with a properly executed Red Drum Tag, a properly executed Exempt Angler Red Drum Tag, or with a properly executed Duplicate Exempt Red Drum Tag, and one red drum over the stated maximum length limit may be retained when affixed with a properly executed Bonus Red Drum Tag. Any fish retained under authority of a Red Drum Tag, an Exempt Angler Red Drum Tag, a Duplicate Exempt Red Drum Tag, or a Bonus Red Drum Tag may be retained in addition to the daily bag and possession limit as provided in this section.(v) A person who lawfully takes a red drum exceeding the maximum length limit under a digital product issued under the provisions of §53.18 of this title is exempt from any requirement of Parks and Wildlife Code or this subchapter regarding the use of physical tags for that species; however, that person shall immediately upon take ensure that a harvest report is created and submitted via a mobile or web application provided by the department for that purpose. If the absence of data connectivity prevents the receipt of a confirmation number from the department following the report required by this subparagraph, the person who took the red drum is responsible for ensuring that the report required by this subparagraph is uploaded to the department immediately upon the availability of network connectivity.(vi) It is an offense for any person to possess a red drum exceeding the maximum length established by this subparagraph under a digital product option without being in immediate physical possession of an electronic device that is:(I) loaded with the mobile or web application designated by the department for harvest reporting under this subsection; and(II) capable of uploading the harvest report required by this subsection.(vii) A person who is fishing under a license identified in §53.4(a)(1) of this title and selected the fulfilment of physical tags must comply with the tagging requirements of this chapter that are applicable to the tagging of red drum under a license that is not a digital license.(H) Flounder: all species (including hybrids and subspecies). (i) Daily bag limit: 5.(ii) Minimum length limit: 15 inches.(iii) No maximum length limit.(iv) During November, lawful means are restricted to pole-and-line only and the bag and possession limit for flounder is two. For the first 14 days in December, the bag and possession limit is two, and flounder may be taken by any legal means. On September 1, 2021, the provisions of this clause cease effect.(v) Beginning September 1, 2021, the season for flounder is closed from November 1 through December 14 every year.(I) Gar, alligator.(i) Daily bag limit: 1.(ii) No minimum length limit.(iii) No maximum length limit.(iv) During May, no person shall take alligator gar from, or possess alligator gar while on, the Red River (including Lake Texoma) and all tributaries that drain directly or indirectly to the Red River on the Texas/Oklahoma border in Cooke, Grayson, Fannin, Lamar, Red River, and Bowie counties.(v) Any person who takes an alligator gar in the public waters of this state other than Falcon International Reservoir shall report the harvest via the department's website or mobile application within 24 hours of take.(vi) Between one half-hour after sunset and one half-hour before sunrise, any lawful means other than lawful archery equipment and crossbow may be used to take an alligator gar in the portion of the Trinity River described in subsection (d)(1)(L)(ii) of this section, except for persons selected for opportunity as provided in §57.972(j) of this title (relating to General Provisions).(vii) Except for persons selected for opportunity as provided in §57.972(j) of this title, no person in the portion of the Trinity River described in subsection (d)(1)(L)(ii) of this section may take an alligator gar by means of lawful archery equipment or crossbow between one half-hour after sunset and one half-hour before sunrise, or possess an alligator gar taken by means of lawful archery equipment or crossbow between one half-hour after sunset and one half-hour before sunrise.(J) Grouper.(i) Black.(I) Daily bag limit: 4.(II) Minimum length limit: 24 inches.(III) No maximum length limit.(ii) Gag.(I) Daily bag limit: 2.(II) Minimum length limit: 24 inches.(III) No maximum length limit.(iii) Goliath. The take of Goliath grouper is prohibited.(iv) Nassau. The take of Nassau grouper is prohibited.(K) Mackerel.(i) King.(I) Daily bag limit: 3.(II) Minimum length limit: 27 inches.(III) No maximum length limit.(ii) Spanish.(I) Daily bag limit: 15.(II) Minimum length limit: 14 inches.(III) No maximum length limit.(L) Marlin.(i) Blue.(I) No daily bag limit.(II) Minimum length limit: 131 inches.(III) No maximum length limit.(ii) White.(I) No daily bag limit.(II) Minimum length limit: 86 inches.(III) No maximum length limit.(M) Mullet: all species (including hybrids and subspecies). (i) No daily bag limit.(ii) No minimum length limit.(iii) From October through January, no mullet more than 12 inches in length may be taken from public waters or possessed on board a vessel.(N) Sailfish.(i) No daily bag limit.(ii) Minimum length limit: 84 inches.(iii) No maximum length limit.(O) Seatrout, spotted.(i) Daily bag limit: 3.(ii) Minimum length limit: 15 inches.(iii) Maximum length limit: 20 inches.(iv) Except as provided in clause (iv)(II) of this subparagraph, a person may retain one spotted seatrout greater than 28 inches per license year. A spotted seatrout retained under this clause counts as part of the daily bag and possession limit.(v) During a license year, a person fishing under an appropriate physical product may:(I) retain one spotted seatrout exceeding the length limit established by clause (iv) this subparagraph, provided a properly executed Spotted Seatrout Tag, a properly executed Exempt Angler Spotted Seatrout Tag, or a properly executed Duplicate Exempt Spotted Seatrout Tag has been affixed to the fish; and(II) additionally, may retain one spotted seatrout exceeding the length limit established by clause (iv) of this subparagraph in addition to a spotted seatrout retained under the provisions of subclause (I) of this clause, provided a properly executed Bonus Spotted Seatrout Tag or properly executed Duplicate Bonus Spotted Seatrout Tag has been affixed to the fish. (vi) It is an offense for any person to possess a spotted seatrout exceeding the length limit established by clause (iv) of this subparagraph under a digital product issued under the provisions of §53.18 of this title (relating to Digital Products) without being in immediate physical possession of an electronic device that is:(I) loaded with the mobile or web application designated by the department for harvest reporting under this section; and(II) capable of uploading the harvest report required by this section.(vii) A person who takes a spotted seatrout under a digital product issued under the provisions of §53.18 of this title or under a lifetime license with the digital tagging option provided by §53.4(a)(1) of this title (relating to Lifetime Licenses) that exceeds the length limit established by clause (iv) of this subparagraph is exempt from any requirement of Parks and Wildlife Code or this subchapter regarding the use of physical license products for spotted seatrout; however, that person shall immediately upon take ensure that a harvest report is created and submitted via a mobile or web application provided by the department for that purpose. If the absence of data connectivity prevents the receipt of a confirmation number from the department following the report required by this subparagraph, the person who took the spotted seatrout is responsible for ensuring that the report required by this subsection is uploaded to the department immediately upon the availability of network connectivity. (viii) A person who is fishing under a license identified in §53.4(a)(1) of this title and selected the fulfilment of physical tags must comply with the tagging requirements of this chapter that are applicable to the tagging of spotted seatrout. (P) Shark: all species (including hybrids and subspecies). (i) all species other than the species listed in clauses (ii) - (iv) of this subparagraph:(I) Daily bag limit: 1.(II) Minimum length limit: 64 inches.(III) No maximum length limit.(ii) Atlantic sharpnose, blacktip, and bonnethead:(I) Daily bag limit: 1.(II) Minimum length limit: 24 inches.(III) No maximum length limit.(iii) great, scalloped, and smooth hammerhead:(I) Daily bag limit: 1.(II) Minimum length limit: 99 inches.(III) No maximum length limit.(iv) The take of the following species of sharks from the waters of this state is prohibited and they may not be possessed on board a vessel at any time:(I) Atlantic angel;(II) Basking;(III) Bigeye sand tiger;(IV) Bigeye sixgill;(V) Bigeye thresher;(VI) Bignose;(VII) Caribbean reef;(VIII) Caribbean sharpnose;(IX) Dusky;(X) Galapagos;(XI) Longfin mako;(XII) Narrowtooth;(XIII) Night;(XIV) Sandbar;(XV) Sand tiger;(XVI) Sevengill;(XVII) Shortfin mako;(XVIII) Silky;(XIX) Sixgill;(XX) Smalltail;(XXI) Whale; and(XXII) White.(v) Except for the species listed in clauses (ii) - (iv) of this subparagraph, sharks may be taken using pole and line, but must be taken by non-offset, non-stainless-steel circle hook when using natural bait.(Q) Sheepshead.(i) Daily bag limit: 5.(ii) Minimum length limit: 15 inches.(iii) No maximum length limit.(R) Snapper.(i) Lane.(I) Daily bag limit: None.(II) Minimum length limit: 8 inches.(III) No maximum length limit.(ii) Red.(I) Daily bag limit: 4.(II) Minimum length limit: 15 inches.(III) No maximum length limit.(IV) Red snapper may be taken using pole and line, but it is unlawful to use any kind of hook other than a circle hook baited with natural bait.(V) During the period of time when the federal waters in the Exclusive Economic Zone (EEZ) are open for the recreational take of red snapper:(-a-) the bag limit for red snapper caught in the EEZ is two, and the minimum length limit is 16 inches; and(-b-) red snapper caught in the EEZ shall count as part of the bag limit established in subclause (I) of this clause.(iii) Vermilion.(I) Daily bag limit: None.(II) Minimum length limit: 10 inches.(III) No maximum length limit.(S) Snook.(i) Daily bag limit: 1.(ii) Minimum length limit: 24 inches.(iii) Maximum length limit: 28 inches.(T) Tarpon.(i) Daily bag limit: 1.(ii) Minimum length limit: 85 inches.(iii) No maximum length limit.(U) Triggerfish, gray.(i) Daily bag limit: 20.(ii) Minimum length limit: 16 inches.(iii) No maximum length limit.(V) Tripletail.(i) Daily bag limit: 3.(ii) Minimum length limit: 17 inches.(iii) No maximum length limit.(W) Trout (rainbow and brown trout, including their hybrids and subspecies).(i) Daily bag limit: 5 (in any combination).(ii) No minimum length limit.(iii) No maximum length limit.(X) Walleye and Saugeye.(i) Daily bag limit: 5.(ii) No minimum length limit.(iii) No maximum length limit.(iv) Two walleye or saugeye of less than 16 inches may be retained.(d) Exceptions to statewide daily bag, possession, and length limits shall be as follows:(1) Freshwater species.(A) Bass: largemouth, smallmouth, spotted, and Guadalupe (including their hybrids and subspecies). Devils River (Val Verde County) from State Highway 163 bridge crossing (Bakers Crossing) to the confluence with Big Satan Creek including all tributaries within these boundaries and all waters in the Lost Maples State Natural Area (Bandera County).(i) Daily bag limit: 0.(ii) No minimum length limit.(iii) Catch and release only.(B) Bass: largemouth and spotted.(i) Caddo Lake (Marion and Harrison counties).(I) Daily bag limit: 8 (in any combination with spotted bass).(II) Minimum length limit: 14 - 18 inch slot limit (largemouth bass); no limit for spotted bass.(III) It is unlawful to retain largemouth bass between 14 and 18 inches. No more than 4 largemouth bass 18 inches or longer may be retained. Possession limit is 10.(ii) Toledo Bend Reservoir (Newton, Sabine, and Shelby counties).(I) Daily bag limit: 8 (in any combination with spotted bass).(II) Minimum length limit: 14 inches (largemouth bass); no limit for spotted bass. Possession limit is 10.(iii) Sabine River (Newton and Orange counties) from Toledo Bend dam to a line across Sabine Pass between Texas Point and Louisiana Point.(I) Daily bag limit: 8 (in any combination with spotted bass).(II) Minimum length limit: 12 inches (largemouth bass); no limit for spotted bass. Possession limit is 10.(C) Bass: largemouth(i) Chambers, Hardin, Galveston, Jefferson, Liberty (south of U.S. Highway 90), Newton (excluding Toledo Bend Reservoir), and Orange counties including any public waters that form boundaries with adjacent counties.(I) Daily bag limit: 5.(II) Minimum length limit: 12 inches.(ii) Lake Conroe (Montgomery and Walker counties).(I) Daily bag limit: 5.(II) Minimum length limit: 16 inches.(iii) Lakes Bellwood (Smith County), Bois d'Arc (Fannin County), Davy Crockett (Fannin County), Kurth (Angelina County), Mill Creek (Van Zandt County), Moss (Cooke), Nacogdoches (Nacogdoches County), Naconiche (Nacogdoches County), Purtis Creek State Park (Henderson and Van Zandt counties), and Raven (Walker).(I) Daily bag limit: 5.(II) Maximum length limit: 16 inches.(III) It is unlawful to retain largemouth bass of greater than 16 inches in length. Largemouth bass 24 inches or greater in length may be retained in a live well or other aerated holding device for purposes of weighing but may not be removed from the immediate vicinity of the lake. After weighing the bass must be released immediately back into the lake unless the department has instructed that the bass be kept for donation to the ShareLunker Program.(iv) Lakes Casa Blanca (Webb County), Fairfield (Freestone County), Gilmer (Upshur County), Marine Creek Reservoir (Tarrant County), Pflugerville (Travis County), and Welsh (Titus County).(I) Daily bag limit: 5.(II) Minimum length limit: 18 inches.(v) Generations Park (Tarrant County), Buck Lake (Kimble County), Lake Forest Park (Denton County), Lake Kyle (Hays County), and Nelson Park Lake (Taylor County).(I) Daily bag limit: 0.(II) Minimum length limit: No limit.(III) Catch and release only.(vi) Lakes Alan Henry (Garza County), Grapevine (Denton and Tarrant counties), Jacksonville (Cherokee County), and O.H. Ivie Reservoir (Coleman, Concho, and Runnels counties).(I) Daily bag limit: 5.(II) Minimum length limit: No limit.(III) It is unlawful to retain more than two bass of less than 18 inches in length.(vii) Lakes Athens (Henderson County), Bastrop (Bastrop County), Houston County (Houston County), Joe Pool (Dallas, Ellis, and Tarrant counties), Lady Bird (Travis County), Murvaul (Panola County), Pinkston (Shelby County), Timpson (Shelby County), Walter E. Long (Travis County), and Wheeler Branch (Somervell County).(I) Daily bag limit: 5.(II) Minimum length limit: 14 - 21 inch slot limit.(III) It is unlawful to retain largemouth bass between 14 and 21 inches in length. No more than 1 bass 21 inches or greater in length may be retained each day.(viii) Lakes Fayette County (Fayette County), Fork (Wood Rains and Hopkins counties), and Monticello (Titus County).(I) Daily bag limit: 5.(II) Minimum length limit: 16 - 24 inch slot limit.(III) It is unlawful to retain largemouth bass between 16 and 24 inches in length. No more than 1 bass 24 inches or greater in length may be retained each day.(D) Bass: striped and their hybrids.(i) Sabine River (Newton and Orange counties) from Toledo Bend dam to I.H. 10 bridge and Toledo Bend Reservoir (Newton, Sabine, and Shelby counties).(I) Daily bag limit: 5.(II) Minimum length limit: No limit.(III) No more than 2 striped bass 30 inches or greater in length may be retained each day.(ii) Lake Texoma (Cooke and Grayson counties).(I) Daily bag limit: 10 (in any combination).(II) Minimum length limit: No limit.(III) No more than 2 striped or hybrid striped bass 20 inches or greater in length may be retained each day. Striped or hybrid striped bass caught and placed on a stringer in a live well or any other holding device become part of the daily bag limit and may not be released. Possession limit is 20.(iii) Red River (Grayson County) from Denison Dam downstream to and including Shawnee Creek (Grayson County).(I) Daily bag limit: 5 (in any combination).(II) Minimum length limit: No limit.(III) Striped bass caught and placed on a stringer in a live well or any other holding device become part of the daily bag limit and may not be released.(iv) Trinity River (Polk and San Jacinto counties) from the Lake Livingston dam downstream to the F.M. 3278 bridge.(I) Daily bag limit: 2 (in any combination).(II) Minimum length limit: 18 inches.(E) Bass: white. Lakes Caddo (Harrison and Marion counties), Texoma (Cooke and Grayson counties), and Toledo Bend (Newton Sabine and Shelby counties) and Sabine River (Newton and Orange counties) from Toledo Bend dam to I.H. 10 bridge.(i) Daily bag limit: 25.(ii) Minimum length limit: No limit.(F) Carp: common. Lady Bird Lake (Travis County).(i) Daily bag limit: No limit.(ii) Minimum length limit: No limit.(iii) It is unlawful to retain more than one common carp of 33 inches or longer per day.(G) Catfish: channel and blue catfish, their hybrids and subspecies.(i) Lake Kyle (Hays County).(I) Daily bag limit: 0.(II) Minimum length limit: No limit.(III) Catch and release and only.(ii) Trinity River (Polk and San Jacinto counties) from the Lake Livingston dam downstream to the F.M. 3278 bridge.(I) Daily bag limit: 10 (in any combination).(II) Minimum length limit: 12 inches.(III) No more than 2 channel or blue catfish 24 inches or greater in length may be retained each day.(iii) Lakes Caddo (Harrison and Marion counties), Livingston (Polk, San Jacinto, Trinity, and Walker counties), Sam Rayburn (Angelina, Jasper, Nacogdoches, Sabine, and San Augustine counties), and Toledo Bend (Newton, Sabine and Shelby counties) and the Sabine River (Newton and Orange counties) from Toledo Bend dam to the I.H. 10 bridge.(I) Daily bag limit: 50 (in any combination).(II) Minimum length limit: No limit.(III) No more than five catfish 30 inches or greater in length may be retained each day.(IV) Possession limit is 50.(iv) Lake Texoma (Cooke and Grayson counties) and the Red River (Grayson County) from Denison Dam to and including Shawnee Creek (Grayson County).(I) Daily bag limit: 15 (in any combination).(II) Minimum length limit: No limit.(III) No more than one blue catfish 30 inches or greater in length may be retained each day.(v) Lakes Belton (Bell and Coryell counties), Bob Sandlin (Camp, Franklin, and Titus counties), Conroe (Montgomery and Walker counties), Hubbard Creek (Stephens County), Kirby (Taylor County), Lavon (Collin County), Lewisville (Denton County), Palestine (Cherokee, Anderson, Henderson, and Smith counties), Ray Hubbard (Collin, Dallas, Kaufman, and Rockwall counties), Richland-Chambers (Freestone and Navarro counties), Tawakoni (Hunt, Rains, and Van Zandt counties), and Waco (McClennan).(I) Daily bag limit: 25 (in any combination).(II) Minimum length limit: No limit.(III) No more than five blue or channel catfish 20 inches or greater may be retained each day, and of these, no more than one can be 30 inches or greater in length.(vi) Lakes Abilene (Taylor County), Braunig (Bexar County), Calaveras (Bexar County), Choke Canyon (Live Oak and McMullen counties), Fayette County (Fayette County), Proctor (Comanche County), Raven (Walker County), and Sheldon (Harris County).(I) Daily bag limit: 15 (in any combination).(II) Minimum length limit: 14 inches.(H) Catfish: flathead.(i) Lake Texoma (Cooke and Grayson counties) and the Red River (Grayson County) from Denison Dam to and including Shawnee Creek (Grayson County).(I) Daily bag limit: 5.(II) Minimum length limit: No limit.(ii) Lakes Caddo (Harrison and Marion counties) and Toledo Bend (Newton, Sabine, and Shelby) and the Sabine River (Newton and Orange counties) from Toledo Bend dam to the I.H. 10 bridge.(I) Daily bag limit: 10.(II) Minimum length limit: 18 inches.(III) Possession limit: 10.(I) Crappie: black and white crappie their hybrids and subspecies.(i) Caddo Lake (Harrison and Marion counties), Toledo Bend Reservoir (Newton Sabine and Shelby counties), and the Sabine River (Newton and Orange counties) from Toledo Bend dam to the I.H. 10 bridge.(I) Daily bag limit: 25 (in any combination).(II) Minimum length limit: No limit.(ii) Lake Fork (Wood, Rains, and Hopkins counties) and Lake O' The Pines (Camp, Harrison, Marion, Morris, and Upshur counties).(I) Daily bag limit: 25 (in any combination).(II) Minimum length limit: 10 inches.(III) From December 1 through the last day in February there is no minimum length limit. All crappie caught during this period must be retained.(iii) Lake Texoma (Cooke and Grayson counties).(I) Daily bag limit: 37 (in any combination).(II) Minimum length limit: 10 inches.(III) Possession limit is 50.(iv) Lake Nasworthy (Tom Green County).(I) Daily bag limit: 25 (in any combination).(II) Minimum length limit: No limit.(III) Possession limit is 50.(J) Drum, red. Lakes Braunig and Calaveras (Bexar County). (i) Daily bag limit: 3.(ii) Minimum length limit: 20.(iii) No maximum length limit.(K) Gar, alligator.(i) Falcon International Reservoir (Starr and Zapata counties).(I) Daily bag limit: 5.(II) No minimum length limit.(III) No maximum length limit.(ii) On the Trinity River and all tributary waters from the I-30 bridge in Dallas County downstream through Anderson, Ellis, Freestone, Henderson, Houston, Kaufman, Leon, Liberty, Madison, Navarro, Polk, San Jacinto, Trinity, and Walker counties to the I-10 bridge in Chambers County, including the East Fork of the Trinity River and all tributaries upstream to the Lake Ray Hubbard dam, the maximum length limit is 48 inches, except for persons selected by a department-administered drawing authorizing the take of a gar in excess of 48 inches in length.(iii) During May, no person shall take alligator gar from, or possess alligator gar while on, the Red River (including Lake Texoma) and all tributaries that drain directly or indirectly to the Red River on the Texas/Oklahoma border in Cooke, Grayson, Fannin, Lamar, Red River, and Bowie counties.(L) Shad gizzard and threadfin. Trinity River below Lake Livingston (Polk and San Jacinto counties).(i) Daily bag limit: 500 (in any combination).(ii) No minimum length limit.(iii) Possession limit: 1000 (in any combination).(M) Sunfish: all species. Lake Kyle (Hays County).(i) Daily bag limit: 0.(ii) Minimum length limit: No limit.(iii) Catch and release and only.(N) Trout: rainbow and brown trout (including hybrids and subspecies).(i) Guadalupe River (Comal County) from the second bridge crossing on the River Road upstream to the easternmost bridge crossing on F.M. 306.(I) Daily bag limit: 1.(II) Minimum length limit: 18 inches.(ii) Guadalupe River (Comal County) from the easternmost bridge crossing on F.M. 306 upstream to 800 yards below the Canyon Lake dam.(I) Daily bag limit: 5.(II) Minimum length limit: 12 - 18 inch slot limit.(III) It is unlawful to retain trout between 12 and 18 inches in length. No more than one trout 18 inches or greater in length may be retained each day.(2) Except as specifically provided elsewhere in this subchapter, the daily bag limit on the waterbodies enumerated in this paragraph is 5 fish (all species combined), to include not more than 1 black bass (Micropterus spp.) of 14 inches or greater in length.(A) All CFLs;(B) Brushy Creek (Williamson County) from the Brushy Creek Reservoir dam downstream to the Williamson/Milam county line;(C) Canyon Lake Project #6 (Lubbock County);(D) Deputy Darren Goforth Park Lake (Harris County);(E) Elm (Brazos Bend State Park in Fort Bend County);(F) Pilant (Brazos Bend State Park in Fort Bend County);(G) Tucker Lake (Stephens and Palo Pinto counties);(H) North Concho River (Tom Green County) from O.C. Fisher Dam to Bell Street Dam; and(I) South Concho River (Tom Green County) from Lone Wolf Dam to Bell Street Dam.(3) Saltwater species. There are no exceptions to the provisions established in subsection (c)(5) of this section. Source Note: The provisions of this §57.981 adopted to be effective June 27, 2010, 35 TexReg 5564; amended to be effective August 29, 2011, 36 TexReg 5363; amended to be effective September 1, 2012, 37 TexReg 6597; amended to be effective September 1, 2013, 38 TexReg 3790; amended to be effective September 1, 2014, 39 TexReg 6495; amended to be effective September 1, 2015, 40 TexReg 4695; amended to be effective September 1, 2016, 41 TexReg 6048; amended to be effective September 1, 2017, 42 TexReg 3389; amended to be effective September 1, 2018, 43 TexReg 3598 amended to be effective September 1, 2019, 44 TexReg 4486; amended to be effective September 1, 2020, 45 TexReg 5641; amended to be effective September 1, 2021, 46 TexReg 5048; amended to be effective January 18, 2022, 47 TexReg 94; amended to be effective September 1, 2022, 47 TexReg 3973; amended to be effective July 11, 2023, 48 TexReg 3685; amended to be effective March 24, 2024, 49 TexReg 1724; amended to be effective September 1, 2025, 50 TexReg 4088. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES N STATEWIDE RECREATIONAL AND COMMERCIAL FISHING PROCLAMATION §57.981 Bag, Possession, and Length Limits https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=162280&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 162280 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=162280&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 162280 03/11/2026 (a) It is unlawful while fishing on public waters to have in possession crabs or ghost shrimp in excess of the daily bag limit as established for those waters.(b) There are no bag, possession, or size limits on crabs or ghost shrimp except as provided in this subchapter.(c) It is unlawful to:(1) possess egg-bearing (sponge) crabs or stone crabs;(2) possess blue crabs less than five inches in width (measured across the widest point of the body from tip of spine to tip of spine) except that not more than 5.0%, by number, of undersized crabs may be possessed for bait purposes only, if placed in a separate container at the time of taking;(3) remove or possess the left claw from a stone crab (each retained claw must be at least 2-1/2 inches long as measured from the tip of the immovable claw to the first joint behind the claw);(4) fail to return immediately a stone crab to the waters where caught;(5) buy or sell a female crab that has its abdominal apron detached; or(6) possess more than 20 ghost shrimp (Callichiris islagrande) per person.(d) It is unlawful to place, fish, or leave a crab trap or crab trap component in the coastal waters of the state from the third Friday in February for 10 consecutive days.(e) There are no places closed for the taking of crabs except as provided in this subchapter. Source Note: The provisions of this §57.982 adopted to be effective June 27, 2010, 35 TexReg 5564; amended to be effective September 1, 2013, 38 TexReg 3790. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES N STATEWIDE RECREATIONAL AND COMMERCIAL FISHING PROCLAMATION §57.982 Crabs and Ghost Shrimp https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146655&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 146655 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146655&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 146655 03/11/2026 The provisions of this division apply to any person who engages in an activity for which a commercial fishing license is required by statute or this subchapter. Source Note: The provisions of this §57.990 adopted to be effective June 27, 2010, 35 TexReg 5564. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES N STATEWIDE RECREATIONAL AND COMMERCIAL FISHING PROCLAMATION §57.990 Applicability https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146656&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 146656 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146656&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 146656 03/11/2026 (a) The commercial seasons for finfish species listed in this section and caught in Texas waters shall run concurrently with commercial seasons established for the same species caught in federal waters of the Exclusive Economic Zone (EEZ).(b) The commercial fishing season in the EEZ will be set by the National Marine Fisheries Service for:(1) red snapper under guidelines established by the Fishery Management Plan for Reef Fish Resources for the Gulf of Mexico;(2) king mackerel under guidelines established by the Fishery Management Plan for Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic; and(3) sharks (all species, their hybrids and subspecies) under guidelines established by the Fishery Management Plan for Highly Migratory Species.(c) When federal and/or state waters are closed, it is unlawful to:(1) purchase, barter, trade or sell finfish species listed in this section landed in this state;(2) transfer at sea finfish species listed in this section caught or possessed in the waters of this state; or(3) possess finfish species listed in this section in excess of the current recreational bag or possession limit in or on the waters of this state. Source Note: The provisions of this §57.991 adopted to be effective June 27, 2010, 35 TexReg 5564. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES N STATEWIDE RECREATIONAL AND COMMERCIAL FISHING PROCLAMATION §57.991 Commercial Fishing Seasons https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225397&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 225397 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225397&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 225397 03/11/2026 (a) The possession limit applies to all aquatic animal life in the possession of or stored by any person, but does not apply to aquatic animal life that has been lawfully obtained and for which a person possesses an invoice or sales ticket showing the name and address of the seller or person from whom the aquatic animal life was obtained, the amount of aquatic animal life by number and species, date of the sale, and any other information required on a sales ticket or invoice.(b) There are no bag, possession, or length limits on game fish, non-game fish, or shellfish, except as otherwise provided in this subchapter. (1) Possession limits are twice the daily bag limit on game fish, non-game fish, and shellfish, except as provided in this subchapter. (2) For flounder, the possession limit is the daily bag limit. (3) The bag limit for a guided fishing party is equal to the total number of persons in the boat licensed to fish or otherwise exempt from holding a license minus each fishing guide and fishing guide deckhand multiplied by the bag limit for each species harvested. (4) The statewide daily bag and length limits for commercial fishing shall be as follows.(A) Amberjack, greater. (i) Daily bag limit: 1.(ii) Minimum length: 40 inches.(iii) Maximum length limit: No limit. (B) Catfish. (i) channel and blue (including hybrids and subspecies). The provisions of subclauses (I) - (III) of this clause apply on all waters for which an exception is not provided under subclause (IV) of this clause. (I) Daily bag limit: 25 (in any combination). (II) Minimum length limit: 14 inches. (III) No maximum length limit.(IV) Exceptions. (-a-) Lakes Caddo (Harrison and Marion counties), Livingston (Polk, San Jacinto, Trinity, and Walker counties), Sam Rayburn (Angelina, Jasper, Nacogdoches, Sabine, and San Augustine counties), and Toledo Bend (Newton Sabine, and Shelby counties), and the Sabine River (Newton and Orange counties) from Toledo Bend dam to the I.H. 10 bridge.(-1-) 50 (in any combination). (-2-) No more than five catfish 30 inches or greater in length may be retained each day.(-b-) Any lake lying totally within a state park and community fishing lakes: 5 (in any combination). (-c-) Counties where sale and purchase of catfish taken from public fresh water is allowed under the provisions of Parks and Wildlife Code, §66.111(b)(5): 25 (in any combination). (ii) Gaffstopsail. (I) No daily bag limit. (II) Minimum length limit: 14 inches. (III) No maximum length limit. (C) Cobia. (i) Daily bag limit: 1. (ii) Minimum length limit: 40 inches. (iii) No maximum length limit. (D) Drum, black. (i) Daily bag limit: None. (ii) Minimum length limit: 14 inches. (iii) Maximum length limit: 30 inches. (E) Flounder: all species (including hybrids and subspecies). (i) Daily bag limit: 30. Possession limit is equal to the daily bag limit. (ii) Minimum length limit: 15 inches.(iii) No maximum length limit. (iv) During November, lawful means are restricted to pole-and-line only and the bag and possession limit for flounder is two. For the first 14 days in December, the bag and possession limit is two, and flounder may be taken by any legal means. On September 1, 2021, the provisions of this clause cease effect.(v) Beginning September 1, 2021, the season for flounder is closed from November 1 through December 14 every year.(F) Gar, alligator.(i) Daily bag limit: (I) On Falcon International Reservoir: 5. (II) Remainder of the state: 1. (ii) No minimum length limit. (iii) No maximum length limit except that on the Trinity River and all tributary waters from the I-30 bridge in Dallas County downstream through Anderson, Ellis, Freestone, Henderson, Houston, Kaufman, Leon, Liberty, Madison, Navarro, Polk, San Jacinto, Trinity, and Walker counties to the I-10 bridge in Chambers County, including the East Fork of the Trinity River and all tributaries upstream to the Lake Ray Hubbard dam, the maximum length limit is 48 inches.(iv) During May, no person shall take alligator gar from, or possess alligator gar while on, the Red River (including Lake Texoma) and all tributaries that drain directly or indirectly to the Red River on the Texas/Oklahoma boundary in Cooke, Grayson, Fannin, Lamar, Red River, and Bowie counties.(v) any person who takes an alligator gar in the public waters of this state other than Falcon International Reservoir shall report the harvest via the department's website or mobile application within 24 hours of take. (vi) Between one half-hour after sunset and one half-hour before sunrise, any lawful means other than lawful archery equipment and crossbow may be used to take an alligator gar in the portion of the Trinity River described in subsection (d)(1)(L)(ii) of this section. In the portion of the Trinity River described in §57.981(d)(1)(L)(ii) of this title (relating to Bag, Possession and Length Limits), no person may take an alligator gar by means of lawful archery equipment or crossbow between one half-hour after sunset and one half-hour before sunrise, or possess an alligator gar taken by means of lawful archery equipment or crossbow between one half-hour after sunset and one half-hour before sunrise. (G) Grouper. (i) Black. (I) Daily bag limit: 4. (II) Minimum length limit: 24 inches. (III) No maximum length limit. (ii) Gag. (I) Daily bag limit: 2. (II) Minimum length limit: 24 inches. (III) No maximum length limit. (iii) Goliath. The take of Goliath grouper is prohibited. (iv) Nassau. The take of Nassau grouper is prohibited. (H) Mackerel. (i) King. (I) Daily bag limit: 3. (II) Minimum length limit: 27 inches. (III) No maximum length limit. (ii) Spanish. (I) Daily bag limit: 15. (II) Minimum length limit: 14 inches. (III) No maximum length limit. (I) Mullet: all species (including hybrids, and subspecies). (i) No daily bag limit. (ii) No minimum length limit. (iii) From October through January, no mullet more than 12 inches in length may be taken from public waters or possessed on board a vessel. (J) Shark: all species (including hybrids and subspecies). (i) all species other than the species listed in clauses (ii) - (iv) of this subparagraph: (I) Daily bag limit: 1. (II) Minimum length limit: 64 inches. (III) No maximum length limit. (ii) Atlantic sharpnose, blacktip, and bonnethead: (I) Daily bag limit: 1. (II) Minimum length limit: 24 inches. (III) No maximum length limit. (iii) great, scalloped, and smooth hammerhead: (I) Daily bag limit: 1. (II) Minimum length limit: 99 inches. (III) No maximum length limit. (iv) The take of the following species of sharks from the waters of this state is prohibited and they may not be possessed on board a vessel at any time: (I) Atlantic angel; (II) Basking; (III) Bigeye sand tiger; (IV) Bigeye sixgill; (V) Bigeye thresher; (VI) Bignose; (VII) Caribbean reef; (VIII) Caribbean sharpnose; (IX) Dusky; (X) Galapagos; (XI) Longfin mako; (XII) Narrowtooth; (XIII) Night; (XIV) Sandbar; (XV) Sand tiger; (XVI) Sevengill; (XVII) Shortfin mako;(XVIII) Silky; (XIX) Sixgill; (XX) Smalltail; (XXI) Whale; and (XXII) White. (v) Except for the species listed in clause (ii) - (iv) of this subparagraph, sharks may be taken using pole and line, but must be taken by non-offset, non-stainless-steel circle hook when using natural bait. (K) Sheepshead. (i) Daily bag limit: No limit. (ii) Minimum length limit: 15 inches. (iii) No maximum length limit. (L) Snapper. (i) Lane. (I) Daily bag limit: None. (II) Minimum length limit: 8 inches. (III) No maximum length limit. (ii) Red. (I) Daily bag limit: 4. (II) Minimum length limit: 15 inches. (III) No maximum length limit. (IV) Red snapper may be taken using pole and line, but it is unlawful to use any kind of hook other than a circle hook baited with natural bait. (iii) Vermilion. (I) Daily bag limit: None. (II) Minimum length limit: 10 inches. (III) No maximum length limit. (M) Triggerfish, gray. (i) Daily bag limit: 20. (ii) Minimum length limit: 16 inches. (iii) No maximum length limit. (N) Tripletail. (i) Daily bag limit: 3. (ii) Minimum length limit: 17 inches. (iii) No maximum length limit. Source Note: The provisions of this §57.992 adopted to be effective June 27, 2010, 35 TexReg 5564; amended to be effective August 29, 2011, 36 TexReg 5363; amended to be effective September 1, 2013, 38 TexReg 3790; amended to be effective September 1, 2014, 39 TexReg 6495; amended to be effective September 1, 2015, 40 TexReg 4695; amended to be effective September 1, 2017, 42 TexReg 3389; amended to be effective September 1, 2018, 43 TexReg 3598; amended to be effective September 1, 2019, 44 TexReg 4486; amended to be effective September 1, 2020, 45 TexReg 5641; amended to be effective September 1, 2021, 46 TexReg 5048; amended to be effective September 1, 2022, 47 TexReg 3973; amended to be effective July 11, 2023, 48 TexReg 3685; amended to be effective September 1, 2025, 50 TexReg 4088. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES N STATEWIDE RECREATIONAL AND COMMERCIAL FISHING PROCLAMATION §57.992 Bag, Possession, and Length Limits https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200724&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 200724 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200724&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 200724 03/11/2026 (a) Definitions. For the purposes of this section, the following terms shall have the following meanings:(1) Applicable license--a general commercial fishermen's license, a commercial finfish fishermen's license, commercial shrimp boat captain's license, commercial crab fishermen's license, commercial oyster boat captain's license, individual bait dealer's license, or commercial vessel owner's license;(2) Land--to bring to shore after harvest;(3) Reportable activity--each instance in which an aquatic product taken under an applicable license is landed or transferred to another person.(b) Except for aquatic products transferred to a licensed dealer identified in subsection (e) of this section, it is an offense for any person who lands an aquatic product taken under an applicable license to fail to submit a complete and accurate commercial harvest report to the department by the 10th day of each month following the month in which a reportable activity occurred.(c) A commercial harvest report shall account for each reportable activity engaged in by the licensee during the reporting period and shall contain, at a minimum:(1) the name and physical address of each person to whom an aquatic product was transferred by the licensee;(2) the name, driver's license or state-issued identification number of the applicable licensee who sold or transferred the aquatic product;(3) the amount of aquatic products sold, in pounds, by species;(4) the date of the sale;(5) the price per pound received, by species;(6) the water body or bay system from which each aquatic product was taken;(7) the date that each reportable activity occurred; and(8) the registration number and name of the vessel used to take the aquatic product.(d) A person required to submit a commercial harvest report shall retain a copy of the report for a period of two years from the date the report is submitted to the department and shall furnish a copy of any report upon the request of a department employee acting within the scope of official duties(e) A report under this section is not required for aquatic products that are sold by the holder of an applicable license to a licensed wholesale or retail fish dealer, bait dealer, or bait shrimp dealer. Source Note: The provisions of this §57.993 adopted to be effective June 27, 2010, 35 TexReg 5564; amended to be effective September 1, 2020, 45 TexReg 5641. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES N STATEWIDE RECREATIONAL AND COMMERCIAL FISHING PROCLAMATION §57.993 Commercial Harvest Report https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=183130&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 183130 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=183130&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 183130 03/11/2026 (a) The Texas Parks and Wildlife Department adopts by reference the provisions of 50 CFR §622.21, 622.22, and 622.30, which shall govern the commercial take, possession, transportation, and landing of red snapper, grouper, and tilefish in Texas waters.(b) No person for commercial purposes may take, possess, land, or sell red snapper, grouper, or tilefish in or via state waters unless that person possesses a valid federal Commercial Vessel Permit with applicable endorsements (if required) as provided by 50 CFR §622.20. Source Note: The provisions of this §57.994 adopted to be effective November 30, 2010, 35 TexReg 10510; amended to be effective March 7, 2017, 42 TexReg 1033. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES N STATEWIDE RECREATIONAL AND COMMERCIAL FISHING PROCLAMATION §57.994 Individual Fishing Quota (IFQ) https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146659&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 146659 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146659&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 146659 03/11/2026 (a) The commercial purse seine season for menhaden (Brevoortia patronus) is open beginning on the third Monday in April and will continue until whichever of the following first occurs:(1) the annual landings limit for the season has been reached; or(2) the first day in November.(b) The starting point (baseline) for calculating the annual landings limit for 2009 is 31,500,000 pounds. In 2010 and subsequent years, the baseline shall be adjusted upwards in the amount by which the actual catch in the previous season fell short of 31,500,000 pounds; however, the upward adjustment allowed under this subsection shall not exceed 3,150,000 pounds. In the event the actual catch in a season exceeds 31,500,000 pounds, a downward adjustment shall be made in the following season in the amount by which the baseline was exceeded in the previous season.(c) Annual landings may exceed the amount established or calculated in subsection (b) of this section by up to 10%.(d) Landings will be tracked using the Captain Daily Fishing Reports or another tracking mechanism specified by TPWD. Source Note: The provisions of this §57.995 adopted to be effective June 27, 2010, 35 TexReg 5564. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES N STATEWIDE RECREATIONAL AND COMMERCIAL FISHING PROCLAMATION §57.995 Menhaden https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=162282&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 162282 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=162282&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 162282 03/11/2026 (a) Bag, possession and size limits.(1) It is unlawful while fishing on public waters to have in possession crabs or ghost shrimp in excess of the daily bag limit as established for those waters.(2) There are no bag, possession, or size limits on crabs or ghost shrimp except as provided in this section.(3) It is unlawful to:(A) possess egg-bearing (sponge) crabs or stone crabs;(B) possess blue crabs less than five inches in width (measured across the widest point of the body from tip of spine to tip of spine) except that not more than 5.0%, by number, of undersized crabs may be possessed for bait purposes only, if placed in a separate container at the time of taking;(C) remove or possess the left claw from a stone crab (each retained claw must be at least 2-1/2 inches long as measured from the tip of the immovable claw to the first joint behind the claw);(D) fail to return immediately a stone crab to the waters where caught;(E) buy or sell a female crab that has its abdominal apron detached; or(F) possess more than 20 ghost shrimp (Callichiris islagrande) for commercial purposes.(b) It is unlawful to place, fish, or leave a crab trap or crab trap component in the coastal waters of the state from the third Friday in February for 10 consecutive days.(c) There are no places closed for the taking of crabs, except as listed within this section. Source Note: The provisions of this §57.996 adopted to be effective June 27, 2010, 35 TexReg 5564; amended to be effective September 1, 2013, 38 TexReg 3790. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES N STATEWIDE RECREATIONAL AND COMMERCIAL FISHING PROCLAMATION §57.996 Crabs and Ghost Shrimp https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200725&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 200725 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200725&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 200725 03/11/2026 (a) No person shall engage in business as a fishing guide in the coastal waters of this state unless that person possesses a fishing guide license and has paid the appropriate licensure fee for saltwater use.(b) No person operating a vessel or boat as a fishing guide on or in the coastal waters of this state may be issued a Fishing Guide license unless the person presents documentation to the license deputy that the applicant possesses a valid and appropriate U.S. Coast Guard Operator's License.(c) No person shall engage in business as a paddle craft fishing guide in the coastal waters of this state unless that person possesses a Paddle Craft All-Water Guide license or an All Water Guide license and has paid the appropriate license fee.(d) No person may be issued a Paddle Craft All-Water Guide license unless the person possesses proof that the person has successfully completed:(1) training in CPR and First Aid from a department-approved organization;(2) a department-approved boater education course or equivalency examination; and(3) a paddle craft leading course from the American Canoe Association or another department-approved course. Source Note: The provisions of this §57.997 adopted to be effective June 27, 2010, 35 TexReg 5564; amended to be effective September 1, 2020, 45 TexReg 5641. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES N STATEWIDE RECREATIONAL AND COMMERCIAL FISHING PROCLAMATION §57.997 Fishing Guide License Requirements https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209472&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 209472 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209472&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 209472 03/11/2026 No person may leave a body of water listed in this section while in possession of a live nongame fish:(1) the Red River and all tributary waters in Grayson, Fannin, Lamar, Red River, and Bowie counties below Lake Texoma downstream to the Texas/Arkansas border;(2) Big Cypress Bayou downstream of Ferrell's Bridge Dam on Lake O' the Pines, including the Texas waters of Caddo Lake; and(3) the Sulphur River downstream of the Lake Wright Patman dam to the Texas/Arkansas border. Source Note: The provisions of this §57.1000 adopted to be effective December 10, 2013, 38 TexReg 8912; amended to be effective September 1, 2022, 47 TexReg 3973. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES N STATEWIDE RECREATIONAL AND COMMERCIAL FISHING PROCLAMATION §57.1000 Prohibited Transport of Live Nongame Fish https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167780&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 167780 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167780&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 167780 03/11/2026 For the purposes of this section, "vessel" has the meaning assigned by Parks and Wildlife Code, §31.003, and "boat ramp" means a boat ramp, launch area, or any other access point that can be used to access public water, and includes parking areas, parking overflow areas, and any other area in the immediate vicinity of the ramp, launch, or access point where a vehicle, trailer, or vessel may be parked while waiting to launch or retrieve a vessel.(1) General Provisions. Except as provided in paragraph (2) of this section, no person may use any public roadway other than a boat ramp to transport a vessel to or from a public water body to which the provisions of paragraph (3) of this section apply unless all bilges, live wells, and other similar receptacles and systems holding or capable of holding water on board the vessel as a result of immersion in or transfer from the public water body have been drained.(2) Exceptions.(A) The provisions of paragraph (1) of this section do not apply to:(i) a person travelling on a public roadway via the most direct route to another access point located on the same body of water, provided the beginning and ending of the travel occur within a single 24-hour period;(ii) water contained in marine sanitary systems;(iii) a person in possession of a receptacle containing water and live bait purchased from a commercial bait dealer, provided:(I) the person also possesses a dated receipt, bill of sale, or other written evidence that identifies the name and commercial location of the dealer; and(II) the live bait, if it has come into contact with public water to which the provisions of paragraph (3) of this section apply, is used only on the water body from which the public water was obtained;(iv) government employees or persons under contract to a governmental entity in the performance of official duties that involve the use of a vessel in an emergency response to a threat to human health or safety, or property; or(v) a person who is a participant in a fishing tournament (as defined by Parks and Wildlife Code, §66.023), provided:(I) the tournament fishing activities are restricted to a single public water body on any given day;(II) the weigh-in site is not located on the body of water on which the tournament is held;(III) all water other than water in a live well has been drained from the vessel as required by this section;(IV) the live well is being transported by the most direct route to an official weigh-in location designated by the tournament;(V) the water in the live well is drained or properly disposed of before the vessel leaves the weigh-in location; and(VI) the person in possession of the water in the live well also possesses documentation provided by a fishing tournament representative that bears the participant's name, the date, water body name, tournament name, location and time of the weigh-in, and the name and phone number of a tournament representative.(B) A government employee or persons under contract to a governmental entity may remove water for purposes of testing or analysis from a public water body to which the provisions of paragraph (3) of this section apply; however, the water must be in closed, portable container and all bilges, live wells, motors, and other similar receptacles and systems holding or capable of holding water on board the vessel as a result of immersion in or transfer from the public water body must be drained.(3) This section applies to all public fresh water in Texas. Source Note: The provisions of this §57.1001 adopted to be effective December 10, 2013, 38 TexReg 8912; amended to be effective March 23, 2014, 39 TexReg 1933; amended to be effective June 26, 2014, 39 TexReg 4768. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES N STATEWIDE RECREATIONAL AND COMMERCIAL FISHING PROCLAMATION §57.1001 Draining of Water from Vessels Leaving or Approaching Public Fresh Water https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187054&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 187054 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187054&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 187054 03/11/2026 (a) This subchapter applies to all activities subject to department regulation on any tract of land designated by the department as a coastal management area (CMA), regardless of the presence or absence of boundary markers.(b) The following lands are CMAs:(1) Follets Island CMA in Brazoria County; and(2) Matagorda Peninsula CMA in Matagorda County.(c) The CMAs designated in this section are open to hunting, fishing, and other recreational use, subject to the provisions of this subchapter and any applicable provisions of the Parks and Wildlife Code. Source Note: The provisions of this §57.1010 adopted to be effective December 17, 2017, 42 TexReg 7167. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES O COASTAL MANAGEMENT AREAS §57.1010 Applicability https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208846&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 208846 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208846&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 208846 03/11/2026 The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Airboat--A boat powered by a mechanical propulsion system that drives air, including, but not limited to, a fan, propeller, or jet.(2) Arms and firearms--Any device from which shot, a projectile, arrow, or bolt is fired by the force of an explosion, compressed air, gas, or mechanical device, including, but not limited to, any device described by Penal Code, §46.01(3), rifle, shotgun, handgun, air rifle, pellet gun, longbow, cross bow, sling shot, blow gun, or dart gun.(3) Camping--The use of CMA lands for overnight accommodation, which includes sleeping, the storage of unattended personal possessions, or the use of a motor vehicle as a lodging.(4) Coastal Management Area (CMA)--A type of wildlife management area classified under the provisions of Parks and Wildlife Code, §13.001, for purposes of managing coastal habitats and resources.(5) Designated road--A constructed roadway indicated as being open to the public by either signs posted to that effect or by current maps and leaflets distributed at the area. Roads closed to the public may additionally be identified by on-site signing, barricades at entrances, or informational literature made available to the public. Designated roads do not include county or state roads or highways.(6) Motor vehicle--As defined by Transportation Code, Chapter 541.(7) Off-road vehicle--An ATV, a utility vehicle, a vehicle that may not lawfully be operated on a public roadway, or any vehicle that is manufactured or adapted for off-road use. Source Note: The provisions of this §57.1011 adopted to be effective December 17, 2017, 42 TexReg 7167; amended to be effective May 10, 2022, 47 TexReg 2771. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES O COASTAL MANAGEMENT AREAS §57.1011 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208847&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 208847 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208847&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 208847 03/11/2026 (a) General.(1) This section applies to all CMAs unless an exception for a specific area and time period is designated by the executive director or by written permission of the department.(2) The provisions of this section do not apply to persons authorized by the department to conduct research on the area and department employees in performance of their duties.(3) It is an offense for any person to fail to obey regulations posted at the area or policies established by order of the executive director, fail to comply with instructions on permits or area leaflets, or refuse to follow directives given by departmental personnel in the discharge of official duties.(b) Abandoned and unattended property. It is an offense for any person to:(1) abandon a vehicle or other personal property;(2) leave a vehicle, boat, barge, or other property unattended in such a manner as to create a hazardous or unsafe condition; or(3) leave property unattended for longer than 24 consecutive hours.(c) Alcoholic beverages. It is an offense for any person to publicly consume or display an alcoholic beverage.(d) Animals and pets. It is an offense for any person to:(1) possess dogs in camp that are not confined or leashed; or(2) allow vicious or dangerous dogs to create a disturbance or hazard.(e) Arms and Firearms. It is an offense for any person to display or discharge an arm or firearm, except while:(1) hunting migratory game birds under the provisions of this subchapter;(2) fishing by means of lawful archery equipment; or(3) the person is licensed to possess and carry a handgun under Government Code, Chapter 411, Subchapter H, and is in possession of and carrying the handgun in compliance with applicable law, including, but not limited to, applicable regulations adopted pursuant to Government Code, Chapter 411, Subchapter H; or(4) the person carries a handgun in a holster in compliance with Penal Code, Chapter 46.(f) Camping. It is an offense for any person to:(1) camp for more than 14 consecutive days on a CMA where overnight camping is allowed, or for more than 21 days in any 30-day period; or(2) establish a camp and leave it unattended for a period of longer than 24 hours.(g) Fires. Fires are permitted and visitors may bring firewood or collect deadwood or driftwood for fires; however, it is unlawful for any person to:(1) fell or cut any living vegetation for firewood; or(2) leave a fire unattended.(h) Fireworks are prohibited.(i) Fishing. Fishing is allowed under the provisions of Subchapter N of this chapter (relating to Statewide Recreational and Commercial Fishing Proclamation).(j) Graffiti and Vandalism. It is an offense for any person to write on, scratch, or otherwise deface natural features, signs, buildings, or other structures.(k) Hunting.(1) No person may hunt any wildlife resource other than migratory game birds.(2) The hunting, taking, and possession of migratory game birds shall be as provided by Chapter 65, Subchapter N of this title (relating to Migratory Game Bird Proclamation).(3) It is an offense for any person to hunt migratory game birds without possessing a valid Annual Public Permit.(l) Motor Vehicles and Off-Road Vehicles. It is an offense for any person to:(1) operate a motor vehicle anywhere other than designated roads, parking areas, or other areas designated as open for motor vehicle use; or(2) operate an off-road vehicle anywhere other than in an area designated as open for off-road vehicle use.(m) Airboats. The use of airboats is prohibited on CMAs.(n) Natural and Cultural Resources. This paragraph does not apply to incidental or unintentional disturbance occurring as result of normal visitation activities.(1) Plant life. It is an offense for any person to willfully mutilate, injure, destroy, pick, cut, remove, or introduce any plant life except by permit issued by the director.(2) Geological features. It is an offense for any person to intentionally or negligently take, remove, destroy, deface, tamper with, or disturb any rock, earth, soil, gem, mineral, fossil, or other geological deposit except by permit issued by the director.(3) Cultural resources. It is an offense for any person to take, remove, destroy, deface, tamper with, disturb, or otherwise adversely impact any prehistoric or historic resource, including, but not limited to, buildings, structures, cultural features, rock art, or artifacts, except by written order of the director.(4) Wildlife. It is an offense for any person to:(A) harm, harass, disturb, trap, confine, catch, possess, or remove any wildlife, or portions of wildlife, except as provided in subsection (k) of this section or authorized in writing by the department;(B) release or introduce any species of animal life (including to waters within or bordering a CMA), except as authorized by the Parks and Wildlife Code and written order of the director or designee; or(C) feed or offer food to any wildlife, or to leave food unsecured in a manner that makes the food available to wildlife, unless specifically authorized by the department.(o) Wastewater, Sewage, and Garbage. It is an offense for any person to:(1) deposit waste water, sewage, or effluent from sinks, toilets, or other plumbing fixtures directly on the ground or into the water; or(2) dispose of garbage except in a receptacle provided for that use or as may otherwise be specifically authorized by department personnel. Source Note: The provisions of this §57.1012 adopted to be effective December 17, 2017, 42 TexReg 7167; amended to be effective May 10, 2022, 47 TexReg 2771. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES O COASTAL MANAGEMENT AREAS §57.1012 Rules of Conduct https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187053&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 187053 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187053&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 187053 03/11/2026 The penalties for violation of this subchapter are prescribed by Parks and Wildlife Code, §81.007. Source Note: The provisions of this §57.1015 adopted to be effective December 17, 2017, 42 TexReg 7167. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 57 FISHERIES O COASTAL MANAGEMENT AREAS §57.1015 Penalties https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=182415&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 182415 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=182415&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 182415 03/11/2026 (a) This subchapter applies to the taking, attempting to take, possession, purchase, and sale of oyster resources in the salt waters of Texas. It carries out the commission's rulemaking authority granted by the legislature in Parks and Wildlife Code, Chapter 76. The law covering the taking, attempting to take, possession, purchase, and sale of oyster resources in the salt waters of Texas is set forth in both Parks and Wildlife Code, Chapter 76 and this subchapter whereby the provisions of this subchapter prevail over any conflicting provision of Parks and Wildlife Code, Chapter 76 to the extent of the conflict as set forth in Parks and Wildlife Code, §76.301.(b) This subchapter also applies to activities authorized under a certificate of location including the permitting and marking of, as well as transplant of oysters to, and harvest of oysters pursuant to a certificate of location. Source Note: The provisions of this §58.10 adopted to be effective October 3, 1996, 21 TexReg 9172; amended to be effective June 12, 2013, 38 TexReg 3649; amended to be effective January 18, 2017, 42 TexReg 80. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 58 OYSTERS, SHRIMP, AND FINFISH A STATEWIDE OYSTER FISHERY PROCLAMATION §58.10 Application https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224784&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 224784 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224784&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 224784 03/11/2026 The following words and terms, when used in the subchapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Approved area--A molluscan shellfish growing area determined to be acceptable for harvesting of molluscan shellfish for direct marketing according to the National Shellfish Sanitation Program (NSSP).(2) Barrel of oysters--As defined in Parks and Wildlife Code, §76.001, a barrel of oysters is three boxes of oysters in the shell or two gallons of shucked oysters without shells. The dimensions of a box are ten inches by 20 inches by 13 1/2 inches. In filling a box for measurement the oysters may not be piled more than 2 1/2 inches above the height of the box at the center.(3) Certificate of Location--A department-issued certificate authorizing a person or domestic corporation to plant cultch and/or oysters in a specifically delineated area of the public water of the state for the purpose of establishing a private oyster bed.(4) Conditionally approved area--The classification of a shellfish growing area determined by the Texas Department of State Health Services (TDSHS) to meet approved area criteria for a predictable period. The period is conditional upon established performance standards specified in a management plan. A conditionally approved area is a restricted area when the area does not meet the approved growing area criteria.(5) Commission--The Texas Parks and Wildlife Department Commission.(6) Culling--The process of separating undersized oysters from oysters that are lawful to possess.(7) Cultch--Substrate of appropriate size and composition for larval oyster attachments, such as shell, rock, or other non-toxic department-approved material. (8) Department--The Texas Parks and Wildlife Department.(9) Director--The executive director of the department.(10) Harvester/Shell Recovery Tag--An identifying marker that must be affixed to the outside of each sack of oysters at the time of harvest, in the location of harvest, containing information required by the TDSHS under the NSSP, and remain affixed during transportation of the oysters to a dealer.(11) Location--The acreage of public water for which a certificate of location has been issued.(12) Location term--The 15-year term of a certificate of location.(13) Locator--A person or domestic corporation to whom or which a certificate of location has been issued.(14) Natural oyster bed (reef)--As defined in Parks and Wildlife Code, §76.001, an area with a substrate that is predominantly composed of oyster shell or live oysters.(15) Open season--A period during which it is lawful to take oysters.(16) Oyster--That species of molluscan shellfish identified as the Eastern oyster, Crassostrea virginica and its subspecies. No other species of molluscan shellfish are included within this proclamation. (17) Possess--The act of having in possession or control, keeping, detaining, restraining, or holding as owner, or as an agent, bailee, or custodian of another.(18) Prohibited area--The classification of a shellfish growing area determined by the TDSHS to be unacceptable for the transplanting, gathering for depuration, or harvesting of shellfish. The only shellfish removal permitted from a prohibited area is for the purpose of depletion, as defined in the Control of Harvesting Section of Part 1 of the NSSP.(19) Public oyster bed (reef)--As defined in Parks and Wildlife Code, §76.002, all natural oyster beds (reefs) are public. All oyster beds not designated as private are public.(20) Restricted area--The classification of a shellfish growing area determined by the TDSHS to be unacceptable for harvesting of shellfish for direct marketing, but which is acceptable for transplanting or gathering for depuration. A restricted area may be closed for transplanting or gathering for depuration when the TDSHS determines that the area does not meet the restricted area criteria established in the NSSP.(21) Sack of oysters--A volume of oysters, including dead oyster shell that weighs no more than 110 pounds including the sack.(22) Under location--An area subject to a certificate of location. Source Note: The provisions of this §58.11 adopted to be effective October 3, 1996, 21 TexReg 9172; amended to be effective February 28, 2002, 27 TexReg 1330; amended to be effective October 26, 2005, 30 TexReg 6935; amended to be effective December 6, 2009, 34 TexReg 8781; amended to be effective October 30, 2011, 36 TexReg 7339; amended to be effective October 21, 2013, 38 TexReg 7312; amended to be effective July 23, 2015, 40 TexReg 4697; amended to be effective January 18, 2017, 42 TexReg 80; amended to be effective April 29, 2025, 50 TexReg 2598. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 58 OYSTERS, SHRIMP, AND FINFISH A STATEWIDE OYSTER FISHERY PROCLAMATION §58.11 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18884&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18884 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18884&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18884 03/11/2026 (a) The Oyster Fishery Management Plan and the Economic Impact Analysis are adopted by reference.(b) Copies may be obtained at the Texas Parks and Wildlife Department offices at 4200 Smith School Road, Austin, Texas 78744. Source Note: The provisions of this §58.12 adopted to be effective October 3, 1996, 21 TexReg 9172. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 58 OYSTERS, SHRIMP, AND FINFISH A STATEWIDE OYSTER FISHERY PROCLAMATION §58.12 Texas Oyster Fishery Management Plan https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225390&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 225390 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225390&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 225390 03/11/2026 (a) Seasons and Times.(1) The open season extends from November 1 of one year through April 30 of the following year.(2) Legal oystering hours--sunrise to 3:30 p.m.(b) Size Limits and Possession of Undersized Oysters and Shell.(1) Size limit--Legal oysters must be three inches or larger as measured along the greatest length of the shell.(2) Oysters between 3/4 inch and three inches in length and dead oyster shell that is greater than 3/4 inch (measured along any axis) must be returned to the reef at the time of harvest.(3) Unculled oysters must not be sacked and must be kept separate from culled oysters at all times.(4) It is unlawful for any person to take or possess a cargo of oysters more than 5% of which are between 3/4 inch and three inches measured from beak to bill or along an imaginary line through the long axis of the shell. For the purposes of this paragraph, any dead oyster shell measuring greater than 3/4 inch along any axis shall be counted as an undersized oyster.(c) Area Closures. (1) There is no open public season for oysters from areas declared to be restricted or prohibited by the Department of State Health Services or areas closed by the commission.(A) The director may close an area to the taking of oysters upon finding that the area is being overworked or damaged or the area is to be reseeded or restocked, and may re-open the areas as provided in Parks and Wildlife Code, §76.115.(B) An order to close an area shall state the criteria used by the director to determine that the closure is warranted.(C) The department shall consult with members of the oyster industry regarding the management of oyster beds in the state.(D) For the purposes of this section an area will include those designated by the Department of State Health Services as "Approved" and "Conditionally Approved" or other areas based on evaluation by the department.(E) No person may harvest oysters in an area closed by order of the commission or the executive director.(2) No person may take or attempt to take oysters within an area described in this paragraph. The provisions of subparagraphs (A)(i)-(ii) cease effect on November 1, 2025. The provisions of subparagraph (A)(iii)-(iv) cease effect on November 1, 2026. (A) Galveston Bay.(i) East Redfish Reef. The area within the boundaries of a line beginning at 29° 30' 10.95"N, 94° 49' 29.21"W (29.503043, -94.824781, corner marker buoy A); thence to 29° 30' 16.31"N, 94° 49' 15.68"W (29.50453, -94.821024, corner marker buoy B); thence to 29° 30' 03.79"N, 94° 49' 08.97"W (29.501053, -94.819161, corner marker buoy C); thence to 29° 29' 58.12"N, 94° 49' 22.24"W (29.49948, -94.822844, corner marker buoy D); thence back to corner marker buoy A.(ii) North Dollar Reef. The area within the boundaries of a line beginning at 29° 27' 36.09"N, 94° 54' 24.97"W (29.460025, -94.873606, corner marker buoy A); thence to 29° 27' 43.72"N, 94° 52' 09.05"W (29.462146, -94.86918, corner marker buoy B); thence to 29° 27' 38.66"N, 94° 52' 05.80"W (29.460738, -94.868278, corner marker buoy C); thence to 29° 27' 30.93"N, 94° 52' 21.71"W (29.458593, -94.872699, corner marker buoy D); and thence back to corner marker buoy A.(iii) Dollar Reef HSE Mitigation Site. The area within the boundaries of a line beginning at 29° 27' 32.85"N, 94° 53' 45.62"W (29.459125°N, 94.896006°W, corner marker buoy A); thence to 29° 27' 04.95"N, 94° 52' 39.17"W (29.451376°N, 94.877548°W, corner marker buoy B); thence to 29° 26' 27.69"N, 94° 53' 02.34"W (29.441026°N, 94.883984°W, corner marker buoy C); thence to 29° 26' 42.34"N, 94° 53' 37.31"W (29.445094°N, 94.893697°W, corner marker buoy D); thence to 29° 27' 25.61"N, 94° 53' 52.37"W (29.457114°N. 94.897881°W, corner marker buoy E); and thence back to buoy A.(iv) Desperation Reef. The area within the boundaries of a line beginning at 29° 29' 34.40"N, 94° 52' 53.08"W (29.49289°N, 94.88141°W, corner marker buoy A); thence to 29° 29' 35.69"N, 94° 52' 46.70"W (29.49325°N, 94.87964°W, corner marker buoy B); thence to 29° 29' 28.14"N, 94° 52' 41.56"W (29.49115°N, 94.87821°W, corner marker buoy C); thence to 29° 29' 26.56"N, 94° 52' 51.56"W (29.49071°N, 94.88098°W, corner marker buoy D); thence back to buoy A.(B) Christmas Bay, Brazoria County.(C) Carancahua Bay, Calhoun and Matagorda County.(D) Powderhorn Lake, Calhoun County.(E) Hynes Bay, Refugio County.(F) St. Charles Bay, Aransas County.(G) South Bay, Cameron County.(H) Mesquite Bay, Aransas and Calhoun counties.(I) Carlos Bay, Aransas County. The area within the boundaries of Carlos Bay from the border of Mesquite Bay to a line beginning at 28° 06' 52.19"N, 96° 55' 32.52"W (28.11450°N, -96.92570°W) and ending at 28° 06' 38.19"N, 96° 53' 17.41"W (28.11061°N, -96.88817°W).(J) Ayres Bay, Calhoun County. The area within the boundaries of Ayres Bay from the border of Mesquite Bay to a line beginning at 28° 12' 50.18"N, 96° 48' 44.53"W (28.21394°N, -96.81237°W) and ending at 28° 11' 17.05"N, 96° 47' 32.38"W (28.18807°N, -96.79233°W).(K) Areas along all shorelines extending 300 feet from the water's edge, including all oysters (whether submerged or not) landward of this 300-foot line. Source Note: The provisions of this §58.21 adopted to be effective October 3, 1996, 21 TexReg 9172; amended to be effective December 6, 2009, 34 TexReg 8781; amended to be effective October 30, 2011, 36 TexReg 7339; amended to be effective October 21, 2013, 38 TexReg 7312; amended to be effective September 1, 2014, 39 TexReg 6509; amended to be effective July 23, 2015, 40 TexReg 4697; amended to be effective November 1, 2016, 41 TexReg 8293; amended to be effective November 1, 2017, 42 TexReg 6018; amended to be effective June 10, 2019, 44 TexReg 2846; amended to be effective February 3, 2021, 46 TexReg 831; amended to be effective November 1, 2021, 46 TexReg 7221; amended to be effective April 11, 2023, 48 TexReg 1844; amended to be effective February 27, 2024, 49 TexReg 1099; amended to be effective January 27, 2025, 50 TexReg 558; amended to be effective July 14, 2025, 50 TexReg 4020. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 58 OYSTERS, SHRIMP, AND FINFISH A STATEWIDE OYSTER FISHERY PROCLAMATION §58.21 Taking or Attempting to Take Oysters from Public Oyster Beds: General Rules https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=186205&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 186205 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=186205&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 186205 03/11/2026 (a) It is lawful to take oysters for commercial use by non-mechanical means.(b) Gear Restrictions. During the open public season, it is unlawful while taking or attempting to take oysters for pay or the purpose of sale, barter, or exchange or any other commercial purpose to:(1) use more than one dredge;(2) use a dredge which exceeds 48 inches in width and a two-barrel capacity;(3) have on board more than one dredge, unless spare dredges are secured, to or on the wheelhouse, or to the deck in such a manner as to not be readily accessible for use;(4) have on board more than one winch chain, cable, or rope unless spare chains, cables or ropes are secured below deck; or(5) have on board more than one lifting block unless spare blocks are secured below deck.(c) Seasons and Times(1) The open season extends from November 1 of one year through April 30 of the following year.(2) Legal oyster fishing days- Monday through Friday.(3) Legal oystering hours--sunrise to 3:30 p.m.(d) Possession Limits. It is unlawful to take in one day, for pay or the purpose of sale, barter, or exchange, or any other commercial purpose, or to have on board any licensed commercial oyster boat more than:(1) 30 sacks of culled oysters of legal size; or(2) the volumetric equivalent of 6 sacks of unculled oysters while on the reef.(e) Harvester/Shell Recovery Tag. A person who harvests oysters from Texas waters for commercial purposes shall, immediately upon harvest, attach a properly executed harvester/shell recovery tag to the outside of the sack in which the oysters are placed.(1) A Harvester/Shell Recovery Tag is properly executed when all required information has been entered on the tag.(2) The tag must be placed on the outside of the sack immediately upon filling, prior to unloading, and remain until the sack is empty or retagged and thereafter kept on file for 90 days.(3) The appropriate harvester/shell recovery tag (green or white) must be affixed to the sack regardless of the season or whether the requirements of 25 TAC §241.57 (relating to Molluscan Shellfish Harvesting and Handling) apply.(f) Reporting Requirements. A dealer who purchases or receives oysters directly from any person other than a licensed dealer must file a report with the department each month as prescribed under Parks and Wildlife Code, §66.019(c). Source Note: The provisions of this §58.22 adopted to be effective October 3, 1996, 21 TexReg 9172; amended to be effective October 13, 2003, 28 TexReg 8954; amended to be effective June 10, 2004, 29 TexReg 5640; amended to be effective October 26, 2005, 30 TexReg 6935; amended to be effective July 2, 2006, 31 TexReg 5134; amended to be effective October 30, 2011, 36 TexReg 7339; amended to be effective June 12, 2013, 38 TexReg 3649; amended to be effective October 21, 2013, 38 TexReg 7312; amended to be effective November 1, 2016, 41 TexReg 8293; amended to be effective November 1, 2017, 42 TexReg 6018. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 58 OYSTERS, SHRIMP, AND FINFISH A STATEWIDE OYSTER FISHERY PROCLAMATION §58.22 Commercial Fishing https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=180753&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 180753 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=180753&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 180753 03/11/2026 (a) It is lawful to take oysters for personal use by non-mechanical means.(b) Gear Restrictions. It is unlawful while taking or attempting to take oysters for personal use to:(1) use a dredge that exceeds 14 inches in width; or(2) have more than one dredge connected in any manner to a winch, chain or other lifting device during the open public season; or(3) have on board any dredge(s), other than the one connected to a winch, chain, or other lifting device, unless secured below deck, to or on the wheelhouse, or to the deck in such a manner as to not be readily accessible for use.(c) Seasons and Times.(1) The open season extends from November 1 of one year through April 30 of the following year.(2) Legal oyster fishing days-Monday through Saturday.(3) Legal oystering hours--sunrise to 3:30 p.m.(d) Possession Limit. It is unlawful for a person to take in one day or possess, more than two sacks of legal sized oysters.(e) Prohibition of Sale. It is unlawful to sell oysters taken without a valid commercial oyster fishing license. Source Note: The provisions of this §58.23 adopted to be effective October 3, 1996, 21 TexReg 9172; amended to be effective June 10, 2004, 29 TexReg 5640; amended to be effective July 2, 2006, 31 TexReg 5134; amended to be effective June 12, 2013, 38 TexReg 3649; amended to be effective November 1, 2016, 41 TexReg 8293. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 58 OYSTERS, SHRIMP, AND FINFISH A STATEWIDE OYSTER FISHERY PROCLAMATION §58.23 Non-commercial (Recreational) Fishing https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3560&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3560 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3560&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3560 03/11/2026 The penalties for violation of this subchapter are prescribed by Parks and Wildlife Code, Chapter 76. Source Note: The provisions of this §58.24 adopted to be effective October 3, 1996, 21 TexReg 9172. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 58 OYSTERS, SHRIMP, AND FINFISH A STATEWIDE OYSTER FISHERY PROCLAMATION §58.24 Penalties https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224785&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 224785 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224785&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 224785 03/11/2026 (a) General Rules.(1) No certificate of location will be issued for:(A) a natural oyster bed unless the department has determined that it is degraded, consistent with the provisions of Parks and Wildlife Code, §76.003(b);(B) a bay shore area within 100 yards of the shore as prescribed in Parks and Wildlife Code, §76.004;(C) an area subject to an exclusive riparian right as provided under Parks and Wildlife Code, §76.004 and §76.005; (D) an area already under location; or(E) an area within 1,000 feet of a location not owned or controlled by the applicant unless the applicant secures written permission.(2) The term of a certificate of location for purposes of harvest is 15 years, as prescribed in Parks and Wildlife Code, §76.018. (3) The term of a certificate of location for purposes of restoration is 15 years.(4) In accordance with the Oyster Fishery Management Plan required by Parks and Wildlife Code, §76.301, the department may accept applications for certificates of location.(5) No harvest of oysters is permitted from an area for which a certificate of location has been issued for restoration purposes.(6) It is an offense for any person to move oysters from or cause oysters to be moved from an area for which a certificate of location has been issued except as provided by §58.40 of this title (relating to Oyster Transplant Permits) or §58.50 of this title (relating to Oyster Harvest Permits)(7) A locator may conduct non-harvest activities after potentially damaging events, such as extreme weather events, on locations otherwise closed by DSHS, provided the locator has received prior authorization of the activity from the department in writing.(b) Application for Certificate of Location (Harvest or Restoration).(1) An application for a certificate of location shall be accompanied by a nonrefundable application fee of $200.(2) The department shall designate specific times and dates during which applications will be accepted and shall make such information publicly available.(3) Prior to the submission of an application, the applicant shall consult with an authorized employee(s) of the department to enable the department to determine necessary survey requirements and evaluate the prospective location with respect to:(A) natural oyster reefs;(B) shoreline;(C) areas restricted or prohibited by TDSHS;(D) spoil disposal areas;(E) other areas subject to a certificate of location;(F) riparian rights;(G) presence of exposed shell; (H) presence of live oysters;(I) sediment overburden; and(J) other habitats.(4) An application must specify the purpose of the prospective certificate of location (for harvest or restoration purposes). (5) An application shall consist of, at a minimum:(A) the applicant's name and address;(B) signed affirmation that the applicant is a United States citizen or a domestic corporation;(C) a description of the acreage for which the certificate of location is sought, including:(i) a map showing approximate size and location in relation to state land tracts; (ii) the corner coordinates of the proposed site; and(D) a cultch placement plan for the site, including reasonable estimates of:(i) the nature or composition of materials to be used;(ii) the quantity of materials to be used; and(iii) the time of placement or deployment.(6) The department shall approve or disapprove an application based on the totality of factors involved, including the suitability of the location with respect to the purpose and size of the area.(c) Public Hearing on Application.(1) If the department determines that the proposed location site meets all siting requirements of this subchapter and Parks and Wildlife Code, Chapter 76, the department shall:(A) hold a public hearing to provide opportunity for public comment;(B) publish a notification of the date, time, and purpose of the public hearing on the department website and any other outlet deemed appropriate;(C) publish the notification between ten and 20 days prior to the public hearing; and(D) make information about the proposed certificate of location available to the public at the hearing.(2) The department will consider all public comment relevant to the application..(3) The department shall review findings of the public hearing and submit recommendations to the Coastal Fisheries Division Director for approval.(4) The applicant will be notified within 14 days after the hearing of either approval or denial of the application for a certificate of location.(d) Responsibilities of Approved Locator.(1) The department will not make a final decision to approve an application for a certificate of location until:(A) the applicant has provided the department with:(i) a map of the location showing the relation of the location with respect to surrounding or nearby state land tract boundaries; (ii) the latitude and longitude coordinates of the location; and (iii) evidence to satisfy the department that all applicable permits and authorizations required by other state and federal governmental entities have been secured; and(B) the department has inspected the location and verified the latitude and longitude coordinates required under subparagraph (A) of this paragraph.(2) Prior to any placement of cultch or other materials, the locator shall mark the boundaries of the location with buoys or other permanent markers in accordance with United States Coast Guard regulations and maintain buoys or other permanent markers for the duration of the period of validity of the certificate. Supplemental markers may be required along the boundaries if one corner marker is not clearly visible from another corner marker.(A) All marker buoys or other permanent markers must be:(i) at least six inches in diameter;(ii) at least three feet out of the water at mean high tide;(iii) of a shape and color that is visible for at least 1/2 mile under normal weather conditions;(iv) marked with the certificate of location number (Buoys or other permanent markers common to two or more locations must be marked with all numbers of the certificate of location);(v) marked with at least two-inch high letters in plain Arabic block letters in a location where it will not be obscured by water or marine growth; and(vi) marked with all required U.S. Coast Guard markings.(B) Buoys must be anchored by:(i) A screw anchor with a minimum one-inch galvanized sucker rod and 12-inch head inserted ten feet into the bottom; or(ii) two anchors per buoy and each anchor having a minimum weight of 300 pounds.(C) When replacement of buoys or other permanent markers is necessary, original latitude and longitude coordinates of the final survey must be used to relocate markers.(3) An authorized employee(s) of the department shall inspect and verify latitude and longitude coordinates.(4) A locator shall submit proposed amendments to a placement plan to the department for review. The department must approve amendments to a placement plan prior to any activities under a prospective amendment.(5) In the event that unavoidable or unforeseeable developments or extenuating circumstances make the attainment of the benchmarks in this paragraph impractical or impossible, the department may, on a case-by-case basis, waive, defer, or amend a benchmark. Beginning on the date of issuance of certificate of location for purposes of restoration, the locator shall submit documentation of project progress to the department as follows: (A) placement initiated--within the first 24 months;(B) 50% of the plan completed--within five years;(C) 60% of the plan completed--within 10 years; and(D) 80% of the plan completed--by time of renewal.(6) Rental Fee.(A) The holder of a certificate of location for harvest shall pay to the department $20 per acre of location per year. The fee established by this subparagraph shall be recalculated at three-year intervals beginning on the effective date of this section and proportionally adjusted to any change in the Consumer Price Index, the department's cost-recovery needs, or both.(B) Rental fees for certificates of location for harvest are due annually by March 1 as prescribed in Parks and Wildlife Code, §76.017. (C) The holder of a certificate of location shall pay the department a late penalty fee equal to 10 percent of the amount due for any rental, transfer, sale, or renewal fee that is not paid when due as prescribed in Parks and Wildlife Code, §76.017.(D) Failure to pay any rental, transfer, sale, renewal, or late penalty fee within 90 days of the due date terminates the (certification of location) as prescribed in Parks and Wildlife Code, §76.017. (E) There is no rental fee for certificates of location for restoration. (7) Renewal of Certificate of Location.(A) As prescribed in Parks and Wildlife Code, §76.018, at the end of the term of a certificate of location for harvest the department shall determine the need for continuation of the certificate of location based on:(i) considerations as specified in §58.12 of this title (relating to Oyster Fishery Management Plan); and(ii) any other consideration the department deems significant enough to warrant continuation.(B) If the certificate of location for harvest is to be renewed under the conditions of the department as prescribed in Parks and Wildlife Code, §76.018, the holder of the certificate of location shall be offered the first right of refusal for renewal as prescribed in Parks and Wildlife Code, §76.018.(C) Certificates of location for restoration will be renewed at the request of the locator(8) Alteration of Boundaries(A) The department must approve all boundary alterations prior to any alteration of boundaries of a certificate of location.(B) If there is any alteration to the boundaries of a location, the locator shall be responsible for having the location resurveyed and providing the department with survey notes and a map of the location showing:(i) the location in relation to state land tract boundaries; and(ii) latitude and longitude coordinates for all corner markers.(C) The department will not approve any alteration of the boundaries of a certificate of location until the survey required by this paragraph has been conducted and provided to the department.(9) Auction Procedures.(A) A certificate of location for harvest may be auctioned by the department if it is not renewed as prescribed by this subchapter and Parks and Wildlife Code, §76.018.(B) Auction procedures do not apply to certificates of location for restoration; if certificates of location for restoration are not renewed, the location automatically reverts to the public domain.(C) The department may determine a minimum acceptable bid based on:(i) bid offers from previous auctions;(ii) established open market prices; and(iii) other relevant factors.(D) The department may refuse all bids below the minimum acceptable bid.(E) The department must follow prescribed bid guidelines for state agencies.(10) Transfers or Sale.(A) A transfer or sale of a certificate of location does not change location terms.(B) A payment of $200 will be due upon transfer or sale of a certificate of location.(C) A transfer fee will not be required when a certificate of location is inherited.(D) A completed transfer form prescribed by the department is required at time of transfer. Source Note: The provisions of this §58.30 adopted to be effective October 3, 1996, 21 TexReg 9172; amended to be effective February 28, 2002, 27 TexReg 1330; amended to be effective June 12, 2013, 38 TexReg 3649; amended to be effective January 18, 2017, 42 TexReg 80; amended to be effective April 29, 2025, 50 TexReg 2598. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 58 OYSTERS, SHRIMP, AND FINFISH A STATEWIDE OYSTER FISHERY PROCLAMATION §58.30 Certificate of Location https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=182418&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 182418 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=182418&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 182418 03/11/2026 (a) Oysters for transplanting pursuant to certificate of location may be taken only under a permit issued by the department.(b) Oyster Transplant Application.(1) The application for a transplant permit must include the following information:(A) oyster certificate of location number;(B) name and address of the holder of the certificate of location and/or that of his designated agent;(C) name, if documented, and/or registration number of all boats to be used in transplanting operations;(D) as prescribed in Parks and Wildlife Code, §76.031, the quantity of unculled oysters requested, and a description of areas from which the oysters are requested to be taken; and(E) beginning and ending dates of transplant operations.(2) Written applications for transplant permits must be received by the department two business days prior to the beginning of transplanting operations.(3) Written applications for transplant permit amendments must be received by the department at least two business days prior to the desired effective date of the amendment.(4) No more than four transplant permits for a certificate of location will be issued during a one month period.(5) No transplant permit will be issued for an oyster certificate of location while a harvest permit for the same certificate of location is in effect.(6) A valid transplant permit must be on the vessel during any transplanting activities.(7) A transplant permit will not be issued to any certificate of location holder who has not paid any rental, transfer, sale, renewal or late penalty fees that are owed to the department.(8) The number of boats that may be allocated to a certificate of location for transplanting oysters shall be based on:(A) the total number of boats that the department determines may be used to transplant oysters during that specific season, and(B) the total number of active certificates of location during that season.(9) Boat allocations may be transferred between certificates of location so long as those transfers occur before Private Oyster Transplant Permits are issued for those specific certificates of location and must be identified and included on the transplant permit request.(c) Oyster Transplant Season and Times.(1) The department shall establish the oyster transplant season giving consideration to information furnished to the department by certificate of location holders.(2) All transplanting operations shall begin after sunrise and shall be completed before sunset each day.(3) No transplanting will be permitted on Saturdays, Sundays, major holidays, or on the same days that harvest operations are permitted.(d) Transplant Restrictions.(1) Transplanting of oysters is subject to the conditions and provisions described in the permit issued by the department.(2) Oysters taken for the purposes of transplanting pursuant to a certificate of location may be taken only from areas designated by the department as prescribed in Parks and Wildlife Code, §76.033.(3) Oysters may not normally be taken for the purpose of transplanting from the following areas:(A) public oyster reefs in areas approved for oyster harvest and which have been subjected to any degree of oyster fishing in recent years;(B) near-shore reefs around public or private fishing piers where a conflict of interest has arisen or might arise;(C) reefs or areas in which the incidence of diseases, parasites, and/or predators have been judged potentially dangerous to the public reef fishery if the oysters are transplanted to other areas; or(D) areas declared to be unsuitable for transplanting by TDSHS because of the presence of persistent chemicals or diseases that might be dangerous to public health.(4) All oysters obtained under a transplant permit must be deposited upon the acreage under location identified in the permit.(5) The cargo of oysters transplanted will consist of unculled oysters and shell, unless specified otherwise.(6) The permit may require oysters to be culled on the reef from which they are taken if the department determines that the reef area may be protected or improved by such action.(7) The permit holder may cull the cargo of oysters harvested pursuant to a certificate of location.(8) Oysters may be transplanted only to acreage under location which is properly marked at all corners.(9) No oysters may be transplanted to acreage under location that is adjacent to or adjoining acreage under location approved for harvest.(e) Reporting Requirement. Weekly transplant reports must be prepared by the permittee and submitted to the department each Monday following the week of transplant. Source Note: The provisions of this §58.40 adopted to be effective October 3, 1996, 21 TexReg 9172; amended to be effective February 28, 2002, 27 TexReg 1330; amended to be effective June 10, 2004, 29 TexReg 5640; amended to be effective June 12, 2013, 38 TexReg 3649; amended to be effective January 18, 2017, 42 TexReg 80. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 58 OYSTERS, SHRIMP, AND FINFISH A STATEWIDE OYSTER FISHERY PROCLAMATION §58.40 Oyster Transplant Permits https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=182419&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 182419 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=182419&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 182419 03/11/2026 (a) Oysters may be harvested pursuant to a certificate of location only under a permit issued by the department.(b) Oyster Harvest Application.(1) Written application for a harvest permit must be received two business days prior to the requested harvest dates and include the following:(A) the oyster certificate of location number;(B) the name of the holder of the certificate of location and/or that of his designated agent;(C) the name and/or registration number of all boats to be used in harvesting operations; and(D) beginning and ending dates for the permit.(2) No more than four harvest permits for a certificate of location will be issued during a one month period.(3) A harvest permit will not be valid until 15 days after expiration of a transplant permit for the same certificate of location or certificates of location adjacent thereto and with approval of the TDSHS.(4) A valid harvest permit must be on the vessel during any harvesting activities.(c) Harvest of oysters pursuant to a certificate of location is subject to conditions as provided in the department issued permit.(d) Reporting Requirement. Monthly harvest report forms must be prepared by the permittee at the end of each month and supplied to the department's commercial landings program by the (10th) of the month following the month in which harvest occurred.(e) A harvest permit will not be issued to any certificate of location holder who has not paid any rental, transfer, sale, renewal or late penalty fees that are owed to the department. Source Note: The provisions of this §58.50 adopted to be effective October 3, 1996, 21 TexReg 9172; amended to be effective February 28, 2002, 27 TexReg 1330 ; amended to be effective June 10, 2004, 29 TexReg 5640; amended to be effective June 12, 2013, 38 TexReg 3649; amended to be effective January 18, 2017, 42 TexReg 80. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 58 OYSTERS, SHRIMP, AND FINFISH A STATEWIDE OYSTER FISHERY PROCLAMATION §58.50 Oyster Harvest Permits https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=182420&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 182420 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=182420&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 182420 03/11/2026 (a) Violations of the transplanting or harvesting procedures include, but are not limited to, the following:(1) harvesting oysters from areas under a certificate of location other than covered under permit;(2) harvesting oysters from restricted or prohibited areas as designated by TDSHS;(3) transplanting oysters from unauthorized areas or to areas not authorized under a certificate of location;(4) transplanting oysters without a valid transplanting permit;(5) harvesting oysters without a valid harvesting permit;(6) transplanting on or harvesting oysters pursuant to a certificate of location from a location which is not properly marked;(7) failure to adhere to any conditions of the permit;(8) failure to amend a transplant or harvest permit to include additions or deletions of boats; or(9) failure to submit weekly transplant reports or monthly harvest reports.(10) failure to have a valid permit on the vessel during authorized activities.(b) Violations of paragraphs (1) and (2) of subsection (a) of this section shall result in a one year cancellation and withholding of all permits for the affected certificates of location.(c) Violations of paragraphs (3), (4), and (5) of subsection (a) of this section, shall result in a 45-calendar-day cancellation and withholding of all permits for the affected certificate of location beginning on the next approved harvest or transplant day.(d) Violations of paragraphs (6), (7), (8), (9), and (10) of subsection (a) of this section, or the other provisions in the permits, shall result in a five-calendar-day cancellation and withholding of all permits for the affected certificate of location beginning on the next approved harvest or transplant day.(e) In the event a transplant or harvest permit is canceled, the holder of the certificate of location may appeal to the executive director within five days, stating, in writing, why the permit should be reinstated. Source Note: The provisions of this §58.60 adopted to be effective October 3, 1996, 21 TexReg 9172; amended to be effective February 28, 2002, 27 TexReg 1330; amended to be effective June 10, 2004, 29 TexReg 5640; amended to be effective June 12, 2013, 38 TexReg 3649; amended to be effective January 18, 2017, 42 TexReg 80. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 58 OYSTERS, SHRIMP, AND FINFISH A STATEWIDE OYSTER FISHERY PROCLAMATION §58.60 Transplant or Harvest Permit Cancellation https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192563&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 192563 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192563&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 192563 03/11/2026 (a) Delegation of Authority. The commission delegates power and authority to the executive director to administer the Oyster License Buyback Program.(b) License Buyback Bid Application Period.(1) The department will open one or more license buyback bid offer application periods (hereinafter referred to as an application period) per license year if available funds permit.(2) The department shall establish during each application period a deadline for receipt of all applications.(c) License Buyback Application Requirements.(1) The department shall consider all applications to the Oyster License Buyback Program provided the applicants meet the following requirements:(A) A completed License Buyback Application form furnished by the department has been submitted to the department by the application deadline;(B) The applicant is the owner of the license submitted for buyback; and(C) The applicant has submitted to the department copies of all information as required in this subsection.(2) A completed License Buyback Application shall contain:(A) full name of the applicant;(B) current address of applicant's residence;(C) social security number of the applicant;(D) a copy of legal documentation that:(i) documents applicant as the sole owner of the vessel who holds the sole rights and privileges to the license; or(ii) documents that all members of a partnership or corporation are in agreement to apply to the license buyback program and the submitted bid offer for license buyback;(E) USCG vessel documentation number or State of Texas registration number;(F) a copy of current commercial oyster boat license; and(G) the applicant's bid offer, in U.S. dollars.(3) Department records will be used to verify all information supplied by the applicant or pertaining to the applicant's history in the oyster fishery or will be used in cases where the applicant has not provided adequate information for proper consideration of the application.(d) Oyster License Buyback Criteria.(1) The department may establish criteria each license year which will be used to determine qualifications for license buybacks.(2) The department may consider:(A) length of vessel;(B) amount of funds accumulated in the Oyster License Buyback Account and the Commercial License Buyback Subaccount;(C) number of commercial oyster boat licenses in the fishery issued in the license year of the specific bid offer application period;(D) bid offers from previous application periods;(E) established open market prices for licenses; and(F) other relevant factors.(e) Application Ranking Procedures.(1) Ranking values will be assigned to all applications based on the criteria set forth in subsection (d) of this section.(2) The department will purchase licenses beginning with the highest ranking to the lowest.(3) Equally ranked bid offers:(A) If bid offers are equally ranked and both vessels are not the same length, the department will rank the larger vessel ahead of the smaller.(B) If bid offers are equally ranked, the department will rank according to the ascending alphabetical order of the applicant's last name.(f) Notification of Acceptance or Rejection of Application.(1) Department will notify each applicant in writing within 45 days of receipt of application regarding acceptance or rejection of application bid offer.(2) Applicants whose bids are accepted must then notify the department of their intent to accept or reject the offer from the department within 15 days of the postmark of the notification letter sent by the department.(g) Delegation of Purchasing Authority.(1) The department may designate other qualified agents to purchase licenses on behalf of the department provided all purchased licenses are surrendered to the department and retired.(2) The designated qualified agents may utilize the Oyster License Buyback Criteria established in subsection (d) of this section to purchase licenses.(h) The department shall set aside 20 percent of the fees from licenses issued under this subchapter for the purpose of buying back commercial oyster boat licenses from willing license holders. Source Note: The provisions of this §58.70 adopted to be effective October 7, 2018, 43 TexReg 6660. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 58 OYSTERS, SHRIMP, AND FINFISH A STATEWIDE OYSTER FISHERY PROCLAMATION §58.70 Oyster License Buyback Program https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18893&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18893 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18893&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18893 03/11/2026 (a) This subchapter applies to the taking, attempting to take, possession, purchase, and sale of shrimp resources in the salt waters of Texas. It carries out the Commission's rulemaking authority granted by the legislature in Parks and Wildlife Code, Chapter 77. The law covering the taking, attempting to take, possession, purchase, and sale of shrimp resources in the salt waters of Texas is set forth in both Parks and Wildlife Code, Chapter 77 and this subchapter whereby the provisions of this subchapter prevail over any conflicting provision of Parks and Wildlife Code, Chapter 77 to the extent of the conflict as set forth in Parks and Wildlife Code, §77.007.(b) This subchapter also applies to shrimp caught in the Exclusive Economic Zone (EEZ) and landed in this state, under the authority of Parks and Wildlife Code, §47.019(b) (Federal Law also regulates species managed under Federal Fishery Management Plan).(c) Foreign Shrimp. Provisions of this subchapter prohibiting possession, sale, purchase, unloading, or other handling of shrimp apply to shrimp caught in this state and shrimp coming from another state or country unless specifically provided otherwise. Source Note: The provisions of this §58.101 adopted to be effective October 3, 1996, 21 TexReg 9176. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 58 OYSTERS, SHRIMP, AND FINFISH B STATEWIDE SHRIMP FISHERY PROCLAMATION §58.101 Application https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173078&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 173078 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173078&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 173078 03/11/2026 The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Aquatic products--Any aquatic life, alive or dead, uncooked, fresh or frozen, which is intended to be used for human consumption or bait.(2) Accelerator funnel--a device used to accelerate the flow of water through a shrimp trawl.(3) Bait bays--Bait bays are: major bays, Chocolate Bay, West Bay south and west of Interstate Highway 45 Causeway bridge and the Gulf Intracoastal Waterway inclusive of the area south of a line extending westward from the Interstate Highway 45 Causeway bridge at Virginia Point, along the southern edge of Tiki Island to the northeastern tip of North Deer Island at Channel Marker 48, Trinity Bay northward from a line extending from the mouth of Double Bayou in Chambers County to Double Bayou Channel Marker 14, to Separator C-2, to Point Barrow, Chambers County, the Old Brazos River lying north of the Gulf Intracoastal Waterway in Brazoria County, Upper Laguna Madre, Baffin Bay, Alazan Bay, Baroom Bay, Lower Laguna Madre including the Brownsville ship channel, and the Gulf Intracoastal Waterway exclusive of all tributaries.(4) Bait-shrimp dealer--A person who operates an established place of business in a coastal county of the state for compensation or profit for the purpose of handling shrimp caught for use as bait from the inside water of this state, but does not include a person holding a wholesale fish dealer's license under Parks and Wildlife Code, §47.009.(5) Beam Trawl--A trawl, without wings, the mouth of which is held open by a rigid beam of wood or metal.(6) Bycatch Reduction Device (BRD)--a device installed in the cod end (tail bag) of a shrimp trawl for the purpose of excluding finfish from the net.(7) Centerline--the seam that runs along the top center of the trawl. In the absence of a seam, the centerline runs from the center point of the length of the head rope to the furthest distance on the top of the cod end of the trawl.(8) Coastal waters--All the salt water of this state (as defined in §65.3 of this title (relating to Definitions)), including that portion of the Gulf of Mexico within the jurisdiction of the state extending nine nautical miles from the Gulf shoreline.(9) Cod end (Tailbag)--the end of a trawl which acts as the receptacle for shrimp and other organisms caught in the net. It is closed and secured, at the extreme end, with a line.(10) Commercial bait shrimp boat--A boat that is required to be numbered or registered under the laws of the United States or of this state and that is used for the purpose of taking or attempting to take shrimp for use as bait and other aquatic products from the inside water of the state for pay or for the purpose of sale, barter, or exchange.(11) Commercial bay shrimp boat--A boat that is required to be numbered or registered under the laws of the United States or of this state and that is used for the purpose of taking or attempting to take shrimp and other aquatic products from the inside water of the state for pay or for the purpose of sale, barter, or exchange.(12) Commercial gulf shrimp boat--Any boat that is required to be numbered or registered under the laws of the United States or of this state and that is used for the purpose of taking or attempting to take shrimp and other aquatic products from the outside water of the state for pay or for the purpose of sale, barter, or exchange, or from salt water outside the state for pay or for the purpose of sale, barter, or exchange, and that unloads at a port or other point in the state without having been previously unloaded in another state or foreign country.(13) Contiguous zone--That area of the Gulf of Mexico lying adjacent to and offshore of the jurisdiction of the State of Texas and in which shrimp of the Family Penaeidae are found.(14) Individual bait-shrimp trawl--An otter trawl used for the purpose of catching shrimp for personal use.(15) Inside waters--All bays, inlets, outlets, passes, rivers, streams, and other bodies of water landward from the shoreline of the state along the Gulf of Mexico and contiguous to, or connected with, but not a part of, the Gulf of Mexico and within which the tide regularly rises and falls and in which saltwater shrimp are found or into which saltwater shrimp migrate.(16) Major bays--Major bays include the deeper, major bay areas of the inside water, including Sabine Lake north of Cameron Causeway to south of a line marked by the Gulf Intracoastal Waterway (Sabine Neches Canal/Sabine river) between the eastern most tip of Goat Island to the western most tip of Stewts Island, Trinity Bay southward from a line extending from the mouth of Double Bayou in Chambers County to Double Bayou Channel Marker 14, to Separator C-2, to Point Barrow, Chambers County, Galveston Bay, East Bay westward from a line extending from Frozen Point to the Gulf Intracoastal Waterway Marker 12, Matagorda Bay (westward of a line extending from a location on the mainland (where a line running immediately northwest (bearing 330 degrees) from Shellfish Marker A intersects the mainland) thence southeasterly to Shellfish Marker A located near the mainland, thence to Shellfish Marker B located near the end of Shell Island Reef, thence to the tide gauge located near the Matagorda Peninsula, and thence southeasterly (bearing 153 degrees) to the Matagorda Peninsula. East Matagorda Bay, Tres Palacios Bay south of a line from Grassey Point to the mouth of Pinkerton Bayou, Espiritu Santo Bay, Lavaca Bay southward of State Highway 35, San Antonio Bay southward of a line from McDowell Point to Mosquito Point, Aransas Bay, and Corpus Christi Bay exclusive of the area bounded by a line extending from the Gulf Intracoastal Waterway at the southwest point of the Dagger Island chain, along Dagger Island to the southeast tip of South Ransom Island, then southeast to the westernmost point of land north of Marker 14 in the Corpus Christi Ship Channel, all exclusive of tributary bays, bayous, and inlets, lakes and rivers.(17) Northern Shrimp Zone--That portion of outside waters north of the Corpus Christi Fish Pass Jetties from a line formed by Latitude 27° 40' 34" to the Texas-Louisiana border.(18) Nursery areas--Includes tributary bays, bayous, inlets, lakes, and rivers, which are proven to serve as significant growth and development environments for postlarval and juvenile shrimp not including the outside waters, major bays, or bait bays as defined in this section.(19) Otter Trawl--A funnel-shaped trawl, with wings, the mouth of which is held open by floats and weights and spread by trawl doors fastened to the wings.(20) Outside waters--All the salt water of the state contiguous to and seaward from the shoreline of the state along the Gulf of Mexico as the shoreline is projected and extended in a continuous and unbroken line, following the contours of the shoreline, across bays, inlets, outlets, passes, rivers, streams, and other bodies of water; and that portion of the Gulf of Mexico extending from the shoreline seaward and within the jurisdiction of the state.(21) Permanent structure--A building designed, planned, and constructed so as to remain at one location.(22) Place of business--A permanent structure on the mainland or a barrier island where aquatic products or orders for aquatic products are received, or where aquatic products are sold or purchased, but does not include a vehicle, a boat, or any type of floating device, a public cold storage vault, or the portion of a structure that is used as a residence.(23) Possess--The act of having in possession or control, keeping, detaining, restraining or holding.(24) Second offense and third and subsequent offenses--Offenses for which convictions have been obtained within three years prior to the date of the offense charged.(25) Shrimping--The taking or attempting to take shrimp from the public waters of this state.(26) Shrimp house operator--A person who operates a shrimp house, plant, or other establishment for compensation or profit for the purpose of unloading and handling, from commercial gulf shrimp boats or commercial bay shrimp boats, fresh shrimp and other edible aquatic products caught or taken from the coastal water of the state or from salt water outside the state and brought into the state without having been previously unloaded in another state or foreign country, but does not include a person holding a wholesale fish dealer's license under Parks and Wildlife Code, §47.009.(27) Southern Shrimp Zone--That portion of outside waters south of the Corpus Christi Fish Pass Jetties from a line formed by Latitude 27° 40' 34" southward to the Texas-Mexico border.(28) Tailbag (Cod end)--the end of a trawl which acts as the receptacle for shrimp and other organisms caught in the net. It is closed and secured, at the extreme end, with a line.(29) Trawl--A beam trawl or otter trawl with a bag-shaped net which is used to catch shrimp.(30) Turtle Excluder Device (TED)--a device designed to be installed in a shrimp trawl forward of the cod end (tail bag) for the purpose of excluding sea turtles from the net and that meets the dimensions and specifications of an approved device as described in 50 CFR Part 223 §223.207 on August 13, 2012. Source Note: The provisions of this §58.102 adopted to be effective October 3, 1996, 21 TexReg 9176; amended to be effective October 10, 2000, 25 TexReg 10157; amended to be effective January 2, 2002, 26 TexReg 11004; amended to be effective March 27, 2006, 31 TexReg 2693; amended to be effective July 23, 2015, 40 TexReg 4698. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 58 OYSTERS, SHRIMP, AND FINFISH B STATEWIDE SHRIMP FISHERY PROCLAMATION §58.102 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3564&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3564 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3564&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3564 03/11/2026 (a) The Shrimp Fishery Management Plan and the Economic Impact Analysis are adopted by reference.(b) Copies may be obtained at the Texas Parks and Wildlife Department offices at 4200 Smith School Road, Austin, Texas 78744. Source Note: The provisions of this §58.103 adopted to be effective October 3, 1996, 21 TexReg 9176. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 58 OYSTERS, SHRIMP, AND FINFISH B STATEWIDE SHRIMP FISHERY PROCLAMATION §58.103 Shrimp Management Plan https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=28510&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 28510 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=28510&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 28510 03/11/2026 A person who violates a provision of this subchapter is subject to penalties and provisions as authorized by Parks and Wildlife Code, Chapter 77. Source Note: The provisions of this §58.104 adopted to be effective October 3, 1996, 21 TexReg 9176. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 58 OYSTERS, SHRIMP, AND FINFISH B STATEWIDE SHRIMP FISHERY PROCLAMATION §58.104 Penalty and Responsibility for Violation https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3565&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3565 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3565&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3565 03/11/2026 (a) Delegation of Authority. The commission delegates power and authority to the executive director to administer the Shrimp License Buyback Program.(b) License Buyback Bid Application Period.(1) The department will open one or more license buyback bid offer application periods (hereafter referred to as application) per license year if available funds permit.(2) The department shall establish during each application period a deadline for receipt of all applications.(c) License Buyback Application Requirements.(1) The department shall consider all applications to the Shrimp License Buyback Program provided the applicants meet the following requirements:(A) A completed License Buyback Application form furnished by the department has been submitted to the department by the application deadline;(B) The applicant is the owner of the license submitted for buyback; and(C) The applicant has submitted to the department copies of all supplemental information as required in this subsection.(2) A completed License Buyback Application shall contain:(A) full name of the applicant;(B) current address of applicant's residence;(C) social security number of applicant;(D) a copy of legal documentation that:(i) documents applicant as the sole owner of the vessel and holds the sole rights and privileges to the license; or(ii) documents that all members of a partnership or corporation are in agreement to apply to the license buyback program and the submitted bid offer for license buyback;(E) USCG vessel documentation number or State of Texas registration number;(F) a copy of current commercial bay and/or bait shrimp boat license; and(G) the applicant's bid offer, in U.S. dollars.(3) Department records will be used to verify all information supplied by or pertaining to the applicant's history in the shrimp fishery or will be used in cases where the applicant has not provided adequate information for proper consideration of the application.(4) Applications received after the established application deadline shall be held for consideration during the next bid offer application period.(d) Established Maximum Value Criteria.(1) The department may establish each license year criteria which will be used as appropriate to assign an Established Maximum Value to each application.(2) The department will assign an Established Maximum Value to each application according to criteria provided in this section.(3) The Established Maximum Value for each application will be based on the following criteria:(A) length of vessel;(B) duration of license in fishery prior to enactment of Parks and Wildlife Code, §§77.117-77.123;(C) amount of funds accumulated in the Shrimp License Buyback Account;(D) number of bay and bait licenses in the fishery issued in the license year of the specific bid offer application period;(E) bid offers from previous application periods;(F) established open market prices for licenses;(G) number of licenses offered for sale by applicant; and(H) other relevant factors.(4) Adjustments to Established Maximum Value: If an applicant offers both a commercial bay shrimp license and a commercial bait shrimp license issued for the same vessel, the department will add a premium of 7.5% to the Established Maximum Value of each license offered.(e) Application Ranking Procedures.(1) Ranking values will be assigned to all applications based on the greatest difference between the Established Maximum Value and the bid offers which are less than the Established Maximum Value.(2) The department will purchase licenses beginning with the highest ranking to the lowest.(3) Equally ranked bid offers:(A) If bid offers are equally ranked and one vessel is larger in length, the department will rank the larger vessel ahead of the smaller;(B) If bid offers are equally ranked and both vessels are the same length, the department will rank according to the ascending alphabetical order of the applicant's last name.(4) The department may purchase licenses from applicants whose offers fall within 10% of the Established Market Value and are greater than the Established Market Value.(f) Notification of Acceptance or Rejection of Application.(1) Department will notify each applicant in writing within 45 days of receipt of application regarding acceptance or rejection of application bid offer.(2) Applicants whose bids are accepted must then notify the department of their intent to accept or reject the offer from the department within 15 days of the postmark of the notification letter sent by the department.(3) The department may retain unsuccessful applications and include them in the next application period.(4) The unsuccessful applicant may withdraw, resubmit, or amend an application for consideration during any future application periods.(5) The department will continue to purchase in rank order as the buyback fund permits.(g) Delegation of purchasing authority.(1) The department may designate other qualified agents to purchase licenses on behalf of the department provided all purchased licenses are surrendered to the department and retired.(2) The designated qualified agents may utilize the Maximum Value Criteria established in subsection (d) this section to purchase licenses. Source Note: The provisions of this §58.130 adopted to be effective October 3, 1996, 21 TexReg 9176. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 58 OYSTERS, SHRIMP, AND FINFISH B STATEWIDE SHRIMP FISHERY PROCLAMATION §58.130 Shrimp License Buyback Program https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=123960&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 123960 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=123960&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 123960 03/11/2026 (a) Reporting by licensee. A licensee under this section who catches and then sells shrimp in the state to individuals other than shrimp house operator, wholesale fish dealer, retail fish dealer, wholesale truck dealer, retail truck dealer, bait dealer, bait-shrimp dealer shall submit to the department by the tenth day of each month, the report required under Parks and Wildlife Code, §66.019.(b) Possession after season: No person may retain saltwater shrimp in their fresh state legally taken in the coastal water of this state for more than five days after the end of an open season for the taking of shrimp unless he is a licensed bait dealer, bait-shrimp dealer, or sports fisherman.(c) Handling of shrimp.(1) No shrimp house operator, wholesale fish dealer, retail fish dealer, wholesale truck dealer, retail truck dealer, bait dealer, bait-shrimp dealer, or other person holding a license issued by the department may knowingly unload, buy, sell, transport, or handle in any way shrimp or bait shrimp:(A) from an unlicensed gulf shrimp boat, an unlicensed commercial bay shrimp boat or an unlicensed commercial bait shrimp boat;(B) of a prohibited size;(C) caught in the inside water or outside water during respective closed seasons as provided in this subchapter; or(D) in violation of a provision of this subchapter.(2) No licensed commercial bait-shrimp boat captain may deliver or unload shrimp caught under authority of a commercial bait-shrimp boat license except directly to the established place of business of a licensed bait-shrimp dealer or a sports fisherman.(3) No licensed bait-shrimp dealer may knowingly unload, buy, or handle in any way bait shrimp from an unlicensed commercial bait-shrimp boat. Source Note: The provisions of this §58.150 adopted to be effective October 3, 1996, 21 TexReg 9176; amended to be effective March 27, 2006, 31 TexReg 2693. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 58 OYSTERS, SHRIMP, AND FINFISH B STATEWIDE SHRIMP FISHERY PROCLAMATION §58.150 Sale, Purchase, and Handling of Shrimp--General Rules https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173076&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 173076 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173076&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 173076 03/11/2026 (a) It is unlawful to:(1) take or attempt to take shrimp within the boundaries of any natural or man-made pass leading from the inside waters to the outside waters (Gulf of Mexico) of the state;(2) use a trawl at a time when shrimping is prohibited;(3) possess a trawl of any type or mesh size in an area where the trawl or mesh size are prohibited. Such trawls may be possessed on vessels in port or in a marked channel going directly to or from an area where the use of the trawl is permitted; or(4) head shrimp aboard a boat in inside water or dump or deposit shrimp heads in the inside water.(b) A commercial shrimp boat license must be prominently displayed as to be clearly visible from both sides of the boat.(c) All commercial shrimp boats are required to exhibit the vessel's documentation or registration number on the port and starboard sides of the deckhouse or hull and on an appropriate weather deck. The number in block numerals in contrasting color to the background must be at least 18 inches in height on vessels over 65 feet and ten inches in height for all other vessels and be permanently attached.(d) Gear Measurements: Except as otherwise provided in this section, all gear measurements are made as follows:(1) Otter trawls (main net and try net)--Total net width is measured along an uninterrupted corkline from leading tip of door to leading tip of door including any and all add-on devices or attachments to the corkline.(2) Beam Trawls (main net and try net)--measured along the beam of a beam trawl in its fully extended position.(3) Doors--measured along the door centerline from the leading tip to the trailing edge of the door, excluding any add-on devices of any type.(4) Mesh sizes--measured between the two most widely separated knots in any consecutive series of five stretched meshes after the trawl has been used, and applies to the trawl, bag and bag liner. Mesh size requirements do not apply to net material used in any approved excluder device.(5) Functional tailbag length--that portion of the cod end forward of the tail rope tie off rings toward the mouth of the trawl.(6) TED Length: if the webbing immediately surrounding a hard TED has a mesh size smaller than that allowed for the trawl for that area or season, such webbing may not be greater than 60 total stretched meshes in length, not including the escape flap.(e) Bycatch Reduction Device (BRD) requirements.(1) Except as otherwise provided in this section, all shrimp boats must have an approved BRD installed in each trawl that is rigged for fishing. A trawl is rigged for fishing if it is in the water, or if it is shackled, tied, or otherwise connected to any trawl door or board, or to any tow rope, cable, pole or extension, either on board or attached in any manner to the shrimp boat.(2) Exemptions from the BRD requirement--A shrimp boat is exempt from the BRD requirements of paragraph (1) of this subsection if it:(A) is fishing under the provisions of a commercial bait shrimp license as established in §58.164 of this title (relating to Shrimping Inside Waters--Commercial Bait Shrimping); or(B) is fishing under the provisions of a individual bait-shrimp trawl tag as established in §58.165 of this title (relating to Non-commercial (Recreational) Shrimping).(C) Shrimp boats may substitute tow-time restrictions for the BRD requirement of this subsection when the Assistant Administrator of the National Marine Fisheries Service (NMFS) has determined, under 50 CFR §223.206(d)(3)(ii), that special environmental conditions in a particular area make trawling with TED-equipped nets impracticable. Compliance with tow-time restrictions in place of the BRD requirement shall be subject to the limitations established by NMFS in its notice under 50 CFR §23.206(d)(3)(iv), including time period, locations, and any other conditions or restrictions that NMFS establishes.(3) A single try net that is 21 feet in total width or less is exempt from the BRD requirement.(4) Approved BRDs:(A) In outside waters: Any BRD that meets the dimensions and specifications of an approved device as described in 50 Code Federal Regulations (CFR) Part 622 §622.41 in effect as of June 23, 2010.(B) In inside waters:(i) Any BRD (other than an extended funnel devices similar to "Jones/Davis" and "large mesh" devices) that meets the dimensions and specifications of an approved device as described in 50 Code Federal Regulations (CFR) Part 622 §622.41 as of June 23, 2010; or(ii) An extended funnel device similar to "Jones/Davis", "large mesh" constructed and installed as follows:(I) Extension Material. The small-mesh sections used on both sides of the large-mesh escape section are constructed of No. 18 nylon webbing with a mesh size of 6-7/8 inches over 5 stretched meshes. The front section is 120 meshes around by 6-1/2 meshes deep. The back section is 120 meshes around by 23 meshes deep.(II) Large-Mesh Escape Section. The large-mesh escape section is constructed of webbing with a mesh size of 40-50 inches over 5 stretched meshes. This section is cut on the bar to form a section that is 15 inches by 75 inches in circumference. The leading edge is attached to the 6-1/2-mesh extension section and the rear edge is attached to the 23-mesh extension section.(III) Funnel. The funnel is constructed with a mesh size of 6-7/8 inches over 5 stretched meshes, No. 18 depth-stretched and heat-set polyethylene webbing. The circumference of the leading edge is 120 meshes and the back edge is 78 meshes. The short side of the funnel is 30 to 32 inches long and the opposite side of the funnel extends an additional 20 to 22 inches. The circumference of the leading edge of the funnel is attached to the forward small-mesh section three meshes forward of the large-mesh escape section and is evenly sewn, mesh for mesh, to the small-mesh section. The after edge of the funnel is attached to the after small-mesh section at its top and bottom eight meshes back from the large-mesh escape panel. Seven meshes of the top and seven meshes of the bottom of the funnel are attached to eight meshes at the top and bottom of the small-mesh section, such eight meshes being located immediately adjacent to the top and bottom centers of the small-mesh section on the side of the funnel's extended side. The extended side of the funnel is sewn at its top and bottom to the top and bottom of the small-mesh section, extending at an angle toward the top and bottom centers of the small-mesh section.(IV) Semi-Rigid Hoop. A 24-inch diameter hoop constructed of plastic-coated trawl cable, swaged together with a 3/8-inch micropress sleeve, is installed five meshes behind the trailing edge of the large mesh section. The extension webbing must be laced to the ring around the entire circumference and must be equally distributed on the hoop, that is, 30 meshes must be evenly attached to each quadrant.(V) Installation. The extended funnel BRD is attached 8 inches behind the posterior edge of the TED. If it is attached behind a soft TED, a second semi-rigid hoop, as prescribed in subclause (IV) of this clause, must be installed in the front section of the BRD extension webbing at the leading edge of the funnel. The cod end of the trawl net is attached to the trailing edge of the BRD.(iii) Expanded Mesh. The expanded mesh BRD is constructed and installed exactly the same as the standard size extended funnel BRD, except that one side of the funnel is not extended to form a lead panel.(f) Turtle Excluder Device (TED) requirements.(1) Except as otherwise provided in this section, all shrimp boats fishing in Texas waters must have an approved TED installed in each trawl that is rigged for fishing. A trawl is rigged for fishing if it is in the water, or if it is shackled, tied, or otherwise connected to any trawl door or board, or to any tow rope, cable, pole or extension, either on board or attached in any manner to the shrimp boat.(2) Exemptions from the TED requirement. A shrimp boat is exempt from the TED requirements if it:(A) has on board no power or mechanical-advantage trawl retrieval system (i.e., any device used to haul any part of the trawl aboard); or(B) has only a pusher-head trawl, skimmer trawl, or wing net rigged for fishing.(C) Shrimp boats may substitute tow-time restrictions for the TED requirement of this subsection when the Assistant Administrator of NMFS has determined, under 50 CFR §223.206(d)(3)(ii), that special environmental conditions in a particular area make trawling with TED-equipped nets impracticable. Compliance with tow-time restrictions in place of the TED requirement shall be subject to the limitations established by NMFS in its notice under 50 CFR §223.206(d)(3)(iv), including time period, locations, and any other conditions or restrictions that NMFS establishes.(3) Exempted gear or activities. The following fishing gear or activities are exempted from the TED requirements:(A) A single test net (try net) that is 21 feet in total width or less, if it is either pulled immediately in front of another trawl or is not connected to another trawl in any way, if no more than one test net is used at a time, and if it is not towed as a primary trawl;(B) A beam or roller trawl, if the frame is outfitted with rigid vertical bars, and if none of the spaces between the bars, or between the bars and the frame, exceeds 4 inches.(g) Other aquatic life taken incidental to legal shrimping operations.(1) Licensed Commercial Shrimp Boats.(A) Other aquatic life taken incidental to legal shrimping operations may not be retained except as provided in this section.(B) On board a licensed commercial shrimp boat, a catch of finfish or other aquatic life may be retained in any combination not to exceed 50% by weight of the total weight of the trawl catch of shrimp.(i) Finfish or other aquatic life may be retained under the provisions of this subparagraph only by:(I) the holder of the current commercial shrimp boat license for that vessel; and/or(II) the holder of a current commercial shrimp boat captain's license on board the vessel.(ii) Finfish or other aquatic life retained under the provisions of this subparagraph must comply with the bag and length limits established for that species under §57.981 of this title (relating to Bag, Possession, and Length Limits), if applicable.(iii) A catch of finfish or other aquatic life retained under this subparagraph may be shared among persons authorized under clause (i) of this subparagraph to retain finfish or other aquatic life, but no person or persons, singly or in the aggregate, may retain more than 50% by weight of the total trawl catch of shrimp by weight while on board a licensed commercial shrimp boat.(iv) From May 1 through September 30 of each year, in addition to the provision of this subparagraph:(I) up to 1,500 live non-game fish, not regulated by bag or size limits, may be retained on board a licensed commercial bait-shrimp boat for bait purposes only; and(II) up to 3,600 (300 dozen) Atlantic cutlassfish (Trichiurus lepturus) (also known as ribbonfish) may be retained on board a licensed commercial bait-shrimp boat for bait purposes only.(2) Non-commercial shrimping. A person using an individual bait shrimp trawl for non-commercial purposes may retain for bait purposes only up to 200 non-game fish, not regulated by bag or size limits. Source Note: The provisions of this §58.160 adopted to be effective October 3, 1996, 21 TexReg 9176; amended to be effective May 22, 1997, 22 TexReg 4251; amended to be effective June 1, 1998, 23 TexReg 5726; amended to be effective October 10, 2000, 25 TexReg 10157; amended to be effective January 2, 2002, 26 TexReg 11004; amended to be effective March 27, 2006, 31 TexReg 2693; amended to be effective November 18, 2008, 33 TexReg 9264; amended to be effective November 30, 2010, 35 TexReg 10511; amended to be effective May 29, 2011, 36 TexReg 3331; amended to be effective June 12,2013,38 TexReg 3649; amended to be effective July 23, 2015, 40 TexReg 4698. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 58 OYSTERS, SHRIMP, AND FINFISH B STATEWIDE SHRIMP FISHERY PROCLAMATION §58.160 Taking or Attempting to Take Shrimp (Shrimping)--General Rules https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192564&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 192564 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192564&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 192564 03/11/2026 (a) Gulf net restrictions.(1) Except as otherwise provided in this section, no trawls may have a mesh size smaller than 8-3/4 inches in length between the two most widely separated knots in any consecutive series of five stretched meshes after the trawl has been used.(2) Except as otherwise provided in this section, the presence of a shrimp trawl (excluding doors) not stored within the confines of the hull of a vessel in outside water during the closed periods provided by subsection (d) of this section is prima facie evidence of a violation of this section.(3) Electro-trawls. In outside waters beyond 5 nautical miles, an electro-trawl having an applied voltage of no more than three volts may be used for taking shrimp.(4) Number of trawls:(A) There are no restrictions on the number of trawls that may be used in outside waters except as provided in this section;(B) No more than two trawls may be used in the outside waters from shoreline out to three nautical miles except as provided in this section.(5) Except as otherwise provided in this section, in the outside waters from shoreline out to three nautical miles, the main trawl:(A) must have doors at least 3 feet long as measured along the door centerline from leading tip to the trailing edge of the door; and(B) must not exceed any of the following dimensions, as measured along an uninterrupted corkline from leading tip of door to leading tip of door including any and all add-on devices or attachments to the corkline:Attached Graphic(b) Bag and possession limits. During the gulf open season there are no bag and possession limits on shrimp.(c) Size limits. Shrimp of any size may be retained when caught lawfully in the outside waters.(d) Gulf shrimping seasons. The outside waters are open to shrimping except:(1) The Southern Shrimp Zone from the shoreline out to 5 nautical miles is closed to shrimping from February 16 to the start date of the summer Gulf closure.(2) Night: The outside waters from the shoreline out to 5 nautical miles is closed to night shrimping (30 minutes after sunset to 30 minutes before sunrise).(3) Summer closed season:(A) The outside waters are closed from 30 minutes after sunset on May 15 to 30 minutes after sunset July 15.(B) The commission may change the opening and closing dates to provide an earlier, later, or longer closed season not to exceed 75 days, and delegates to the executive director the authority to open and close the season as provided in Parks and Wildlife Code, §77.062, not to exceed 60 days.(C) The department will provide 72 hours public notice prior to a change in the closing date, and 24 hours public notice prior to reopening the season.(4) The outside waters from the shoreline out to 5 nautical miles are closed from December 1 through February 15 the following year unless taking seabobs in the Northern Zone.(5) Seabob season:(A) Seabobs may be taken:(i) during daylight hours only (30 minutes before sunrise to 30 minutes after sunset);(ii) during the gulf open season; and(iii) during the winter closed season (in the North Zone only).(B) No person catching seabobs may catch or have on board a boat any other species of shrimp which exceed 10%, in weight or number, of the entire catch.(C) Not more than one trawl may be used for taking Seabobs, except a try net may also be used.(D) Net restrictions.(i) Try nets.(I) A trawl used as a try net may not exceed 12 feet in width as measured from the trailing edge of one door to the trailing edge of the other door.(II) Try net trawl doors may not exceed 450 square inches each.(ii) Main trawl(I) Trawl width may not exceed any of the following dimensions, as measured along an uninterrupted corkline from leading tip of door including any and all add-on devices or attachments to the corkline:Attached Graphic(II) Mesh size: trawls used for seabobs must have a mesh size of 6-1/2 inches in length between the two most widely separated knots in a consecutive series of five stretched meshes after the trawl has been used.(e) A vessel that is required under the provisions of Parks and Wildlife Code, §77.034 to obtain a commercial gulf unloading license shall, at all times the vessel is in state waters, store all trawls and trawl doors within the confines of the hull of the vessel. For the purposes of this subsection, "within the confines of the hull" means within a line perpendicular to and projected upwards from the gunwales of the vessel. Source Note: The provisions of this §58.161 adopted to be effective October 3, 1996, 21 TexReg 9176; amended to be effective October 10, 2000, 25 TexReg 10157; amended to be effective January 2, 2002, 26 TexReg 11004; amended to be effective March 21, 2007, 32 TexReg 1579; amended to be effective October 7, 2018, 43 TexReg 6662. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 58 OYSTERS, SHRIMP, AND FINFISH B STATEWIDE SHRIMP FISHERY PROCLAMATION §58.161 Shrimping in Outside Waters https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=172323&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 172323 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=172323&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 172323 03/11/2026 (a) It is unlawful:(1) during the period April 1 through August 14, to take or attempt to take shrimp from the inside water except between the hours of 30 minutes before sunrise to 30 minutes after sunset;(2) to use a trawl at a time when shrimping is prohibited;(3) to fail to have the spreading devices:(A) out of the water and on the deck of the vessel, and the trawl bag untied at a time when shrimping is prohibited; or(B) out of the water and at the towing block, and the trawl bag untied at a time when shrimping is prohibited.(4) to take or attempt to take shrimp from inside water from 30 minutes after sunset to 30 minutes before sunrise except as provided in this subchapter;(5) to take or attempt to take shrimp with a trawl at any other time or in any other place in the Laguna Madre north of a line starting on the mainland at the most northeasterly point on the north side of the entrance to Whiteley Channel then proceeding in a straight line to the north end of Pita Island; then continuing on a line to the southernmost point on the westerly most spoil island bordering the north side of the New Humble Channel (commonly referred to as Hap's Channel); then continuing on a line along the north edge of the New Humble Channel (commonly referred to as Hap's Channel) to its junction with the gulf Intracoastal Waterway; then continuing on a straight line to the Nueces/Kleberg County line marker on Padre Island;(6) to use or have on board more than one set of doors or spreading device for the main trawl;(7) to use or have on board more than one set of doors or spreading device for the try net; or(8) use more than one trawl at a time, except a try net may also be used.(b) Dual licensed boats. During the period May 15 through July 15, it is unlawful for the operator of a boat licensed both as a commercial bay shrimp boat and a commercial bait shrimp boat to:(1) take more than 800 pounds of shrimp per boat per calendar day in major bays;(2) possess or have on board a boat in the inside water or unload or attempt to unload at any point in this state more than 800 pounds of shrimp; or(3) to take or attempt to take shrimp in both a major bay and any other water within the same calendar day. Source Note: The provisions of this §58.162 adopted to be effective October 3, 1996, 21 TexReg 9176; amended to be effective January 2, 2002, 26 TexReg 11004; amended to be effective May 14, 2015, 40 TexReg 2573. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 58 OYSTERS, SHRIMP, AND FINFISH B STATEWIDE SHRIMP FISHERY PROCLAMATION §58.162 Shrimping in Inside Waters--General Rules https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=172324&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 172324 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=172324&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 172324 03/11/2026 (a) General rules. (1) Open waters--commercial bay shrimp boats may shrimp only in major bays. (2) It is unlawful for any person: (A) aboard a vessel licensed as a commercial bay shrimp boat to off-load, transfer, sell, or barter any amount of live or dead shrimp to a person aboard another vessel; or (B) aboard a vessel to off-load, transfer, purchase or barter from a person aboard a vessel licensed as a commercial bay shrimp boat any amount of live or dead shrimp.(b) Spring open season. (1) The spring open season extends from May 15 through July 15 in major bays only. (2) Legal shrimping hours: 30 minutes before sunrise to 30 minutes after sunset. (3) Bag and possession limits: No more than 800 pounds of whole shrimp per day may be taken or possessed on board. (4) Size limits: Shrimp of any size may be retained when caught lawfully during spring open season in inside waters (5) Net restrictions. (A) Try nets. (i) A trawl used as a try net may not exceed 21 feet in total width. (ii) Try net trawl doors or boards may not exceed 450 square inches each. (iii) A beam trawl used as a try net may not exceed ten feet in width. (B) Main trawl: (i) must have doors at least three feet long as measured along the door centerline from leading tip to the trailing edge of the door; and (ii) must not exceed any of the following dimensions, as measured along an uninterrupted corkline from leading tip of door to leading tip of door including any and all add-on devices or attachments to the corkline: Attached Graphic(C) A beam trawl used as a main trawl may not exceed 25 feet in total width. (D) Mesh size may not be less than 6 1/2 inches in length between the two most widely separated knots in any consecutive series of five stretched meshes after the trawl has been used. (c) Fall open season. (1) The fall open season extends from August 15 through November 30 in major bays only. (2) Legal shrimping hours: 30 minutes before sunrise to 30 minutes after sunset. (3) Bag and possession limits are not restricted. (4) Size limits: (A) From August 15 through October 31, the legal shrimp count is 50 heads on per pound. (B) From November 1 through November 30 there are no count or size requirements. (5) Net restrictions. (A) Try nets. (i) A trawl used as a try net may not exceed 21 feet in total width. (ii) Try net trawl doors or boards may not exceed 450 square inches each. (iii) A beam trawl used as a try net may not exceed ten feet in width. (B) Main trawl may not exceed 95 feet in total width. (C) Mesh size in the main trawl: mesh size may not be less than 8-3/4 inches in length between the two most widely separated knots in any consecutive series of five stretched meshes after the trawl has been used, EXCEPT from November 1 through November 30, mesh size may not be less than 6-1/2 inches in length between the two most widely separated knots in any consecutive series of five stretched meshes after the trawl has been used. (d) Winter open season. (1) The winter open season extends from February 1 through April 15 in major bays only south of the Colorado River. (2) Legal shrimping hours: 30 minutes after sunset to 30 minutes before sunrise. (3) Bag and possession limits are not restricted. (4) Size limits: Shrimp of any size may be retained when caught lawfully during winter open season in inside waters.(5) Net restrictions.(A) Try nets. (i) A trawl used as a try net may not exceed 21 feet in total width. (ii) Try net trawl doors or boards may not exceed 450 square inches each. (iii) A beam trawl used as a try net may not exceed ten feet in width. (B) Main trawl: (i) must have doors at least three feet long as measured along the door centerline from leading tip to the trailing edge of the door; and (ii) must not exceed any of the following dimensions, as measured along an uninterrupted corkline from leading tip of door to leading tip of door including any and all add-on devices or attachments to the corkline: Attached Graphic(C) A beam trawl used as a main trawl may not exceed 25 feet in total width. (D) Mesh size may not be less than 6 1/2 inches in length between the two most widely separated knots in any consecutive series of five stretched meshes after the trawl has been placed in use Source Note: The provisions of this §58.163 adopted to be effective October 3, 1996, 21 TexReg 9176; amended to be effective October 10, 2000, 25 TexReg 10157; amended to be effective January 2, 2002, 26 TexReg 11004; amended to be effective May 14, 2015, 40 TexReg 2573. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 58 OYSTERS, SHRIMP, AND FINFISH B STATEWIDE SHRIMP FISHERY PROCLAMATION §58.163 Shrimping in Inside Waters--Commercial Bay Shrimping https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225391&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 225391 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225391&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 225391 03/11/2026 (a) General rules. (1) A person who has on board or displays a commercial bait-shrimp boat license must operate only under the bait-shrimp rules of this section. (2) Open waters: commercial bait shrimp boats may shrimp only in bait bays and major bays, except as otherwise provided in this subchapter. (3) It is unlawful for any person: (A) aboard a vessel licensed as a commercial bait-shrimp boat to off-load, transfer, sell, or barter any amount of live or dead shrimp, except an amount of live or dead shrimp not to exceed two quarts per sport fisherman or one gallon (by volume) for two or more sport fishermen may be off-loaded, transferred, sold or bartered to a person aboard a sport fishing vessel; or (B) aboard a vessel to off-load, transfer, purchase, or barter from a person aboard a vessel licensed as a commercial bait-shrimp boat any amount of live or dead shrimp, except a person aboard a sport fishing vessel may off-load, transfer, purchase, or barter an amount of live or dead shrimp not to exceed two quarts per sport fisherman or one gallon (by volume) for two or more sport fishermen. (b) Commercial bait-shrimp season. (1) Commercial bait-shrimp season is open year-round. (2) Legal shrimping hours. (A) From August 15 through March 31 legal shrimping hours are 30 minutes before sunrise to 30 minutes after sunset.(B) From April 1 through August 14 legal shrimping hours are 30 minutes before sunrise to 30 minutes after sunset. (C) In the Gulf Intracoastal Waterway between markers 17 and 57 in the Laguna Madre in Nueces County, bait-shrimp may be taken only from 1:00 a.m. to 30 minutes before sunrise each day. (c) Bag and possession limits. (1) No more than 200 pounds of whole shrimp per day may be taken or possessed on board. (2) At least 50% of the on-board catch must be kept in a live condition, except during the period August 16 through November 14.(3) All shrimp on board must have heads attached.(d) Size limits: Shrimp of any size may be retained when caught lawfully during commercial bait-shrimp operations in inside waters. (e) Net restrictions. (1) Try nets. (A) A trawl used as a try net may not exceed 12 feet in total width. (B) Try net trawl doors or boards may not exceed 450 square inches each. (C) A beam trawl used as a try net may not exceed five feet in width. (2) Main trawl: (A) must have doors at least three feet long as measured along the door centerline from leading tip to the trailing edge of the door; and (B) must not exceed any of the following dimensions, as measured along an uninterrupted corkline from leading tip of door to leading tip of door including any and all add-on devices or attachments to the corkline: Attached Graphic(C) A beam trawl used as a main trawl may not exceed 25 feet in total width. (3) Mesh size may not be less than 6 1/2 inches in length between the two most widely separated knots in any consecutive series of five stretched meshes after the trawl has been placed in use. (4) In the Gulf Intracoastal Waterway between markers 17 and 57 (as indicated on the most current United States Coastal Survey Charts on the effective date of these rules) in the Laguna Madre in Nueces County, bait-shrimp may be taken with a legal beam trawl only. Source Note: The provisions of this §58.164 adopted to be effective October 3, 1996, 21 TexReg 9176; amended to be effective October 10, 2000, 25 TexReg 10157; amended to be effective May 14, 2015, 40 TexReg 2573; amended to be effective July 14, 2025, 50 TexReg 4020. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 58 OYSTERS, SHRIMP, AND FINFISH B STATEWIDE SHRIMP FISHERY PROCLAMATION §58.164 Shrimping Inside Waters--Commercial Bait Shrimping https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184802&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 184802 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184802&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 184802 03/11/2026 (a) General rules.(1) It is unlawful for any person:(A) to take or attempt to take non-commercial shrimp in coastal waters by any means except an individual bait-shrimp trawl, cast net, or minnow seine not larger than 20 feet in length that is manually operated without the use of any mechanical means or devices;(B) to buy, sell, offer for sale, or handle in any way for profit non-commercial shrimp caught with an individual bait-shrimp trawl, cast net, or minnow seine not larger than 20 feet; or(C) to possess or have on board more than one individual bait-shrimp trawl.(2) Net restrictions--Individual bait-shrimp trawls.(A) Trawls may not exceed 20 feet in width as measured between the doors and along the uninterrupted corkline, including any and all add-on devices or attachments to the corkline.(B) Trawl doors or boards may not exceed 450 square inches each.(C) Mesh size may not be less than 8 3/4 inches in length between the two most widely separated knots in any consecutive series of five stretched meshes after the trawl has been placed in use.(b) Shrimping for personal use and bait--Outside waters.(1) Open waters--the outside waters are open to shrimping except:(A) Night: In the outside waters from the shoreline out to 5 nautical miles is closed to night shrimping (30 minutes after sunset to 30 minutes before sunrise).(B) That portion of the Southern Shrimp Zone from the shoreline out to 5 nautical miles is closed to shrimping from February 16 to the start date of the summer Gulf closure.(C) Summer closed season.(i) The outside waters are closed from 30 minutes after sunset on May 15 to 30 minutes after sunset July 15.(ii) The commission may change the opening and closing dates to provide an earlier, later, or longer season not to exceed 75 days.(iii) The department will provide 72 hours public notice prior to a change in the closing date, and 24 hours public notice prior to reopening the season.(D) Winter closed season: The outside waters from the shoreline out to 5 nautical miles are closed from December 1 through February 15 the following year.(2) Bag and possession limits.(A) Personal use: No more than 100 pounds of shrimp (in their natural state with heads attached) per day may be taken or possessed on board.(B) Bait: No more than two quarts of shrimp (in their natural state with heads attached) per person or four quarts of shrimp per boat may be on board or possessed.(3) Size limits: shrimp of any size may be retained when caught lawfully in the outside waters.(c) Shrimping for personal use--Inside waters.(1) Open waters. Major bays only are open to taking of shrimp for food for personal use.(2) Spring open season.(A) The spring open season extends from May 15 through July 15.(B) Legal shrimping hours: 30 minutes before sunrise to 30 minutes after sunset.(C) Bag and possession limits: No more than 15 pounds of shrimp (in their natural state with heads attached) per person per day may be taken or possessed on board.(D) Size limits: Shrimp of any size may be retained when caught lawfully during spring open season in inside waters.(3) Fall open season.(A) The fall open season extends from August 15 through November 30.(B) Legal shrimping hours: 30 minutes before sunrise to 30 minutes after sunset.(C) Bag and possession limits: No more than 15 pounds of shrimp (in their natural state with heads attached) per person per day may be taken or possessed on board.(d) Shrimping for bait--Inside waters.(1) Open waters: Bait bays and major bays only are open to taking of shrimp for bait.(2) Non-commercial bait-shrimp season. Bait bays and major bays are open year-round for non-commercial bait shrimping.(3) Legal shrimping hours are 30 minutes before sunrise to 30 minutes after sunset.(4) Bag and possession limits: No more than two quarts of shrimp (in their natural state with heads attached) per person or four quarts of shrimp per boat may be on board or possessed.(5) Size limits: Shrimp of any size may be retained when caught lawfully for bait in the inside waters. Source Note: The provisions of this §58.165 adopted to be effective October 3, 1996, 21 TexReg 9176; amended to be effective October 10, 2000, 25 TexReg 10157; amended to be effective January 2, 2002, 26 TexReg 11004; amended to be effective May 14, 2015, 40 TexReg 2573; amended to be effective July 9, 2017, 42 TexReg 3396. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 58 OYSTERS, SHRIMP, AND FINFISH B STATEWIDE SHRIMP FISHERY PROCLAMATION §58.165 Non-commercial (Recreational) Shrimping https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173077&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 173077 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173077&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 173077 03/11/2026 The provisions of §58.163(c)(4)(A) of this title (relating to Shrimping in Inside Waters--Commercial Bay Shrimping) are not effective as of the effective date of this section. Source Note: The provisions of this §58.166 adopted to be effective July 23, 2015, 40 TexReg 4698. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 58 OYSTERS, SHRIMP, AND FINFISH B STATEWIDE SHRIMP FISHERY PROCLAMATION §58.166 Special Provision https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3567&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3567 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3567&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3567 03/11/2026 Delegation of Authority. The Commission delegates power and authority to the executive director to administer the Crab License Management Program. Source Note: The provisions of this §58.201 adopted to be effective June 1, 1998, 23 TexReg 5727. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 58 OYSTERS, SHRIMP, AND FINFISH C STATEWIDE CRAB FISHERY PROCLAMATION §58.201 Crab License Management Program https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=162245&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 162245 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=162245&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 162245 03/11/2026 The following words and terms, when used in this subchapter shall have the following meanings, unless the context clearly indicates otherwise.(1) Coastal waters--All the salt water of this state (as defined in §65.3 of this title (relating to Definitions)), including that portion of the Gulf of Mexico within the jurisdiction of the state extending nine nautical miles from the Gulf shoreline.(2) Crab--All species in the families Portunidae and Menippidae.(3) Commercial crab fishing--Pursuing, taking, attempting to take, or landing crabs in this state for pay or for the purpose of sale, barter, or exchange.(4) Possess--The act of having in possession or control, keeping, detaining, restraining or holding. Source Note: The provisions of this §58.202 adopted to be effective June 1, 1998, 23 TexReg 5727; amended to be effective June 12, 2013, 38 TexReg 3649. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 58 OYSTERS, SHRIMP, AND FINFISH C STATEWIDE CRAB FISHERY PROCLAMATION §58.202 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=123911&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 123911 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=123911&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 123911 03/11/2026 (a) A person may not engage in commercial crab fishing without a commercial crab fisherman's license.(b) A person may operate a boat bearing a commercial crab fisherman's display license plate, ONLY if that person possesses on board the boat the following documentation:(1) a commercial crab fisherman's license or a general commercial fisherman's license; and(2) a copy of an affidavit permitting the boat operator to fish the commercial crab fishing devices owned by the person to whom the commercial crab fisherman's license was issued. The affidavit must contain the date, original signature of the licensee, and commercial crab license number which matches the commercial crab license plate number on the boat.(c) A person operating a boat for the purpose of commercial crab fishing is not required to possess a commercial fishing boat license. Source Note: The provisions of this §58.203 adopted to be effective June 1, 1998, 23 TexReg 5727; amended to be effective March 27, 2006, 31 TexReg 2693. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 58 OYSTERS, SHRIMP, AND FINFISH C STATEWIDE CRAB FISHERY PROCLAMATION §58.203 Licensing https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18885&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18885 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18885&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18885 03/11/2026 Licenses issued under authority of Parks and Wildlife Code, Chapter 78, and this subchapter are valid only during the yearly period for which they are issued without regard to the date on which the licenses are acquired. Each yearly period begins on September 1 and extends through August 31 of the next year. Source Note: The provisions of this §58.204 adopted to be effective June 1, 1998, 23 TexReg 5727. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 58 OYSTERS, SHRIMP, AND FINFISH C STATEWIDE CRAB FISHERY PROCLAMATION §58.204 License Expiration https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174131&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 174131 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174131&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 174131 03/11/2026 (a) A boat operated for the purposes of commercial crab fishing is required to have a commercial crab fisherman's license plate issued under this subchapter prominently displayed as to be clearly visible from both sides of the boat.(b) No more than one set of commercial crab fisherman's display license plates may be on board a commercial crab fishing boat when the vessel is engaged in an activity for which a commercial crab fisherman's license is required.(c) When a license plate is required to be aboard a vessel, the license plate must match the license aboard the vessel. Source Note: The provisions of this §58.205 adopted to be effective June 1, 1998, 23 TexReg 5727; amended to be effective March 27, 2006, 31 TexReg 2693; amended to be effective July 23, 2015, 40 TexReg 4699. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 58 OYSTERS, SHRIMP, AND FINFISH C STATEWIDE CRAB FISHERY PROCLAMATION §58.205 Display of License https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=123913&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 123913 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=123913&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 123913 03/11/2026 (a) The department may renew a commercial crab fisherman's license only if the person seeking to renew the license held the license to be renewed at the end of the previous license year.(b) Individuals not meeting the requirements set forth in subsection (a) of this section may appeal by application to the Crab License Management Review Board as provided in Parks and Wildlife Code, §78.103.(c) When evaluating a license application or license renewal application, the department may also consider department records pertaining to the applicant's history in the crab fishery. Source Note: The provisions of this §58.206 adopted to be effective June 1, 1998, 23 TexReg 5727; amended to be effective March 27, 2006, 31 TexReg 2693. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 58 OYSTERS, SHRIMP, AND FINFISH C STATEWIDE CRAB FISHERY PROCLAMATION §58.206 Issuance and Renewal of Commercial Crab Fisherman's License https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=31112&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 31112 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=31112&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 31112 03/11/2026 (a) Except as provided in this section, a commercial crab fisherman's license may not be transferred from one person to another before September 1, 2001.(b) A commercial crab fisherman's license may be transferred at any time, by will, or otherwise to any person who in the absence of a will would be entitled to all or a portion of the licensee's property upon death of the licensee. Source Note: The provisions of this §58.207 adopted to be effective June 1, 1998, 23 TexReg 5727. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 58 OYSTERS, SHRIMP, AND FINFISH C STATEWIDE CRAB FISHERY PROCLAMATION §58.207 License Transfer https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=123914&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 123914 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=123914&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 123914 03/11/2026 (a) Except as provided by subsection (b) of this section, no person may hold or directly control more than three commercial crab fisherman's licenses.(b) A commercial crab fisherman's license may only be issued to an individual. A business or partnership must designate an individual to whom the license will be issued. Source Note: The provisions of this §58.208 adopted to be effective June 1, 1998, 23 TexReg 5727; amended to be effective March 27, 2006, 31 TexReg 2693. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 58 OYSTERS, SHRIMP, AND FINFISH C STATEWIDE CRAB FISHERY PROCLAMATION §58.208 Limit on Number of Licenses Held; Designated License Holder https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=123915&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 123915 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=123915&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 123915 03/11/2026 (a) The executive director, after notice and the opportunity for a hearing, may suspend a commercial crab fisherman's license if the license holder and all other operators of the vessel operated for the purposes of commercial crab fishing, in the aggregate, are convicted of two or more flagrant offenses. The suspension shall be for:(1) six months, if:(A) the date of each offense is within any 12-consecutive-month period; and(B) the license holder has not previously had a commercial crab fisherman's license suspended under this section; or(2) 12 months, if the date of each offense is within any 12-consecutive-month period and the license holder has previously had a commercial crab fisherman's license suspended under this section.(b) License Renewal after Suspension:(1) Except as provided by subsection (c) of this section, a license suspension under this section does not affect the license holder's eligibility to renew the license after the suspension expires.(2) The holder of a license that has been suspended may not apply for a renewal of the license during the period of suspension.(c) The executive director, after notice and the opportunity for a hearing, may permanently revoke a commercial crab fisherman's license if:(1) the license holder has previously had a commercial crab fisherman's license suspended twice under this section; and(2) the license holder and all other operators of the vessel operated for the purposes of commercial crab fishing, in the aggregate, are subsequently convicted of two or more flagrant offenses in any 12-consecutive-month period beginning not earlier than the date of the beginning of the most recent suspension under this section.(d) For purposes of this section, a flagrant offense includes:(1) removing crab traps from the water or removing crabs from crab traps 30 minutes before or 30 minutes after legal crabbing hours prescribed by a proclamation of the commission;(2) fishing crab traps in a restricted area as set forth in §65.78 of this title (relating to Crabs and Ghost Shrimp);(3) fishing crab traps in excess of legal trap numbers prescribed by a proclamation of the commission;(4) fishing for crabs without obtaining the appropriate license prescribed in this subchapter; or(5) theft of crabs or crab traps. Source Note: The provisions of this §58.209 adopted to be effective June 1, 1998, 23 TexReg 5727; amended to be effective March 27, 2006, 31 TexReg 2693. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 58 OYSTERS, SHRIMP, AND FINFISH C STATEWIDE CRAB FISHERY PROCLAMATION §58.209 License Suspension and Revocation https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3568&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3568 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3568&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3568 03/11/2026 (a) Delegation of Authority. The commission delegates power and authority to the executive director to administer the Crab License Buyback Program.(b) Twenty percent of commercial crab fisherman's license and commercial crab fisherman's license transfer fees shall be set aside to be used only for the purpose of buying back commercial crab fisherman's licenses from a willing license holder.(c) License buyback application period.(1) The department will open license buyback bid application periods (hereafter referred to as application) if available funds permit.(2) The department shall establish during each application period a deadline for receipt of all applications.(d) License buyback application requirements.(1) The department shall consider all applications to the Crab License Buyback Program provided the applicants meet the following requirements:(A) A completed License Buyback Application form furnished by the department has been submitted to the Department by the application deadline;(B) The applicant is the owner of the license submitted for buyback; and(C) The applicant has submitted to the Department copies of all supplemental information as required in this subsection.(2) A completed License Buyback Application shall contain:(A) full name of the applicant;(B) current address of applicant's residence;(C) social security number of applicant;(D) a copy of legal documentation that:(i) documents applicant holds the sole rights and privileges to the license; or(ii) documents that all members of a partnership or association, or each officer of a corporation, and the owner of a majority of a corporation's corporate stock, are in agreement to apply to the license buyback program.(E) a copy of current commercial crab fisherman's license; and(F) if required, the applicant's bid offer, in U.S. dollars.(3) Department records will be used to verify all information supplied by or pertaining to the applicant's history in the crab fishery and in cases where the applicant has not provided adequate information for proper consideration of the application.(e) Crab license buyback criteria.(1) The department may establish criteria each license year which will be used to determine qualifications for license buyback.(2) The department may consider:(A) duration of participation in fishery prior to enactment of Parks and Wildlife Code, §§78.101-78.114;(B) amount of funds accumulated in the Crab License Buyback Account;(C) number of commercial crab fisherman's licenses in the fishery issued in the license year of the specific bid offer application period;(D) bid offers from previous application periods;(E) established open market prices for licenses; and(F) other relevant factors.(f) Application Ranking Procedures.(1) Ranking values will be assigned to all applications based on the above criteria.(2) The Department will purchase licenses beginning with the highest ranking to the lowest.(3) If bid offers are equally ranked, the Department will rank according to the ascending alphabetical order of the applicant's last name.(g) Notification of acceptance or rejection of application.(1) The department will notify each applicant in writing within 45 days of receipt of application regarding acceptance or rejection of application bid offer.(2) Applicants whose bids are accepted must then notify the department of their intent to accept or reject the offer from the department within 15 days of the postmark of the notification letter sent by the department.(3) The unsuccessful applicant may withdraw, resubmit, or amend an application for consideration during any future application periods.(4) The department will continue to purchase in rank order as the buyback fund permits.(h) Delegation of purchasing authority. The department may designate other qualified agents to purchase licenses on behalf of the department provided all purchased licenses are surrendered to the department and retired. Source Note: The provisions of this §58.210 adopted to be effective June 1, 1998, 23 TexReg 5727. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 58 OYSTERS, SHRIMP, AND FINFISH C STATEWIDE CRAB FISHERY PROCLAMATION §58.210 License Buyback Program https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=162246&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 162246 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=162246&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 162246 03/11/2026 Delegation of Authority. To the fullest extent allowed by law, the commission delegates power and authority to the executive director to administer the Finfish License Management Program. Source Note: The provisions of this §58.301 adopted to be effective July 6, 2000, 25 TexReg 6361; amended to be effective June 12, 2013, 38 TexReg 3649. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 58 OYSTERS, SHRIMP, AND FINFISH D FINFISH FISHERY PROCLAMATION §58.301 Finfish License Management Program https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173080&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 173080 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173080&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 173080 03/11/2026 (a) A boat operated for the purposes of commercial finfish fishing is required to have a commercial finfish fisherman's license plate issued under this subchapter prominently displayed as to be clearly visible from both sides of the boat.(b) No more than one set of commercial finfish fisherman's license plates may be on board a commercial finfish fishing boat when the vessel is engaged in an activity for which a commercial finfish fisherman's license is required.(c) When a license plate is required to be aboard a vessel, the license plate must match the license aboard the vessel. Source Note: The provisions of this §58.302 adopted to be effective July 6, 2000, 25 TexReg 6361; amended to be effective March 27, 2006, 31 TexReg 2693; amended to be effective July 23, 2015, 40 TexReg 4699. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 58 OYSTERS, SHRIMP, AND FINFISH D FINFISH FISHERY PROCLAMATION §58.302 Display of License https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=79696&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 79696 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=79696&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 79696 03/11/2026 A commercial finfish fisherman's license may be transferred at any time. Source Note: The provisions of this §58.303 adopted to be effective July 6, 2000, 25 TexReg 6361. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 58 OYSTERS, SHRIMP, AND FINFISH D FINFISH FISHERY PROCLAMATION §58.303 License Transfer https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=79697&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 79697 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=79697&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 79697 03/11/2026 (a) Delegation of Authority. To the fullest extent allowed by law, the commission delegates power and authority to the executive director to administer the Finfish License Buyback Program.(b) Twenty percent of commercial finfish fisherman's license and commercial finfish fisherman's license transfer fees shall be set aside to be used only for the purpose of buying back commercial finfish fisherman's licenses from a willing license holder.(c) License buyback application period.(1) The department will open license buyback bid application periods (hereafter referred to as application) if available funds permit.(2) The department shall establish during each application period a deadline for receipt of all applications.(d) License buyback application requirements.(1) The department shall consider all applications to the Finfish License Buyback Program provided the applicants meet the following requirements:(A) a completed License Buyback Application form furnished by the department has been submitted to the department by the application deadline;(B) the applicant is the owner of the license submitted for buyback; and(C) the applicant has submitted to the department copies of all supplemental information as required in this subsection.(2) A completed License Buyback Application shall contain:(A) the full name of the applicant;(B) the current address of applicant's residence;(C) the social security number of applicant;(D) a copy of legal documentation that:(i) documents applicant holds the sole rights and privileges to the license; or(ii) documents that all members of a partnership or association, or each officer of a corporation, and the owner of a majority of a corporation's corporate stock, are in agreement to apply to the license buyback program.(E) a copy of current commercial finfish fisherman's license; and(F) if required, the applicant's bid offer, in U.S. dollars.(3) Department records will be used to verify all information supplied by or pertaining to the applicant's history in the finfish fishery and in cases where the applicant has not provided adequate information for proper consideration of the application.(e) Finfish license buyback criteria.(1) The department may establish criteria each license year which will be used to determine qualifications for license buyback.(2) The department may consider:(A) duration of participation in the fishery prior to enactment of Parks and Wildlife Code, §47.001-47.086;(B) amount of funds accumulated in the Finfish License Buyback Account;(C) number of commercial finfish fisherman's licenses in the fishery issued in the license year of the specific bid offer application period;(D) bid offers from previous application periods;(E) established open market prices for licenses; and(F) other relevant factors.(f) Application Ranking Procedures.(1) Ranking values will be assigned to all applications based on the above criteria.(2) The department will purchase licenses beginning with the highest ranking to the lowest.(3) If bid offers are equally ranked, the Department will rank according to the ascending alphabetical order of the applicant's last name.(g) Notification of acceptance or rejection of application.(1) The department will notify each applicant in writing within 45 days of receipt of application regarding acceptance or rejection of application bid offer.(2) Applicants whose bids are accepted must then notify the department of their intent to accept or reject the offer from the department within 15 days of the postmark of the notification letter sent by the department.(3) The unsuccessful applicant may withdraw, resubmit, or amend an application for consideration during any future application periods.(4) The department will continue to purchase in rank order as the buyback fund permits.(h) Delegation of purchasing authority. The department may designate other qualified agents to purchase licenses on behalf of the department provided all purchased licenses are surrendered to the department and retired. Source Note: The provisions of this §58.304 adopted to be effective July 6, 2000, 25 TexReg 6361. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 58 OYSTERS, SHRIMP, AND FINFISH D FINFISH FISHERY PROCLAMATION §58.304 License Buyback Program https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200785&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 200785 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200785&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 200785 03/11/2026 This subchapter applies to cultivated oyster mariculture in this state. No provision of this subchapter may be construed as to relieve any person of the need to comply with any other applicable provision of federal, state, or local laws. Source Note: The provisions of this §58.350 adopted to be effective August 24, 2020, 45 TexReg 5916. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 58 OYSTERS, SHRIMP, AND FINFISH E CULTIVATED OYSTER MARICULTURE §58.350 Applicability https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200786&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 200786 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200786&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 200786 03/11/2026 All cultivated oyster mariculture operations conducted under Parks and Wildlife Code, Chapter 75, must comply with the applicable shellfish sanitation rules of the Texas Department of State Health Services in 25 TAC Chapter 241, Subchapter B. Source Note: The provisions of this §58.351 adopted to be effective August 24, 2020, 45 TexReg 5916. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 58 OYSTERS, SHRIMP, AND FINFISH E CULTIVATED OYSTER MARICULTURE §58.351 Application of Shellfish Sanitation Rules of Department of State Health Services https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223697&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 223697 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223697&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 223697 03/11/2026 When used in this subchapter, the following words and terms shall have the following meanings, except where the context clearly indicates otherwise. All other words and terms used in this subchapter shall have the meanings assigned by the Parks and Wildlife Code.(1) Administratively complete--An application for a permit or permit renewal that contains all information requested by the department, as indicated on the application form, without omissions. (2) Approved area--As defined by Texas Health and Safety Code, §436.002(1).(3) Conditionally Approved area--As defined by Texas Health and Safety Code, §436.002(7).(4) Container--Any bag, sack, box, crate, tray, conveyance, or receptacle used to hold, store, or transport oysters possessed under a permit issued under this subchapter.(5) Cultivated Oyster Mariculture Harvest Authorization (harvest authorization)--A yearly authorization to allow the harvest of mariculture oysters.(6) Cultured oyster mariculture facility (facility)--Any building, cage, or other infrastructure within a permitted area.(7) Gear tag--A tag composed of material as durable as the device to which it is attached.(8) Hatchery--A facility that spawns oyster broodstock.(9) Infrastructure--A building, platform, dock, vessel, cage, nursery structure, or any other apparatus or equipment within a permitted area.(10) Larvae--The free-swimming, planktonic life stage of an oyster.(11) National Shellfish Sanitation Program (NSSP)--The cooperative program administered by the United States Food and Drug Administration (USFDA) for the sanitary control of shellfish produced and sold for human consumption in the United States and adopted by rule of the Department of State Health Services.(12) Nursery structure--A tank or chamber or system of tanks or chambers or other, similar devices in which a cultivated oyster is grown.(13) Oyster seed--Shellstock one inch or less in length.(14) Permit Identifier (permit ID)--A unique alphanumeric identifier issued by the department to a permittee holding a Cultivated Oyster Mariculture permit.(15) Permitted area--The geophysical and/or geographical area identified in a permit where cultivated oyster mariculture activities are authorized.(16) Permittee--A person who holds a permit issued under this subchapter.(17) Prohibited Area--As defined by Texas Health and Safety Code, §436.002(27).(18) Restricted Area--As defined by Texas Health and Safety Code, §436.002(30).(19) Restricted visibility--Any condition in which visibility is restricted by fog, mist, falling snow, heavy rainstorm, sandstorms, or any other similar causes.(20) Shellstock (stock)--Live eastern oysters (Crassotrea virginica) in the shell.(21) Wild-caught oyster--An oyster harvested from natural oyster beds. Source Note: The provisions of this §58.352 adopted to be effective August 24, 2020, 45 TexReg 5916; amended to be effective January 30, 2025, 50 TexReg 559. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 58 OYSTERS, SHRIMP, AND FINFISH E CULTIVATED OYSTER MARICULTURE §58.352 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225376&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 225376 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225376&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 225376 03/11/2026 (a) No person may engage in cultivated oyster mariculture (COM) in this state unless they have on their person a valid permit issued by the department authorizing the activity. A valid permit may be possessed in physical or electronic format.(b) A Cultivated Oyster Mariculture (COM) Grow-out Permit authorizes the permittee to purchase, receive, grow, and sell cultivated oysters.(c) A Cultivated Oyster Mariculture (COM) Nursery-Hatchery Permit authorizes a permittee to:(1) hold oyster broodstock and germplasm;(2) spawn oyster broodstock;(3) purchase, receive, and grow oyster seed and larvae; and(4) sell oyster broodstock, germplasm, seed, and larvae; but(5) does not authorize the sale of oysters in any form for human consumption.(d) No person may conduct an activity authorized by a permit issued under this subchapter at any location other than the location specified by the permit.(e) It is unlawful for a permittee or subpermittee to possess an oyster dredge or oyster tongs within a permitted area or aboard a vessel transporting oysters under the provisions of this subchapter.(f) The period of validity for a permit issued under this subchapter is 10 years, subject to the limitations of this subchapter. (g) Unless otherwise specifically authorized in writing by the department, one year from the date of issuance of a COM Grow-Out Permit and by the anniversary of the date of issuance for each year thereafter, the permittee must provide evidence to the department's satisfaction that at least 100,000 oyster seed per acre of permitted area has been planted.(h) Unless otherwise specifically authorized by the department in writing, cultivated oyster mariculture is restricted to seed and larvae from native Eastern oyster (Crassostrea virginica) broodstock collected or originating from Texas waters and propagated in a permitted Nursery-Hatchery located in Texas. (1) The department may authorize a person permitted under this subchapter to, on or before December 31, 2033, import: (A) tetraploid seed, larvae, and/or semen/eggs (germplasm) originating from the Gulf and produced in department-approved out-of-state hatcheries located along the Gulf for use in cultivated oyster mariculture in this state; and/or(B) triploid seed, larvae, and/or semen/eggs (germplasm) from a tetraploid line of oysters originating from the Gulf and crossed with broodstock originating from Texas, Louisiana, Mississippi, or Alabama waters produced in department-approved out-of-state hatcheries located along the Gulf for use in cultivated oyster mariculture in this state; and/or(C) diploid seed, larvae, and/or semen/eggs (germplasm) produced from Texas broodstock at department-approved out-of-state hatcheries located along the Gulf for use in cultivated oyster mariculture in this state. (2) A department authorization made under the provisions of this subsection must be in writing and provide for any permit conditions the department deems necessary.(3) The department will not authorize the possession of any oyster, larvae, or oyster seed that the department has determined, in the context of the prospective activity, represents a threat to any native oyster population, including to genetic identity.(i) It is unlawful to possess wild caught oysters:(1) within a COM Grow-Out permitted area;(2) within a COM Nursery-Hatchery permitted area unless:(A) they are legally obtained;(B) labeled as to their identity and use for broodstock; and(C) held separately from cultivated oysters; or(3) on a vessel operating under a permit issued under this subchapter.(j) The department may:(1) inspect any permitted area, facility, infrastructure, container, vessel, or vehicle used to engage in cultivated oyster mariculture;(2) sample any oyster in a permitted area, facility, container, vessel, or vehicle used to engage in cultivated oyster mariculture in order to determine genetic lineage; and(3) specify any permit provisions deemed necessary.(k) The holder of a COM Permit (Grow-out or Nursery-Hatchery) must notify the department within 24 hours of the:(1) discovery of any disease condition within a permitted area; and(2) discovery of any condition, manmade or natural, that creates a threat of the unintentional release of stock or larvae.(3) The requirements of this subsection do not apply to the discovery of dermo (Perkinosis, Perkinsus marinus).(l) The department may take any action it considers appropriate, including ordering the removal of all stock and larvae from a permitted area or facility and the cessation of permitted activities, upon:(1) a determination that a disease condition other than dermo (Perkinsosis, Perkinsus marinus) exists; or(2) the suspension or revocation by a federal or state entity of a permit or authorization required under §58.355 of this title (relating to Permit Application).(m) The department may order the suspension of any or all permitted activities, including the removal of all stock and larvae from a permitted area or facility, upon determining that a permittee is not compliant with any provision of this subchapter, which suspension shall remain in effect until the deficiency is remedied and the department authorizes resumption of permitted activities in writing.(n) Harvest Requirements.(1) No person may harvest for the purpose of delivery and/or sale for human consumption any oyster less than 2.0 inches in length (measured along the greatest length of the shell) from a COM Grow-Out permitted area; however, a cargo of oysters may contain oysters between 1.5 inches and 2 inches (measured along the greatest length of the shell); provided such oysters constitute five percent or less of the cargo in question.(2) Oysters produced under a Nursery-Hatchery permit in waters or using waters from an area classified as Prohibited or Unclassified must be transferred to a COM permitted Grow-Out location in waters classified as Approved or Conditionally Approved before they reach one inch in length (as measured along the greatest length of the shell) and held in that area for a minimum of 120 days before harvest.(3) Oysters produced under a Nursery-Hatchery permit in waters or using waters from an area classified as Restricted must be transferred to a COM permitted Grow-Out location in waters classified as Approved or Conditionally Approved before they reach one inch in length (as measured along the greatest length of the shell) and held in that area for a minimum of 60 days before harvest. Oysters greater than one inch may be transferred from these facilities but are subject to relay regulation requirements under the NSSP.(4) Oysters that are out of the water for a time period exceeding the parameters specified by the Time-to-Temperature controls established by DSHS in 25 TAC §241.68, relating to Vibrio vulnificus Management Plan for Oysters, must be re-submerged for a minimum of 14 days prior to harvest for market for raw consumption. Records regarding re-submergence must be maintained in accordance with permit provisions.(5) It is unlawful for a permittee to harvest oysters under this subchapter unless they have a Grow-Out permit and a Cultivated Oyster Mariculture Harvest Authorization.(o) Harvest of oysters under this subchapter is unlawful between sunset and sunrise.(p) Except as may be specifically provided otherwise in this section, activities authorized by a permit issued under this subchapter shall be conducted only by the permittee or subpermittees named on the permit.(1) A permittee may designate subpermittees to perform permitted activities in the absence of the permittee.(A) The permittee shall submit a subpermittee request on a form provided by the department that is signed and dated by both the permittee and subpermittee.(B) The department will review the request and issue a list of individuals authorized as subpermittees.(C) The department may refuse to approve a subpermittee if that person would not be eligible to be a permittee under this subchapter.(2) At all times that a subpermittee is conducting permitted activities, the subpermittee shall have on their person a valid permit and subpermittee list in physical or electronic format(3) It is an offense for a permittee to allow any permitted activity to be performed by a person not listed with the department as a subpermittee as required under this subsection.(4) A permittee and subpermittee are jointly liable for violations of this subchapter or the provisions of a permit issued under this subchapter.(q) A permittee shall, prior to the placement of any infrastructure within a permitted area located in or on public water:(1) mark the boundaries of the permitted area with buoys or other permanent markers and continuously maintain the markers until the termination of the permit. All marker, buoys, or other permanent markers must:(A) be at least six inches in diameter;(B) extend at least three feet above the water at mean high tide;(C) be of a shape and color that is visible for at least one half-mile under conditions that do not constitute restricted visibility; and(D) be marked with the permit identifier assigned by the department to the permitted area, in characters at least two inches high, in a location where it will not be obscured by water or marine growth; and(2) install safety lights and signals required by applicable federal regulations, including regulations of the United States Coast Guard (U.S.C.G.) and must be functional. A permittee shall repair or otherwise restore to functionality any light or signal within 24 hours of notification by the U.S.C.G or the department.(r) Transfer of Permit. The department may approve the transfer of a permit.(1) A transfer request must be submitted to the department for approval on a form provided by the department, accompanied by the application fee specified in §53.13 of this title (relating to Business License and Permits (Fishing)).(2) The department may refuse to approve a transfer if that person would not be eligible to be a permittee under this subchapter.(3) A transfer does not change the terms, conditions, or provisions of a permit.(s) Permittees must remove, at the expense of the permittee, all containers, enclosures and associated infrastructure from public waters within 60 calendar days of permit expiration or revocation.(t) A valid gear tag must be attached to each piece of component infrastructure (e.g., containers, cages, bags, sacks, totes, trays, nursery structures) within a permitted area. The gear tag must bear the name and either address or phone number of the permittee and the permit identifier of the permitted area. The information on a gear tag must be legible.(u) It is unlawful for any person to harvest oysters from a COM Grow-Out area for purposes of delivery and/or sale for human consumption unless the oysters are in a container that has been tagged in accordance with the applicable provisions of the NSSP concerning shellstock identification, and this subchapter. Tagging must occur prior to leaving the permitted area.(v) Except as provided by subsection (u) of this section for harvested oysters transported for delivery and/or sale for human consumption, it is unlawful for any person to possess oysters, oyster seed, or oyster larvae outside of a permitted area unless the person also possesses a department-issued Oyster Transport Authorization or the department has authorized in a permit provision the transport of oysters for tumbling and sorting:(1) Oyster Transport Authorization(A) An Oyster Transport Request must be submitted to the department prior to the transport date and:(i) be on a form provided or approved by the department;(ii) contain the name, address, and, if applicable, permit identifier from whom the oysters, oyster seed, or oyster larvae were obtained;(iii) contain the name, address, and permit identifier to whom the oyster, oyster seed, or oyster larvae are to be delivered; and(iv) precisely account for and describe all containers in possession.(B) The department will review the request and, if approved, will issue an Oyster Transport Authorization specific to the oysters, oyster seed, or oyster larvae being transported.(2) Permit Provision Authorization for Tumbling and Sorting outside of permitted area(A) The department may authorize, within a permit's provisions, a permittee to transport oysters to a specified location outside of their permitted area for tumbling and sorting oysters.(B) Oysters must be returned to the permitted area after tumbling and sorting before harvest.(C) It is unlawful to transport oysters for tumbling and sorting while in possession of oysters tagged for harvest.(w) A vessel used to engage in activities regulated under this subchapter shall prominently display an identification plate supplied by the department at all times the vessel is being used in such activities. Source Note: The provisions of this §58.353 adopted to be effective August 24, 2020, 45 TexReg 5916; amended to be effective January 30, 2025, 50 TexReg 559; amended to be effective July 8, 2025, 50 TexReg 3917. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 58 OYSTERS, SHRIMP, AND FINFISH E CULTIVATED OYSTER MARICULTURE §58.353 General Provisions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223699&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 223699 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223699&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 223699 03/11/2026 (a) An applicant for a permit under this subchapter must submit an administratively complete application to the department. The department will not review an application that is not administratively complete.(b) The department will place notification on the departmental website of the application for a permit under this subchapter and provide opportunity for public comment. The department will consider all public comment relevant to matters under the jurisdiction of the department.(c) For facilities that will be within or partially within public water, the department will hold a public meeting virtually or in person in the city or municipality closest to the permitted area and provide an opportunity for public comment on the project. The department will publish notice of the public meeting on the departmental website at least two weeks prior to the meeting.(d) An application for a permit under this subchapter shall be accompanied by the applicable permit fee established in §53.13 of this title (relating to Business License and Permits (Fishing)).(1) The department shall assess a nonrefundable annual fee based on the size of the permitted area for which a COM Grow-Out or Nursery-Hatchery permit is issued. The fee is as specified under §53.13 of this title.(2) For Nursery-Hatchery structures located on public waters, a surcharge in addition to the fee imposed by paragraph (1) of this subsection shall be assessed as specified under §53.13 of this title.(3) The fees established in this subsection may be recalculated at three-year intervals and proportionally adjusted to any change in the Consumer Price Index.(4) The fees established by this subsection are due annually by the anniversary of the date of permit issuance. Source Note: The provisions of this §58.355 adopted to be effective August 24, 2020, 45 TexReg 5916; amended to be effective January 30, 2025, 50 TexReg 559. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 58 OYSTERS, SHRIMP, AND FINFISH E CULTIVATED OYSTER MARICULTURE §58.355 Permit Application https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223700&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 223700 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223700&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 223700 03/11/2026 The department may renew a permit under this subchapter, provided the permittee has submitted an administratively complete application for permit renewal on a form provided or approved by the department, accompanied by the application fee specified in §53.13 of this title (relating to Business License and Permits (Fishing)). Source Note: The provisions of this §58.356 adopted to be effective August 24, 2020, 45 TexReg 5916; amended to be effective January 30, 2025, 50 TexReg 559. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 58 OYSTERS, SHRIMP, AND FINFISH E CULTIVATED OYSTER MARICULTURE §58.356 Renewal https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200792&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 200792 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200792&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 200792 03/11/2026 (a) The department may amend a permit issued under the provisions of this subchapter, provided the permittee:(1) has submitted an administratively complete application for permit amendment on a form provided or approved by the department; and(2) possesses all necessary authorizations and permits required by any other state or federal entity for the conduct of activities contemplated in the permit amendment.(b) The department will not approve an amendment to increase the size of a permitted area. A permittee who seeks to increase the size of a permitted area must apply for a new permit and all provisions of this subchapter relating to permit applications apply.(c) An expired permit is not eligible for permit amendment. Source Note: The provisions of this §58.357 adopted to be effective August 24, 2020, 45 TexReg 5916. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 58 OYSTERS, SHRIMP, AND FINFISH E CULTIVATED OYSTER MARICULTURE §58.357 Amendment https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200793&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 200793 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200793&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 200793 03/11/2026 (a) A permittee shall:(1) maintain a current, accurate record of all shellstock and larvae acquired, introduced, removed, or harvested from a permitted facility;(2) submit the monthly harvest reports prescribed by Parks and Wildlife Code, §66.019 on a form provided or approved by the department; and(3) complete and submit an annual report to the department on a form provided or approved by the department by no later than January 31 of each year.(b) The records and reports required by this section shall be continuously maintained by the permittee for two years from the date of the record or report. Source Note: The provisions of this §58.358 adopted to be effective August 24, 2020, 45 TexReg 5916. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 58 OYSTERS, SHRIMP, AND FINFISH E CULTIVATED OYSTER MARICULTURE §58.358 Reporting and Recordkeeping https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200796&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 200796 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200796&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 200796 03/11/2026 (a) A person who violates a provision of this subchapter or a provision of a permit issued under this subchapter commits an offense punishable by the penalty prescribed by Parks and Wildlife Code, §75.0107.(b) A permit issued under this section is not a defense to prosecution for any conduct not specifically authorized by the permit. Source Note: The provisions of this §58.361 adopted to be effective August 24, 2020, 45 TexReg 5916. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 58 OYSTERS, SHRIMP, AND FINFISH E CULTIVATED OYSTER MARICULTURE §58.361 Violations and Penalties https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=177221&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 177221 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=177221&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 177221 03/11/2026 For the purposes of this subchapter, "state park" or "park" means a state park, state natural area, state historic site, or state park and historic site under the department's jurisdiction.(1) The Executive Director (executive director) of the Texas Parks and Wildlife Department (department) shall interpret and implement this subchapter to obtain maximum benefits for the people of Texas in their enjoyment of the state park system and in the expansion, improvement, and perpetuation of the system for the use and enjoyment of present and future generations.(2) The executive director by executive order shall:(A) designate state park entrance, activity, facility, and use fee amounts within the fee ranges established by the commission in this subchapter and may establish any such fees to apply on a yearly, seasonal, monthly, weekly, or daily basis;(B) provide for any waiver or discounting of entrance, activity, facility, or use fees:(i) when circumstances adversely affect public enjoyment of the recreational opportunities normally available: or(ii) to enhance utilization or to promote the future use of existing facilities or activities; and(C) establish a fee schedule for replacing or duplicating evidence of fee payment (receipt/window sticker etc.).(3) The executive director by executive order may designate other department personnel to discount or waive fees in accordance with a written policy for the discounting or waiver of fees.(4) The establishment and collection of fees and fee waivers shall be consistent with sound management of financial resources and strong fiscal controls. Source Note: The provisions of this §59.1 adopted to be effective April 10, 2016, 41 TexReg 2593. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 59 PARKS A PARK ENTRANCE AND PARK USER FEES §59.1 Establishment of Fees https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184803&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 184803 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184803&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 184803 03/11/2026 (a) An entrance/day use fee may be levied at a state park as provided in this section.(1) Payment of an entrance/day use fee allows unlimited entry privileges to a person for the period of time specified by the park.(2) Entry privileges cease at the posted closing time unless an overnight facility use fee has also been paid.(3) Entry privileges cease at closing time on the day of checkout, unless the executive director has approved an alternative timeframe, which shall be clearly posted at the park.(b) An entrance fee of $1.00 - $15.00 per person may be collected at designated parks.(c) The department may designate or contract for a single fee that includes entrance, facility use, activity, tour, or other applicable fees. Entrance fees may be incorporated into facility use, activity, tour or other applicable fees. Source Note: The provisions of this §59.2 adopted to be effective April 10, 2016, 41 TexReg 2593; amended to be effective July 2, 2017, 42 TexReg 3396. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 59 PARKS A PARK ENTRANCE AND PARK USER FEES §59.2 Park Entrance Fees https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215373&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 215373 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215373&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 215373 03/11/2026 Parks entry passes authorize entry privileges to parks where entry fees apply but are not valid for activity or other applicable fees.(1) Annual Park Entrance Passes.(A) A valid annual park entrance pass authorizes park entry without payment of an individual entrance fee for the holder of the annual pass, and:(i) all occupants in the same vehicle with the holder of the annual park entrance pass if the holder of the annual park entrance pass is entering by noncommercial motor vehicle;(ii) up to 14 persons accompanying the pass holder in the same boat if the holder of the annual park entrance pass is entering by boat; or(iii) up to 14 persons accompanying the pass holder if the holder of the annual park entrance pass is entering by motorcycle, bicycle or on foot.(B) An annual park entrance pass is valid only for private, noncommercial use and is not valid for:(i) buses or similar vehicles; or(ii) commercial use such as tour groups.(C) An annual park entrance pass is not valid unless presented by the person named on the pass.(D) The fee for an annual park entrance pass shall be established by the executive director within the range of $50 - $100.(E) The fee for an annual park entrance pass that is part of a promotional drawing under the provisions of §51.750 of this title (relating to Promotional Drawings), of this title is $0.(2) Youth Group Annual Entrance Pass.(A) A youth group annual entrance pass authorizes entry to any state park without payment of an individual entrance fee for up to a total of 50 persons belonging to a nonprofit youth organization.(B) The department on a case-by-case basis may limit the number of adult supervisors entering a park under this subsection. Vehicles entering a park under a single youth group pass may be subject to additional fees if the number of vehicles exceeds the vehicle capacity for the campsite.(C) The fee for a pass under this subsection shall be established by the executive director within the range of $50 - $300.(D) A youth group annual entrance pass is valid for 12 months from date of purchase.(3) State Parklands Passport. A state parklands passport shall be issued at no cost to any person meeting the criteria established by Parks and Wildlife Code, §13.018. For the purposes of this paragraph, "accompanying" means entering a park simultaneously with the passport holder.(A) A state parklands passport issued to a person in a category listed in this subparagraph authorizes the entry of the person to any state park without payment of an individual entrance fee, and includes the waiver of the entry fee for one person accompanying and providing assistance to the passport holder:(i) a person whose birth date is before September 1, 1930;(ii) a veteran of the armed services of the United States who, as a result of military service, has a service-connected disability, as defined by the Veterans' Administration, consisting of the loss of the use of a lower extremity or of a 60 percent disability rating and who is receiving compensation from the United States because of the disability; or(iii) a holder of a state parklands passport issued on or before August 31, 1995.(B) A state parklands passport issued to a person in a category listed in this subparagraph authorizes the entry of the person to any state park without payment of an individual entrance fee but does not waive or reduce the entrance fee for any person accompanying the passport holder:(i) an honorably discharged veteran of the United States armed services;(ii) a member of the United States armed services on active duty; and(iii) the surviving spouse, parent, child, or sibling of a person who died while serving in the United States armed services.(C) To be eligible for issuance of a state parklands passport under the provisions of Parks and Wildlife Code, §13.018(a)(3), a person must submit government-issued personal identification and one of the following:(i) an Award of Benefits Letter or a Statement of Benefits from the Social Security Administration that attests to the applicant's permanent disability; or(ii) an affidavit or attestation on a form approved by the department certifying that the applicant meets the requirements of Parks and Wildlife Code, §13.018(a)(3) and this subsection.(D) A state parklands passport issued to a person in a category listed in this subparagraph who does not otherwise qualify under subparagraph (A) or (B) of this paragraph authorizes the entry of the person to any state park upon payment of 50% of the posted entrance fee for the park, rounded to the nearest higher whole dollar, which shall also apply to one person accompanying and providing assistance to the passport holder.(i) a Texas resident whose birth date is after August 31, 1930; or(ii) an individual who has a physical or mental impairment that substantially limits one or more of the major life activities of the individual.(E) A parklands passport is nontransferable.(F) The department may collect a fee for a replacement state parklands passport. Source Note: The provisions of this §59.3 adopted to be effective April 10, 2016, 41 TexReg 2593; amended to be effective July 2, 2017, 42 TexReg 3396; amended to be effective April 4, 2022, 47 TexReg 1464; amended to be effective October 25, 2023, 48 TexReg 6216. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 59 PARKS A PARK ENTRANCE AND PARK USER FEES §59.3 Park Entry Passes https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184805&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 184805 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184805&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 184805 03/11/2026 (a) A person authorized to use a facility overnight may remain in the facility from the time of admission until 2 p.m. on the day of checkout and may remain in the park until the posted closing time, unless otherwise clearly and prominently posted at the park.(b) Fee ranges - facility use:(1) campsites - $4.00-$36;(2) cabins and shelters - $15-$200;(3) group day use facility or area - $15-$1,000;(4) group overnight use facility (bunkhouses, barracks, campsites, shelters), variable by facility type or number of occupants - $100 - $1,500;(5) bunkhouse/hotel/motel room - $35-225;(6) excess vehicle parking (per vehicle) - $1.00-$6.00 (parking areas designated by park superintendent);(7) excess occupancy fee (in addition to facility use fee), per person - $1.00-$25;(8) swimming pool facility $35-$750.(c) Fee ranges - activities:(1) seasonal or annual activity pass - $25-$325;(2) swimming pools use:(A) adults - $2.00-$6.00;(B) child - six to twelve years of age - $1.00-$4.00(children under six free);(3) golf course use:(A) green fees - daily - $7.00-$15;(B) golf trail fee for privately owned golf carts:(i) daily - $3.00-$12.00; and(ii) annual - $50-$175;(4) activity use fee per person (day or overnight) - $2.00-$50;(5) lake use fee - $5.00-$15;(6) visitor shuttle fee per person - $2.00-$10;(7) tour fees per person - $0.25 -$1,000;(8) educational seminar fee - variable according to type of seminar, size of group and other applicable considerations;(9) Equipment rental fee - variable according to type of equipment and other applicable considerations.(d) Park impact fees.(1) Park impact fees may be assessed for special events, media productions, commercial uses, or other activities that:(A) restrict or impact the use of a park by other users;(B) necessitate additional labor or operating expenses for the department; or(C) impact park facilities or resources.(2) Park impact fees shall be established by contract with the department. The amount of a park impact fee shall be set for each event based on costs incurred by the department, visitor and resource impact values, and any benefits provided to the department. A contract under this paragraph shall also establish any privileges and restrictions.(3) Park impact fees may be combined or packaged with other use and/or concessions fees.(e) Special hunting access permits. Special hunting access permits allow entry to parks by persons selected for public hunting activities. Source Note: The provisions of this §59.4 adopted to be effective April 10, 2016, 41 TexReg 2593; amended to be effective July 2, 2017, 42 TexReg 3396. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 59 PARKS A PARK ENTRANCE AND PARK USER FEES §59.4 Activity and Facility Use Fees https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=177225&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 177225 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=177225&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 177225 03/11/2026 Reservations for park facilities may be accepted for park units designated by the executive director. The executive director is authorized to prescribe such procedures and conditions for reservations, consistent with applicable law. Source Note: The provisions of this §59.5 adopted to be effective April 10, 2016, 41 TexReg 2593. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 59 PARKS A PARK ENTRANCE AND PARK USER FEES §59.5 Reservation of State Park Facilities https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119636&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 119636 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119636&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 119636 03/11/2026 Cities and counties in Texas are eligible for park planning assistance. Within this limitation, the following restrictions apply, based on the latest federal census or state population estimate at the time the request is submitted:(1) Incorporated local governments of a population of 20,000 or less.(2) Counties of a population of 20,000 or less.(3) Any county may request assistance for an unincorporated community with a population of 20,000 or less that is within that county's jurisdiction, regardless of the county population. Source Note: The provisions of this §59.10 adopted to be effective January 2, 1997, 21 TexReg 12419; amended to be effective April 4, 2005, 30 TexReg 1952. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 59 PARKS B LOCAL PARK PLANNING ASSISTANCE §59.10 Eligibility https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=31113&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 31113 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=31113&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 31113 03/11/2026 (a) The park planning assistance service is limited to supplying basic site planning information to approved applicants for their use in implementing local park and recreation acquisition or development projects.(b) Basic site planning information is defined as the dissemination of minimal oral, written or graphic data needed by an applicant to reasonably define the scope of recreational activities desired or needed for a particular site and the basic kinds and quantities of facilities needed to provide such recreational activities. Source Note: The provisions of this §59.11 adopted to be effective January 2, 1997, 21 TexReg 12419. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 59 PARKS B LOCAL PARK PLANNING ASSISTANCE §59.11 Limitations https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18905&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18905 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18905&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18905 03/11/2026 (a) The governing body of the city or county must adopt a resolution directing the highest administrative official to request park planning assistance. This resolution vests that official with full authority to act for purposes of the request, if approved.(b) A letter from the authorized administrative official to the executive director, accompanied by a copy of the resolution authorizing the request, constitutes the method of applying for park planning assistance.(c) Within 30 days of receipt, the executive director or his designee shall notify the applicant of the status of the request. Source Note: The provisions of this §59.12 adopted to be effective January 2, 1997, 21 TexReg 12419. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 59 PARKS B LOCAL PARK PLANNING ASSISTANCE §59.12 Application for Assistance https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=177226&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 177226 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=177226&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 177226 03/11/2026 (a) The commission finds that there are many factors that affect the suitability of land for use as a state park, natural area or historic site, and objectively quantifying the relative value of one tract over another can be difficult or impossible. Nonetheless, all potential acquisitions (including donations) are evaluated for their attributes with respect to the categories delineated in this section. The relative importance of each parameter within the categories will vary from proposal to proposal, depending upon the specific needs and goals of the department at the time of consideration.(1) Contribution to Land and Water Resources Conservation and Recreation Plan. The department will consider whether the addition of land for inclusion in the state parks system is consistent with the department's Land and Water Resources Conservation and Recreation Plan.(2) Contiguity with existing land in the state parks system. The land is near, adjacent to, or within the boundaries of an existing unit of the state parks system.(3) Recreational value. The land possesses a high potential for providing popular, strategic, or critical opportunities for recreational enjoyment of the natural world by the public. Such potential is characterized by:(A) water features such as springs, creeks, bayous, rivers, lakes, or coastline;(B) landforms such as mountains, hills, canyons, etc., that are suitable for hiking, camping, or other types of outdoor use that are typically sought after or enjoyed by the public;(C) underground features such as caves, caverns, or sinkholes;(D) significant aesthetic resources, such as views or panoramas; or(4) Natural resource value. The land:(A) contains a high-value natural feature or features;(B) is habitat for rare or endangered species of plants or animals;(C) reflects a representative ecosystem of the state or could be restored or managed to reflect a natural ecosystem; or(D) significant geological or paleontological resources.(5) Historical or Interpretive value. The land provides significant cultural or historical resources or interpretive value consistent with the department's Land and Water Resources Conservation and Recreation Plan.(6) The land fills a gap in the inventory of natural or cultural resources or recreational opportunities offered by the state park system.(7) Ancillary values. The land offers or contains significant or valuable:(A) viewsheds;(B) wildlife corridors;(C) watersheds; or(D) buffers for existing parkland from development or other incompatible land uses.(8) Size. The department shall consider the size of a parcel of land as it relates to the factors set forth in paragraphs (1)-(5) of this subsection.(A) Small parcels (less than 500 acres) should normally be contiguous to existing properties in the state park system to be considered, unless the value of the parcel in terms of the criteria listed in paragraphs (1) - (5) of this subsection is such that the department has a compelling interest in acquiring the land.(B) Large parcels (greater than 500 acres) need not be contiguous to existing properties within the state park system to be considered for acquisition, provided that acquisition is consistent with the department's Land and Water Resources Conservation and Recreation Plan.(9) Other criteria. The department will consider other criteria, including, but not limited to cost effectiveness, source or availability of funding, access, deed restrictions, potential threats to future operations from mineral activity, use agreements, previous land uses, operating and maintenance costs or any other factors would make the use of the land undesirable, impractical, or problematic.(b) No land will be added to the state park system unless the land is formally accepted by the Texas Parks and Wildlife Commission voting in open session. The Texas Parks and Wildlife Commission, in its sole discretion, may accept or decline any proposed donations of land for inclusion in the state park system. Source Note: The provisions of this §59.42 adopted to be effective April 10, 2016, 41 TexReg 2593. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 59 PARKS C ACQUISITION AND DEVELOPMENT OF HISTORIC SITES, BUILDINGS AND STRUCTURES §59.42 Land Acquisition Guidelines (Including Donations) https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=177227&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 177227 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=177227&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 177227 03/11/2026 (a) Development of facilities within state park system units will be limited to structures and associated infrastructure that advance department purposes or serve visitor needs.(b) Facility development shall be consistent with applicable Master Plans, Preservation Plans and other guidance documents relating to the property. Source Note: The provisions of this §59.44 adopted to be effective April 10, 2016, 41 TexReg 2593. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 59 PARKS C ACQUISITION AND DEVELOPMENT OF HISTORIC SITES, BUILDINGS AND STRUCTURES §59.44 Development Guidelines https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=141629&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 141629 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=141629&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 141629 03/11/2026 In guiding the mission of the Texas Parks and Wildlife Department State Park System, the objectives of the Texas Parks and Wildlife Commission are:(1) to seek out and protect high quality examples of the state's natural and cultural heritage, and sensitive habitats or resources;(2) to provide opportunities for sustainable, resource-based outdoor recreation;(3) to encourage an understanding and appreciation of the state's cultural, historical and natural heritage;(4) to promote environmental education, research, and demonstration of the best management practices in the stewardship of the state's diverse natural and cultural resources; and(5) to join with all the citizenry of this and other states and nations in promoting the conservation of natural, historical and recreational resources. Source Note: The provisions of this §59.61 adopted to be effective January 2, 1997, 21 TexReg 12420; amended to be effective August 10, 2009, 34 TexReg 5394. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 59 PARKS D ADMINISTRATION OF THE STATE PARK SYSTEM §59.61 General Objectives https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=141630&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 141630 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=141630&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 141630 03/11/2026 It is the policy of the Parks and Wildlife Commission that:(1) The executive director is authorized to implement the following classification and guidelines for existing and future lands managed or operated by the department. The Texas Parks and Wildlife Commission shall determine the appropriate classification.(2) Classification of departmental lands under this system will not affect existing site names, naming policy, on-site signage or literature unless a new category so changes uses that it is misleading. Multiple classifications may occur within individual sites and the use of a specific name may be for convenience or to indicate a primary classification without precluding uses set forth under other classification categories.(3) The use and management of individual units of the state park system will be addressed on a site-specific basis, in accordance with the classification system and appropriate management plans.(4) Prior to classification or formal approval of individual site management plans for specific units of the state park system, provision for public use shall be made in accordance with sound biological management and cultural resource preservation, taking into consideration past patterns of use, and existing rules and regulations.(5) Units of the state parks system will be classified as a State Park, a State Natural Area, a State Historic Site, or a State Park and Historic Site.(6) Properties operated and managed by the department as defined and described in Parks and Wildlife Code, §81.401 and §65.191 of this title (relating to Definitions) shall be classified as Wildlife Management Areas. Source Note: The provisions of this §59.62 adopted to be effective January 2, 1997, 21 TexReg 12420; amended to be effective August 10, 2009, 34 TexReg 5394. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 59 PARKS D ADMINISTRATION OF THE STATE PARK SYSTEM §59.62 Parks and Wildlife Land Classification--Policy https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=141631&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 141631 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=141631&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 141631 03/11/2026 The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Low Impact Public Use--Development or use of a site which results in minimal long-term irreversible adverse impact, or is within acceptable limits of change.(2) Management plan--A document that sets forth the framework for resource stewardship, conservation, public use, facility maintenance, operations and public safety for a specific unit (or subunit) of lands within the state park system.(3) Natural biodiversity--The complement of indigenous plants and animals that is expected to occur on an ecological site type, in natural communities or over a landscape.(4) Natural communities--An assemblage of organisms indigenous to an area that is characterized by a distinct combination of species occupying habitats or ecological zones and interacting with one another, their environment, and natural processes. An array of plants and animals expected for any given ecological site type.(5) Public Hunting--Hunting by the public of wildlife, including feral and exotic species on departmental controlled lands as authorized by the Commission under the Public Lands Proclamation.(6) Public Use--Resource-oriented recreation or other site-appropriate uses permitted under Subchapter F of this chapter (relating to State Park Operational Rules.(7) Resource Oriented Recreation--Recreational activities the enjoyment of which is dependent upon or enhanced by a natural resource, consistent with applicable rules and policies of the department.(8) Sound Biological Management--The use of the best science-based information available to the department in setting living resources management goals and objectives and in determining the techniques to be used in achieving those goals, including best management practices determined by the Parks and Wildlife Commission.(9) Sustainability--The capability of natural systems to maintain themselves over time as defined by site-specific, measurable management goals and objectives.(10) Wilderness-type Experience--Recreational activities, in a natural setting, intended to provide the user with an unimpaired experience of open space, solitude, and few man-made intrusions. Source Note: The provisions of this §59.63 adopted to be effective January 2, 1997, 21 TexReg 12420; amended to be effective April 23, 2001, 26 TexReg 3023; amended to be effective August 10, 2009, 34 TexReg 5394. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 59 PARKS D ADMINISTRATION OF THE STATE PARK SYSTEM §59.63 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=141632&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 141632 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=141632&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 141632 03/11/2026 (a) State Parks. State Parks are areas of natural or scenic character, often containing historical, archeological, ecological, or geological values selectively developed to provide resource-oriented recreational opportunities.(1) Selection.(A) State Parks should be areas possessing natural or scenic values, that are adaptable to both active and passive recreational development and use;(B) State Parks should be located to help meet the priority recreational needs of Texans, or where outstanding natural values of statewide significance create a substantial recreation demand; and(C) State Parks should provide recreational opportunities capable of attracting significant visitation on a regional or statewide basis.(D) New acquisitions should normally include a minimum of 500 acres of land, but may include less in the case of an extraordinary recreational resource of statewide significance.(2) Development.(A) State Parks should be developed to optimize recreational opportunities afforded by the site and to provide for a variety of facilities and activities while retaining the character of the natural setting.(B) Intensity of development of a State Park should provide for the sustainability of the resource.(C) Recreation facilities and supporting developments should be located and designed to minimize disturbance to natural and cultural resources.(3) Operation.(A) Visitor information and interpretive programs should be emphasized to provide the visitor with a more complete understanding of park resources and meaningful recreational experience.(B) State Parks should be operated in an economically efficient manner, with appropriate cost recovery, while not compromising the natural or cultural resources or the enjoyment thereof.(4) Use.(A) State Parks should provide for a variety of resource oriented recreation and public uses not detrimental to the long term stewardship and conservation of the natural and cultural resources as identified in the site management plan.(B) State Parks may provide public hunting opportunity when such use is not detrimental to the primary goals and management of the area, and sound biological management, location, physical conditions, safety and other uses permit.(5) Management.(A) Resources within State Parks should be managed to provide the opportunity for a quality and appropriate recreational experience while maintaining the natural, cultural and scenic features of the park.(B) Habitat management should emphasize maintenance and restoration of natural communities, and natural biodiversity.(C) State Parks should be managed, consistent with the site management plan, to address habitat needs of indigenous flora and fauna including species and communities listed as threatened or endangered or species of special concern as identified by staff.(b) State Natural Areas. State Natural Areas are areas established for the protection and stewardship of outstanding natural attributes of statewide significance, which may be used in a sustainable manner for scientific research, education, aesthetic enjoyment, and appropriate public use not detrimental to the primary purposes.(1) Selection.(A) State Natural Areas should encompass examples of natural scenic beauty, natural communities, biological features, sensitive areas, or geological formations of statewide significance, or possess exceptional educational or scientific values.(B) State Natural Areas should be large enough to protect the integrity of the features being protected, with adequate buffers to provide for public access and resource protection, and where feasible, include sufficient area to provide for a wilderness-type experience.(C) New acquisitions should be selected on a priority basis determined by statewide significance, natural condition, and the degree to which the resource is threatened.(D) State Natural Areas which duplicate the primary significance of a site presently preserved in public ownership will receive a lower priority for acquisition than those types of areas currently unrepresented in the public domain.(2) Development.(A) Development in State Natural Areas should be low-density in nature and limited to that appropriate for adequate control and sustainability of the resource, and for visitor access.(B) Recreational development should be provided only where it facilitates additional appreciation of the unique resource and should not be detrimental to the natural environment nor encroach upon, damage or impair the scenic or natural features concerned.(3) Operation.(A) State Natural Areas should be operated in an economically efficient manner, emphasizing resource protection over public use and revenue generation.(B) Visitor information and interpretation should be emphasized in State Natural Areas to increase the visitor's understanding and appreciation of the resource being preserved.(4) Use.(A) State Natural Areas should accommodate low impact, resource oriented recreation, not detrimental to the continued preservation and stewardship of the natural and cultural features as outlined in the site management plan.(B) State Natural Areas may provide public hunting opportunity when such use is not detrimental to the primary goals and management of the area and as sound biological management, location, physical conditions, safety and other uses permit.(5) Management.(A) State Natural Areas should be managed, consistent with the site management plan, to insure the protection and perpetuation of the scenic or outstanding natural features.(B) Habitat management should emphasize maintenance or restoration of natural communities and natural biodiversity, consistent with the primary goals of the area.(C) State Natural Areas should be managed, consistent with the site management plan, to address habitat needs of indigenous flora and fauna including species and communities listed as threatened or endangered or species of special concern as identified by staff.(c) State Historic Sites. State Historic Sites are areas established for the preservation, interpretation and public enjoyment of prehistoric and historic resources of statewide or national significance.(1) Selection.(A) State Historic Sites should have a significant association with the broad history of the state as defined in Parks and Wildlife Code, §§13.005, 13.010, 13.011, and 13.301.(B) The detailed selection criteria set out in the Historic Sites and Restoration Program Policy Statement, Section III, Acquisition Guidelines, as adopted by the Parks and Wildlife Commission, will serve as the guiding policy for selection of State Historic Sites.(2) Development.(A) Development of recreational features at State Historic Sites should only be provided when there is a demonstrated demand for these facilities and/or when they facilitate additional appreciation of the historic resource, and where such facilities and activities are not detrimental to the overall historical significance of the site, and the natural environment.(B) The intensity of recreational development at State Historic Sites should be within the carrying capacity of the resource, and facility design and construction materials should be tasteful and when feasible consistent with the character of the historical feature.(3) Operation.(A) Preservation, interpretation, restoration, and/or reconstruction activities at State Historic Sites should be in accord with documented historical, archeological and architectural information.(B) The historical and aesthetic integrity of a State Historic Site should be preserved, and encroachments from conflicting uses or facilities should be avoided. Original material and character-defining elements should not be obscured or destroyed to facilitate interpretation, or promote visitor convenience except when unavoidable to comply with rules or statutes pertaining to health, safety or architectural barriers.(C) Interpretation of State Historic Sites should reflect the overall statewide historical significance of the area.(4) Use.(A) State Historic Sites should provide for sustainability and resource-oriented recreation or public uses that are not detrimental to the long term stewardship of the cultural and natural resources.(B) State Historic Sites may provide public hunting opportunity when such use is not detrimental to the primary goals and management of the area and as sound biological management, location, physical conditions, safety and other public uses permit.(5) Management.(A) State Historic Sites should be managed to insure the continued conservation of significant cultural features.(B) When natural resources are a significant component of a State Historic Site, natural resource management should emphasize maintenance and restoration of natural communities, and natural biodiversity, consistent with the primary goals of the area.(C) State Historic Sites should be managed, consistent with the site management plan, to address habitat needs of indigenous flora and fauna including species and communities listed as threatened or endangered or species of special concern as identified by staff.(d) State Park and Historic Sites. A State Park and Historic Site is an area established for the preservation, interpretation and public enjoyment of prehistoric and historic resources of statewide or national significance that also offers substantial recreational opportunities for visitors.(1) Selection. State Parks and Historic Sites shall be designated by the Commission, using the criteria set forth in this subsection:(2) Development.(A) Development of recreational features in a State Parks and Historic Site should only be provided when there is a demonstrated demand for these facilities and/or when they facilitate additional appreciation of the historic resource, and where such facilities and activities are not detrimental to the overall historical significance of the site, and the natural environment.(B) The intensity of recreational development in a State Parks and Historic Site should be within the carrying capacity of the resource. Facility design and construction materials should be aesthetically pleasing, and when feasible consistent with the character of the historical feature.(3) Operation.(A) Preservation, interpretation, restoration, and/or reconstruction activities in a State Parks and Historic Site should be in accord with documented historical, archeological and architectural information.(B) The historical and aesthetic integrity of a in a State Parks and Historic Site should be preserved, and encroachments from conflicting uses or facilities should be avoided. Original material and character-defining elements should not be obscured or destroyed to facilitate interpretation, or promote visitor convenience except when unavoidable to comply with rules or statutes pertaining to health, safety or architectural barriers.(C) Interpretation in a State Parks and Historic Site should reflect the significant cultural and natural resources of the site.(4) Use.(A) A State Park and Historic Site should provide for appropriate and sustainable resource oriented recreation or public enjoyment that is not detrimental to the long term stewardship of the cultural and natural resources.(B) A State Park and Historic Sites may provide public hunting opportunity when such use is not detrimental to the primary goals and management of the area and as sound biological management, location, physical conditions, safety and other public uses permit.(5) Management.(A) A State Park and Historic Site should be managed to insure the continued conservation of significant cultural features and natural resources.(B) Natural resource management in a State Parks and Historic Site should emphasize maintenance and restoration of natural communities and biodiversity, consistent with the primary goals of the area.(C) A State Park and Historic Site should be managed, in accordance with the site management plan, to address habitat needs of indigenous flora and fauna, including species and communities listed as threatened or endangered or species of special concern as identified by staff. Source Note: The provisions of this §59.64 adopted to be effective January 2, 1997, 21 TexReg 12420; amended to be effective April 23, 2001, 26 TexReg 3023; amended to be effective August 10, 2009, 34 TexReg 5394. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 59 PARKS D ADMINISTRATION OF THE STATE PARK SYSTEM §59.64 Classification and Guidelines https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=177228&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 177228 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=177228&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 177228 03/11/2026 The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Concessioner--Any person, partnership, or corporation granted leased concession rights or privileges.(2) Concessions--Those services and accommodations offered to the public in state parks for which charges, fees, admissions, or similar assessments are collected, excluding park entrance and facility use fees.(3) Franchise fee--The annual fee or percentage of gross receipts a concessioner pays to the department for park concession rights or privileges.(4) Leased concessions--Rights or privileges granted by the department to any individual, partnership, or corporation to provide visitor services and accommodations for profit within the boundaries of a state park.(5) State park or park--A state park, state natural area, state historic site, or state park and historic site under the department's jurisdiction. Source Note: The provisions of this §59.101 adopted to be effective January 2, 1997, 21 TexReg 12421; amended to be effective April 23, 2001, 26 TexReg 3024; amended to be effective April 10, 2016, 41 TexReg 2593. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 59 PARKS E OPERATION AND LEASING OF PARK CONCESSIONS §59.101 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=177229&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 177229 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=177229&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 177229 03/11/2026 (a) Park visitor services and accommodations may be operated by a concessioner under contractual arrangements with the department. Park concessions shall be limited to visitor services and accommodations that are necessary and appropriate for public use and enjoyment of the state park area in which they are to be located, and that are consistent to the highest practical degree with the preservation and conservation of the area.(b) Except as noted in this paragraph, all building and land improvements for overnight or day-use accommodations in state parks for which user fees are charged shall be developed at state expense. The department shall be responsible for the operation and maintenance of overnight and day-use facilities developed with state funds and shall also be responsible for the collection of user fees unless this responsibility has been specifically delegated to a concessioner. In the event cabins, lodges, or other buildings and structures are deemed essential for the public's full enjoyment of an area, and state funds are not available in priority for their development, the commission may authorize facilities to be constructed, operated, and maintained with private capital.(c) In parks where certain facilities for visitor services and accommodations have been provided at state expense, a concessioner may be permitted to use said buildings, structures, and installations provided he assumes full responsibility for their maintenance and repair due to normal wear and tear.(d) The executive director, subject to the provisions of commission policy, shall take such action as may be appropriate to encourage or enable the use of private capital to provide visitor services and accommodations necessary for the full enjoyment of park areas administered by the department. Source Note: The provisions of this §59.102 adopted to be effective January 2, 1997, 21 TexReg 12421; amended to be effective April 10, 2016, 41 TexReg 2593. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 59 PARKS E OPERATION AND LEASING OF PARK CONCESSIONS §59.102 General Requirements for Leased Park Concessions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=177230&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 177230 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=177230&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 177230 03/11/2026 (a) The granting, termination, amendment, transfer, assignment, and enforcement of all leased concession contract requirements and provisions of such contracts is delegated to the executive director.(b) Recruitment and selection of concessioners for a leased concession within a state park shall be accomplished in a manner appropriate for the scale of the investment and term of the business opportunity, ensuring that the selection process is fair and equitable, and in compliance with applicable contracting laws.(c) A concessioner will be selected with great care to ensure that the concessioner has the ability to successfully operate the concession in compliance with the contract between the concessioner and the department. Source Note: The provisions of this §59.103 adopted to be effective January 2, 1997, 21 TexReg 12421; amended to be effective April 23, 2001, 26 TexReg 3024; amended to be effective April 10, 2016, 41 TexReg 2593. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 59 PARKS E OPERATION AND LEASING OF PARK CONCESSIONS §59.103 Selection of a Concessioner https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=124201&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 124201 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=124201&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 124201 03/11/2026 (a) A standard form long-term contract shall be used to grant major concession rights and privileges when the concessioner is required to make sizable investments in merchandise inventories, furnishings or equipment, and maintenance or repair of state-owned buildings and structures.(b) A revocable short-term contract shall be used to grant minor concession privileges when the scope and size of the concession warrants it. Examples include merchandise vending machines, miscellaneous coin-operated machines, recreational rental equipment, and other miscellaneous services or accommodations the public has a right to expect and the executive director deems appropriate. A prospectus announcing the availability of this type of concession may not be issued.(c) A revocable temporary contract may be used when it is deemed necessary that immediate action be taken to continue services, provide interim services, or under circumstances when a test period is required to determine the feasibility for adding a new concessioner provided service in a park. Source Note: The provisions of this §59.104 adopted to be effective January 2, 1997, 21 TexReg 12421; amended to be effective April 23, 2001, 26 TexReg 3024; amended to be effective April 6, 2006, 31 TexReg 2867. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 59 PARKS E OPERATION AND LEASING OF PARK CONCESSIONS §59.104 Types of Concession Contracts https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=177231&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 177231 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=177231&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 177231 03/11/2026 (a) All contracts shall be executed for a term commensurate with the size of the total investment required of the concessioner. The duration of a contract shall be set for a period of time to allow for a reasonable opportunity for return on investment.(b) Franchise fee rates shall be determined by the executive director or his designee in an equitable and fair manner, giving consideration to the various types of operations, gross receipts, net profit, and capital invested. Single or multiple percentages applied to all or various kinds of gross receipts may be considered in new or amended contracts.(c) The penalties and interest assessed for delinquent franchise fees shall be stated in the contract, but may not exceed the penalties and interest rate established in the Texas Tax Code §111.060 and §111.061.(d) Penalties and/or interest under this section may be waived by the executive director or designee for good cause.(e) The rates and charges prescribed by the concessioner shall be subject to the approval of the executive director or designee. The reasonableness of the concessioner's rates and charges to the public shall be judged primarily by comparing with current charges for facilities and services of comparable character under similar conditions. Consideration shall be given to factors deemed relevant to the type of concession, location, and business conditions.(f) No renewal rights shall be made a part of any concession contract. Source Note: The provisions of this §59.105 adopted to be effective January 2, 1997, 21 TexReg 12421; amended to be effective April 23, 2001, 26 TexReg 3024; amended to be effective April 6, 2006, 31 TexReg 2867; amended to be effective April 10, 2016, 41 TexReg 2593. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 59 PARKS E OPERATION AND LEASING OF PARK CONCESSIONS §59.105 Leased Concession Contract Terms https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86634&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86634 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86634&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86634 03/11/2026 (a) Franchise fee rates shall be determined by the executive director or his designee in an equitable and fair manner, giving consideration to the various types of operations, gross receipts, net profit, and capital invested. Single or multiple percentages applied to all or various kinds of gross receipts will be considered in new or amended contracts.(b) A penalty of 5.0% of the franchise fee due shall be imposed on a leased concessionaire who fails to pay the fee as required under the signed contractual agreement, and if that person fails to pay the fee within 30 days after the day when the fee is sue, an additional 5.0% penalty shall be imposed.(c) Delinquent fees accrue interest beginning on the 61st day after their due date.(d) The yearly interest on all delinquent franchise fees is the prime rate plus one per cent, as published in the Wall Street Journal on the first day of the calendar year that is not a Saturday, Sunday or a legal holiday.(e) The penalties and interest assessed for delinquent franchise fees may not exceed the penalties and interest rate established in the Texas Tax Code §111.060 and §111.061.(f) Penalties and/or interest under this section may be waived by the executive director for a good cause.(g) The right to reconsider and renegotiate franchise fees of concession contracts on an annual basis shall be considered standard practice when conditions warrant an adjustment.(h) The rates and charges prescribed by the concessioner shall be subject to the approval of the executive director or his designee. The reasonableness of the concessioner's rates and charges to the public shall be judged primarily by comparing with current charges for facilities and services of comparable character under similar conditions. Consideration shall be given to:(1) length of season;(2) provisions for peakloads;(3) average percentage of occupancy;(4) accessibility;(5) availability and costs of labor and materials;(6) type of patronage; and(7) other factors deemed significant as related to the type of concession. Source Note: The provisions of this §59.106 adopted to be effective January 2, 1997, 21 TexReg 12421; amended to be effective April 23, 2001, 26 TexReg 3024. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 59 PARKS E OPERATION AND LEASING OF PARK CONCESSIONS §59.106 Franchise Fee Rates and Charges https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=177232&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 177232 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=177232&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 177232 03/11/2026 (a) Concessioners shall submit reports and keep such records in such a manner as the executive director may prescribe to enable the department to determine that all terms and conditions of the concession contract have been and are being faithfully performed.(b) The state auditor, or duly authorized representative of the department, shall, for the purpose of audit and examination, have access to records and other books, documents, and papers of the concessioner pertinent to the contract. Source Note: The provisions of this §59.107 adopted to be effective January 2, 1997, 21 TexReg 12421; amended to be effective April 23, 2001, 26 TexReg 3024; amended to be effective April 10, 2016, 41 TexReg 2593. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 59 PARKS E OPERATION AND LEASING OF PARK CONCESSIONS §59.107 Accounting https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=177233&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 177233 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=177233&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 177233 03/11/2026 (a) The executive director may require the concessioner to furnish a bond conditioned upon the faithful performance of a contract. When the contract award involves construction or other impacts to the park, the concessioner will be required to obtain a payment bond, in addition to other statutory bonding requirements, and may be required to take other actions to ensure the protection of the interests of the department and the public.(b) The concessioner shall carry such liability insurance as deemed appropriate by the department. Source Note: The provisions of this §59.108 adopted to be effective January 2, 1997, 21 TexReg 12421; amended to be effective April 23, 2001, 26 TexReg 3024; amended to be effective April 6, 2006, 31 TexReg 2867; amended to be effective April 10, 2016, 41 TexReg 2593. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 59 PARKS E OPERATION AND LEASING OF PARK CONCESSIONS §59.108 Bond and Insurance https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=177378&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 177378 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=177378&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 177378 03/11/2026 (a) The department may furnish utilities to the concessioner.(b) When it is not feasible for the department to meter utilities supplied to the concessioner, a reasonable rate fixed by the department for the concessioner's monthly consumption may be assessed and included in the concession contract terms. Source Note: The provisions of this §59.109 adopted to be effective January 2, 1997, 21 TexReg 12421; amended to be effective April 10, 2016, 41 TexReg 2593. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 59 PARKS E OPERATION AND LEASING OF PARK CONCESSIONS §59.109 Furnishing Utilities https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208848&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 208848 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208848&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 208848 03/11/2026 The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Arms and firearms--Any device from which shot, a projectile, arrow, or bolt is fired by the force of an explosion, compressed air, gas, or mechanical device. To include, but not limited to, any device described by Penal Code, §46.01(3), rifle, shotgun, handgun, air rifle, pellet gun, longbow, cross bow, sling shot, blow gun, or dart gun.(2) Bicycle--A device that a person may ride, that is propelled by human power, and has two tandem wheels at least one of which is more than 14 inches in diameter.(3) Artifacts--Objects used or modified by humans, including, but not limited to, arrow points, dart points, stone, bone, or shell implements or any other prehistoric or historic objects.(4) Boat--A vessel not more than 65 feet in length, measured from end to end over the deck, excluding sheer, and manufactured or used primarily for noncommercial use.(5) Camping--The act of:(A) occupying a designated camping facility;(B) erecting a tent, or arranging bedding, or both, for the purpose of, or in such a manner as will permit, remaining overnight; and/or(C) using a trailer, camper, or other vehicle for the purpose of sleeping during nighttime hours.(6) Cultural features--Include, but are not limited to, state archeological landmarks, archeological sites, historic sites and structures, pictographs and petroglyphs.(7) Department--The Texas Parks and Wildlife Department.(8) Director--The executive director of the Texas Parks and Wildlife Department or his or her designee.(9) Equine--A species of animal belonging to the family equidae, including horses, ponies, donkeys, and mules.(10) Garbage--Trash, refuse, rubbish, household waste, medical waste, rubble, spoil, construction debris, yard clippings, offal, or any other similarly useless, noxious, or offensive material.(11) Motor Vehicle--For purposes of this subchapter, a motor vehicle does not include a wheelchair, a motorized wheelchair or a motorized mobility device. A motor vehicle is a motor powered vehicle, including, but not limited to:(A) any motor driven or propelled vehicle required to be registered under the laws of this state;(B) an all-terrain vehicle as defined in Transportation Code, §502.001;(C) a motorcycle as defined in Transportation Code, §501.002 and §541.201;(D) a golf cart, as defined in Transportation Code, §502.001;(E) a moped as defined in Transportation Code, §541.201;(F) a neighborhood electric vehicle as defined in Transportation Code, §551.301;(G) a pocket bike or mini-motorbike, as defined in Transportation Code, §551.301;(H) an electric bicycle; or(I) a motor assisted scooter, as defined in Transportation Code, §551.301.(12) Motorized mobility device--A device designed for transportation of persons with physical disabilities that:(A) has three or more wheels;(B) is propelled by a battery-powered motor;(C) has not more than one forward gear; and(D) is not capable of speeds exceeding eight miles per hour.(13) Night--Any time from 1/2 hour after sunset to 1/2 hour before sunrise.(14) Person--Natural persons, firms, partnerships, corporations, clubs, and all associations or combinations of persons acting individually, or by an agent, servant, or employee.(15) Pet--A domesticated companion animal accompanying a person who enters or uses a state park. In no event shall a pet under this subchapter include the following:(A) a dangerous wild animal, as defined in Health and Safety Code, §822.101;(B) wildlife;(C) livestock and exotic livestock as defined in Agriculture Code, §§1.003, 142.001, and 161.001;(D) any species of animal that is not ordinarily domesticated; or(E) any species of animal that a person may not legally possess.(16) Plant life--All plants including trees, dead or downed wood, shrubs, vines, wildflowers, grass, sedge, fern, moss, lichen, fungus, or any other member of the plant family.(17) Public place--Any place to which the public or a substantial group of the public has access. The interior spaces of the following are not considered public places:(A) department cabins, screened shelters, recreation halls, group barracks, and lodges; and(B) tents, campers, trailers, motor homes, or any enclosed vehicle(s) that are used as camping equipment.(18) State park--A state park, state historic site, or state natural that is administered, operated, or managed by the department.(19) Unattended pet--A pet that is unaccompanied or not under immediate control of the person responsible for the pet. Pets tied or secured outside of camping equipment or buildings are not considered under immediate control.(20) Wildlife--A species, including each individual of a species, that normally lives in a state of nature and is not ordinarily domesticated. Source Note: The provisions of this §59.131 adopted to be effective September 9, 1996, 21 TexReg 8307; amended to be effective April 23, 2001, 26 TexReg 3025; amended to be effective October 18, 2005, 30 TexReg 6767; amended to be effective September 1, 2009, 34 TexReg 5394; amended to be effective April 10, 2016, 41 TexReg 2593; amended to be effective May 10, 2022, 47 TexReg 2773. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 59 PARKS F STATE PARK OPERATIONAL RULES §59.131 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=141615&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 141615 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=141615&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 141615 03/11/2026 (a) Upon finding a need for public safety or welfare, or preservation of park resources, the director may impose restriction on public activity and conduct and may limit the use of any area or facility in a state park or a portion thereof. It is an offense for a person to enter or remain in an area or participate in an activity so restricted by the director.(b) An employee of the department, peace officers, and emergency personnel are exempt from this subchapter when this subchapter conflicts with the discharge of his or her official duties to the extent of that conflict.(c) The director by written order may waive any provision of this subchapter in response to a natural disaster or other similar emergency.(d) Any vehicle, boat, trailer, or other property found parked, stored, or left in a state park in violation of any law or rule may be removed and stored at the owner's expense.(e) No person may enter a state park with an equine or equines, or cause the entry of an equine or equines to a state park, unless that person has in his or her immediate possession, for each equine in the person's custody or equine that the person allowed to enter the state park, a completed VS Form 10-11 (Texas Animal Health Commission) showing that the equine has tested negative to an official Equine Infectious Anemia test within the previous 12 months. The documentation required by this subsection shall be made available for inspection upon the request of any department employee acting within the scope of official duties. Source Note: The provisions of this §59.132 adopted to be effective September 9, 1996, 21 TexReg 8307; amended to be effective April 29, 2002, 27 TexReg 3568; amended to be effective September 1, 2009, 34 TexReg 5394. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 59 PARKS F STATE PARK OPERATIONAL RULES §59.132 General Rules https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=177236&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 177236 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=177236&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 177236 03/11/2026 (a) The director by written order may establish closing hours and opening hours for a state park or a portion of a state park. Closing hours or opening hours shall be posted.(b) The director or designee may close a state park as necessary to protect public health and safety during emergency conditions, resource management activities, construction projects or other management purposes.(c) Except for persons authorized by the department to use a camping facility, trailer space, shelter, cabin or lodge facilities, or boat ramp, or for persons who have paid the overnight activity use fee, it is an offense for a person to enter into or remain within a state park between the closing hour and the opening hour. Source Note: The provisions of this §59.133 adopted to be effective September 9, 1996, 21 TexReg 8307; amended to be effective September 1, 2009, 34 TexReg 5394; amended to be effective April 10, 2016, 41 TexReg 2593. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 59 PARKS F STATE PARK OPERATIONAL RULES §59.133 Closing Hours and Overnight Use https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208849&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 208849 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208849&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 208849 03/11/2026 (a) Abandoned and unattended property. It is an offense for any person to:(1) abandon a vehicle or other personal property;(2) leave a vehicle, boat, barge, or other property unattended in a unit of the state park system in such a manner as to create a hazardous or unsafe condition; or(3) leave property unattended in a state park without having received prior permission from the director or to leave a vehicle unattended after the closing hour, unless such person is legally in the park after closing, and unless he has parked the vehicle in a place designated by the director or he has prior permission from the director.(b) Alcoholic beverages.(1) Prohibition. Except as provided in paragraph (2) of this subsection, it is an offense for any person to:(A) consume or display an alcoholic beverage in a public place; or(B) sell alcoholic beverages within a state park.(2) Exceptions. The provisions delineated in paragraph (1) of this subsection do not apply to an alcoholic beverage:(A) consumed or displayed by an individual in accordance with the terms and conditions of a special event authorization issued by the director;(B) consumed or displayed by an individual within an area for which such consumption or display is authorized pursuant to a concession agreement or authorization issued by the director; or(C) sold by a concessionaire under the terms and conditions of a concession agreement or special event authorization issued by the director, provided:(i) the alcoholic beverage is consumed or displayed within the areas and time frames authorized by the concession agreement or special event authorization; and(ii) the concessionaire is in compliance with all applicable state and local laws and requirements regarding the sale of alcoholic beverages, including, but not limited to possession of all necessary permits and licenses required for the sale of alcoholic beverages.(D) The department will not authorize any activity under this paragraph that is determined to conflict or be inconsistent with the department mission.(c) Animals. Except as provided in this subsection, it is an offense for any person to bring into a state park, possess while in a state park, or release into a state park any species of animal. A pet, equine, or llama may be brought into and possessed within a state park as provided in this subsection.(1) Equine or llama. It is an offense for any person to:(A) ride, drive, lead, or keep an equine or llama, except in designated areas;(B) ride an equine or llama in a manner that is dangerous to a person or animal;(C) allow an equine or llama to stand unattended or insecurely tied; or(D) hitch an equine or llama to a tree, shrub, or structure in any manner that may cause damage.(2) Pets. It is an offense for any person to:(A) bring into, possess, or permit to roam within a state park a pet, unless the pet is secured by a leash not exceeding six feet in length, confined in a vehicle, or confined in a suitable cage;(B) bring into or possess within a state park an unattended pet;(C) fail to immediately collect and properly dispose of fecal material deposited by a pet for which a person is responsible. For purposes of this paragraph, "properly dispose" means to deposit fecal material in an appropriate solid waste collection container;(D) bring a pet into an area where pets are prohibited;(E) permit a pet (except a trained assistance animal accompanying a person with a disability) to enter into or remain in any building or enclosure designated for public use including, but not limited to, a restaurant, snack bar, cabin, lodge room, restroom, park store, shelter, refectory building, amphitheater, administration building, or railroad coach;(F) permit a pet in the water of a designated swimming area or to permit a pet animal (except a trained assistance animal accompanying a person with a disability) within the land or beach area adjacent to the water of a designated swimming area; or(G) possess a noisy, vicious, or dangerous pet, or a pet which creates a disturbance to or hazard within a state park.(3) Wildlife. It is an offense for any person to:(A) harm, harass, disturb, trap, confine, catch, possess, or remove any wildlife, or portions of wildlife from a unit of the state park system, except by a permit issued by the director or as provided by the Parks and Wildlife Code, Chapter 62, Subchapter D;(B) release or introduce any species of animal life within a park (including waters within a park), except as authorized by the Parks and Wildlife Code and written order of the Executive Director or designee; or(C) feed or offer food to any wildlife or exotic wildlife, or to leave food unsecured in a manner that makes the food available to wildlife or exotic wildlife, unless specifically authorized by the department. The feeding of birds may be permitted on a park-by-park basis as prescribed by the department.(d) Arms and Firearms. It is an offense for any person to display or discharge an arm or firearm in a state park, except while:(1) the person is participating in a public hunting activity within the state park as authorized by applicable public hunting rules and regulations;(2) the person is fishing by means of lawful archery equipment or is participating in an authorized, supervised recreational or educational activity;(3) the person is licensed to possess and carry a handgun under Government Code, Chapter 411, Subchapter H, and is in possession of and carrying the handgun in compliance with applicable law, including, but not limited to, applicable regulations adopted pursuant to Government Code, Chapter 411, Subchapter H;(4) the person carries a handgun in a holster in compliance with Penal Code, Chapter 46; or(5) the person has been authorized to do so by written order of the director.(e) Closed Area. It is an offense for any person to:(1) prevent or interfere with development, construction, or management of a state park; or(2) enter or remain in an area of a state park that has been closed by the director for any reason, including security, safety, preservation, or restoration.(f) Entrance and User Fees and Permits: It is an offense for any person to enter, use, or occupy a facility in any portion of a state park for which a fee has been established or a permit is required unless the person has first paid the fee or satisfied the requirements of the permit, has received an entrance/use permit issued by the department, has displayed the permit as required, and agrees to comply with applicable permit conditions. If the office is closed, payment must be made according to posted instructions or signage.(g) Facilities Use. It is an offense for any person to:(1) use an area or facility for any purpose contrary to its designated purpose; or(2) keep, use, or arrange a motor vehicle, trailer, camping, or other equipment except as specified by the director. All vehicles and trailers are restricted to designated roads and parking areas, unless otherwise specified by permit;(3) enter into, or remain in, an area or facility for which a public use limit has been established when such action will have the effect of exceeding the established limitations;(4) exceed the public use limit establishing a maximum number of persons and, if appropriate, the number and type of motor vehicles, trailers, and equipment permitted to enter into, or remain in, a designated area or facility at any time;(5) continue to occupy a facility past check-out time when a check-out time has been established by the director; or(6) engage in camping except as authorized by permit in areas designated or marked for that purpose.(h) Fires, Firewood, Smoking and Fireworks. Portable gas-fueled camp stoves may be used in designated campsites or picnic areas; however, it is an offense for any person to:(1) light, build, or maintain a fire within a state park except in a facility or device provided, maintained, or designated for such purposes or to smoke or build fires when an extreme fire hazard has been posted by the department or a burn ban has been instituted by local government ordinance;(2) gather firewood except when authorized by permit;(3) leave a fire unattended; or(4) possess within a state park any fireworks, explosives, or similar devices capable of explosion, or to discharge, set off, or cause to be discharged in or into a state park any such device or substance, except with written authorization from the director.(i) Metal detector. It is an offense for any person to operate or use a metal detector, except as authorized by permit.(j) Minors and children.(1) A person younger than 15 years who enters a state park, must be supervised by a parent, legal guardian, or other responsible adult over the age of 17 years at all times.(2) A person 15 years or older, but younger than 17 years may not enter or remain in a state park during overnight hours unless:(A) the person is supervised by a parent, legal guardian or other responsible person over the age of 17 years;(B) the person furnishes written consent of a parent or legal guardian to park personnel at the state park headquarters. For purposes of this subsection, written consent consists of a statement from a parent or legal guardian authorizing the person to enter the park and stating the full name, residence address, and telephone number of the parent or legal guardian; or(C) the person is legally married.(3) For purposes of this subsection, a person who is required by this subsection to be supervised and is part of a group will be considered supervised by a parent, legal guardian or other responsible person if there is at least one supervising adult over the age of 17 years for every 15 persons for whom supervision is required by this subsection.(4) For purposes of this subsection, "overnight hours" is the time between a state park's closing time and opening time.(5) It is an offense for a parent, legal guardian or other responsible person charged with supervision of a person under 17 years of age to permit the person under 17 years of age to violate a regulation contained in this subchapter.(k) Motor Vehicle Use, Possession and Operation.(1) Operation. It is an offense for any person to:(A) operate a motor vehicle in a state park except on roads, driveways, parking areas, and areas designated as open for motor vehicle use;(B) operate a motor vehicle in a state park if the motor vehicle is not licensed and inspected as required by the Texas Transportation Code or other law regarding the operation of motor vehicles, except as specifically authorized by permit; or(C) operate a motor vehicle in a state park in a manner not authorized by the Texas Transportation Code or other laws regarding the operation of motor vehicles.(2) Parking. It is an offense for any person to:(A) park a motor vehicle or trailer in a state park except in areas designed, constructed, or designated for that purpose; or(B) park, store, or leave a motor vehicle or trailer in violation of this section when signs have been posted in the affected areas.(3) Speed Limit. It is an offense for any person to drive a motor vehicle within a state park at a speed:(A) greater than is reasonable or prudent, having due regard for the traffic and the road conditions then existing;(B) that endangers the safety of persons or property; or(C) that exceeds the posted speed limit in any portion of the state park system.(4) Traffic. It is an offense for any person to:(A) operate a motor vehicle in a state park between the park closing hour and 6 a.m. opening hour, except for emergency or necessary purposes; or(B) operate a motor vehicle in an indiscriminate or unnecessary manner (cruising).(5) Trail use. It is an offense for any person to operate or use a motor vehicle or a bicycle on an unpaved road, trail, or path not designated and posted for use by such a motor vehicle or bicycle or use the trail in a manner that is dangerous to a person or animal.(l) Natural and Cultural Resources.(1) Plant life. It is an offense for any person to willfully mutilate, injure, destroy, pick, cut, remove, or introduce any plant life except by permit issued by the director.(2) Geological features. It is an offense for any person to take, remove, destroy, deface, tamper with, or disturb any rock, earth, soil, gem, mineral, fossil, or other geological deposit except by permit issued by the director.(3) Cultural resources. It is an offense for any person to take, remove, destroy, deface, tamper with, disturb, or otherwise adversely impact any prehistoric or historic resource, including but not limited to, buildings, structures, cultural features, rock art, or artifacts, except by written order of the director.(m) Peace and quiet. It is an offense for any person to:(1) disturb other persons in sleeping quarters or in campgrounds between the hours of 10 p.m. and 6 a.m.;(2) cause, create, or contribute to any noise which is broadcast, or caused to be broadcast, into sleeping quarters or campgrounds, or which emits sound beyond the person's immediate campsite, between the hours of 10 p.m. and 6 a.m., whether by shouting or singing, by using a radio, phonograph, television, or musical instrument, or by operating mechanical or electronic equipment;(3) use electronic equipment, including electrical speakers, at a volume which emits sound beyond the immediate individual camp or picnic site at any time without specific permission of the director; or(4) create a disturbance capable of negatively affecting other park users by causing excessive noise by any means. Specific allowable noise levels for specific parks or parts of parks may be established by written order of the director.(n) Public Nudity. It is an offense for any person to disrobe or appear nude in public. Females are considered to be disrobed when their breasts below the top of the areola are exposed except when nursing a baby.(o) Soliciting. It is an offense for any person to solicit funds or donation of any item, or offer to sell any goods, wares, merchandise, liquid, or edibles, or render any service for hire, or distribute written material, in a state park, except by authority of a concession agreement approved by the director.(p) Water Recreation. It is an offense for any person to:(1) engage in water skiing, surf boarding while being towed, towing a person or a similar device, or operate a motorized ski device on lakes of less than 650 surface acres located in a state park;(2) enter water or swim in an area closed for that activity;(3) swim at night unless otherwise posted;(4) introduce, carry into, or possess, use, break, dispose of, throw, or abandon any glass container in the water of a swimming area, swimming pool, or in the beach area adjacent to the water of a swimming area;(5) moor, dock, or berth a boat or any other object between the hours of 10 p.m. and 6 a.m., except in mooring areas designated by the director; or(6) moor, dock, or berth a commercial vessel at any part of a state park except by permit from the director.(q) Water, Wastewater, Sewage, and Garbage. It is an offense for any person to:(1) deposit waste water, sewage, or effluent from sinks, toilets, or other plumbing fixtures directly on the ground or into the water;(2) use any water fountain, drinking fountain, pool, sprinkler, reservoir, lake or any other water body contained in the park for bathing, laundering, and washing dishes, pets, or vehicles (including trailers);(3) deposit fish parts at any location except park fish cleaning facilities;(4) discard, deposit, or dump garbage in a state park, except for:(A) garbage generated inside the park during the course of park visitation; or(B) an amount of garbage consistent with what ordinarily would accumulate in a vehicle in the course of a day's travel;(5) dispose of garbage except in a receptacle provided for that use or as may otherwise be specifically authorized by department personnel; or(6) use water provided by the state park for purposes other than drinking, washing or culinary uses. Source Note: The provisions of this §59.134 adopted to be effective September 1, 2009, 34 TexReg 5394; amended to be effective April 10, 2016, 41 TexReg 2593; amended to be effective December 27, 2018, 43 TexReg 8476; amended to be effective May 10, 2022, 47 TexReg 2773. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 59 PARKS F STATE PARK OPERATIONAL RULES §59.134 Rules of Conduct in Parks https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3573&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3573 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3573&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3573 03/11/2026 All vehicles, trailers, motor homes, camping equipment, or personal belonging may be removed at the owner's expense when exceeding the check-out time limitation of a facility. Source Note: The provisions of this §59.135 adopted to be effective September 9, 1996, 21 TexReg 8307. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 59 PARKS F STATE PARK OPERATIONAL RULES §59.135 Vehicles, Trailers, Motor Homes, Camping Equipment, or Personal Belongings https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18907&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18907 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18907&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18907 03/11/2026 Penalties for violations of §§59.132-59.134 of this title (relating to General Rules, Closing Hours and Overnight Use, and Rules of Conduct) are Class C Misdemeanors, Parks and Wildlife Code, Chapter 13.112. Source Note: The provisions of this §59.136 adopted to be effective September 9, 1996, 21 TexReg 8307. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 59 PARKS F STATE PARK OPERATIONAL RULES §59.136 Penalties https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161740&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 161740 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161740&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 161740 03/11/2026 (a) An employee of the department may accept a gratuity offered by a customer of a restaurant, cafeteria, or other food service establishment or hospitality unit of a state park operated by the department if the employee has been authorized to do so by the executive director.(b) An employee authorized under subsection (a) of this section to accept gratuities shall follow the policies of the department and all applicable laws of the United States and the State of Texas applicable to the reporting of gratuities.(c) The department shall follow all applicable laws of the United States and the State of Texas applicable to the reporting of gratuities received by department employees under the provisions of this section. Source Note: The provisions of this §59.221 adopted to be effective October 18, 2005, 30 TexReg 6768; amended to be effective May 9, 2013, 38 TexReg 2768. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 59 PARKS I GRATUITIES §59.221 Acceptance of Gratuities https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165930&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 165930 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165930&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 165930 03/11/2026 (a) Definitions. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. All other words and terms shall have the meanings assigned by Parks and Wildlife Code.(1) Off-highway motorcycle--A vehicle meeting the definition of a motorcycle in Transportation Code, §502.001, that is not registered for use on a public roadway.(2) Public land--Any land on which an off-highway decal is required under Parks and Wildlife Code, §29.003.(b) No person shall operate an off-highway vehicle on public land in this state unless an off-highway decal has been affixed to the off-highway vehicle.(c) An off-highway vehicle decal does not authorize any person to:(1) enter public land or operate an off-highway vehicle on public land if entry or use of an off-highway vehicle is otherwise prohibited; or(2) operate an off-highway vehicle on a public roadway. Source Note: The provisions of this §59.231 adopted to be effective April 6, 2006, 31 TexReg 2867; amended to be effective February 16, 2014, 39 TexReg 768. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 59 PARKS J OFF-HIGHWAY VEHICLE TRAIL AND RECREATIONAL AREA PROGRAM §59.231 Off-Highway Vehicle Trail and Recreational Area Program https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=134055&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 134055 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=134055&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 134055 03/11/2026 The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Capitalized maintenance equipment--Maintenance equipment having an acquisition value of $5,000 or more.(2) Commission--Texas Parks and Wildlife Commission.(3) Department--Texas Parks and Wildlife Department.(4) Department purpose--Any function of the department required or authorized by state or federal law.(5) Fair market value--The price at which a piece of maintenance equipment would change hands between a willing buyer and a willing seller, neither being under any compulsion to buy or to sell and both having reasonable knowledge of relevant facts.(6) Maintenance cost--The annual cost to repair or otherwise keep a piece of maintenance equipment in working order, but does not include routine maintenance, such as oil changes, tire replacement, and lubrication, that are part of a scheduled regime of equipment care.(7) Maintenance equipment--Personal property owned by the department that is used to administer, operate, preserve, repair, expand, or otherwise maintain real property, including improvements and fixtures, owned or operated by the department.(8) Operational--The condition of being currently in use or functionally capable of being used.(9) Outdated equipment--Capitalized maintenance equipment that:(A) has a fair market value that is less than the maintenance cost;(B) is not operational and cannot reasonably be made operational; or(C) no longer serves a department purpose.(10) Replacement cost--The cost of replacing maintenance equipment with maintenance equipment having similar functionality. Source Note: The provisions of this §60.2 adopted to be effective December 23, 2007, 32 TexReg 9349. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 60 MAINTENANCE REVIEWS A MAINTENANCE EQUIPMENT REVIEW §60.2 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=134056&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 134056 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=134056&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 134056 03/11/2026 (a) For each piece of capitalized maintenance equipment in the department's inventory, the department shall prepare an annual report containing the following:(1) the fair market value;(2) the maintenance cost for the equipment for the preceding twelve months;(3) whether the equipment is operational or can reasonably be made operational; and(4) whether the equipment continues to serve a department purpose.(b) Within 60 days after the completion of the report described in subsection (a) of this section, the department shall initiate the process to sell or otherwise dispose of outdated equipment that meets any of the following three criteria:(1) the equipment is not operational and cannot reasonably be made operational;(2) the equipment longer serves a department purpose;(3) the equipment has a fair market value that is less than the maintenance cost of the equipment and both of the following apply:(A) The cost to replace the equipment is less than the annual maintenance cost of the equipment; and(B) Sufficient funds and capital budget authority are appropriated and available to replace the equipment without unduly impairing other department operations. Source Note: The provisions of this §60.3 adopted to be effective December 23, 2007, 32 TexReg 9349. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 60 MAINTENANCE REVIEWS A MAINTENANCE EQUIPMENT REVIEW §60.3 Maintenance Equipment Review System https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=134057&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 134057 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=134057&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 134057 03/11/2026 (a) The department shall sell or dispose of outdated equipment identified for sale or disposition pursuant to this subchapter in accordance with applicable law.(b) The provisions of this subchapter do not prevent the department from disposing of any property as otherwise may be provided for by law. Source Note: The provisions of this §60.4 adopted to be effective December 23, 2007, 32 TexReg 9349. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 60 MAINTENANCE REVIEWS A MAINTENANCE EQUIPMENT REVIEW §60.4 Sale of Outdated Equipment https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=134058&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 134058 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=134058&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 134058 03/11/2026 The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Capitalized personal property--Personal property having an acquisition value of $5,000 or more.(2) Commission--Texas Parks and Wildlife Commission.(3) Department--Texas Parks and Wildlife Department.(4) Department facility--A wildlife management area, fish hatchery, state park, or state historic site operated by the Department.(5) Maintenance service--The administration, operation, preservation, repair, and expansion of capitalized personal property or real property owned or operated by the department. Source Note: The provisions of this §60.10 adopted to be effective December 23, 2007, 32 TexReg 9351. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 60 MAINTENANCE REVIEWS B MAINTENANCE PROVIDER REVIEW §60.10 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=134059&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 134059 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=134059&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 134059 03/11/2026 (a) Annual report.(1) The department shall prepare an annual report on the cost of obtaining the following maintenance services:(A) groundskeeping and landscaping services (such as mowing, trimming, and vegetation control and removal);(B) janitorial services;(C) minor repairs; and(D) solid waste collection, removal, and disposal services.(2) For each maintenance service listed in paragraph (1) of this subsection that is performed by department personnel at the time of the annual report, the annual report shall identify:(A) the cost of performing the maintenance service by department personnel for the period covered by the report;(B) the estimated cost of performing the maintenance service by a third-party contractor, including the department's anticipated contract management costs; and(C) whether the quality of the maintenance service performed by the third-party contractor will be equal to or greater than the quality of the maintenance service performed by department personnel.(3) The annual report shall identify those maintenance services that meet the following criteria:(A) the cost of performing the maintenance service by department personnel exceeds the estimated cost of performing the maintenance service by a third-party contractor, including the department's anticipated contract management costs; and(B) the quality of the maintenance service performed by the third-party contractor will be equal to or greater than the quality of the maintenance service performed by department personnel.(b) Contract with third party. Within 60 days of completion of the report required by subsection (a) of this section, the department shall begin the process of contracting with a third party to perform the maintenance services meeting the criteria listed in subsection (a)(3) of this section. Source Note: The provisions of this §60.11 adopted to be effective December 23, 2007, 32 TexReg 9351. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 60 MAINTENANCE REVIEWS B MAINTENANCE PROVIDER REVIEW §60.11 Maintenance Provider Review System https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222398&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 222398 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222398&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 222398 03/11/2026 (a) The department shall solicit, evaluate, negotiate, select, and award contracts for construction projects by means of a fair and impartial method as authorized by applicable law and department policy.(b) The department shall ensure that any method used to solicit, evaluate, select, and award a contract for construction results in the best value for the department.(c) The executive director of the department is authorized to award job order contract jobs, tasks, and purchase orders in excess of $1,000,000 under the provisions of Government Code, Chapter 2269, Subchapter I, for any qualifying project.(d) The director and deputy director of the department's Infrastructure Division are authorized to award job order contract jobs, tasks, and purchase orders in excess of $500,000 but not more than $1,000,000 under the provisions of Government Code, Chapter 2269, Subchapter I, for any qualifying project. Source Note: The provisions of this §61.21 adopted to be effective January 2, 2013, 37 TexReg 10230; amended to be effective December 4, 2024, 49 TexReg 9765. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 61 DESIGN AND CONSTRUCTION A CONTRACTS FOR PUBLIC WORKS §61.21 Authority to Contract https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190073&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 190073 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190073&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 190073 03/11/2026 The department shall develop, implement, and follow guidelines and policies to ensure compliance with the provisions of Government Code, §2252.202(a). Source Note: The provisions of this §61.22 adopted to be effective March 15, 2018, 43 TexReg 1443. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 61 DESIGN AND CONSTRUCTION A CONTRACTS FOR PUBLIC WORKS §61.22 Purchase of Iron or Steel Products https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3577&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3577 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3577&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3577 03/11/2026 (a) The department will administer a statewide program for boating access facilities in accord with the its current Procedural Guide for the State Boat Ramp Program.(b) The program will be submitted to the Commission for approval.(c) Equitable distribution will be observed, with consideration given to available public waters and numbers of boat registrations. Source Note: The provisions of this §61.101 adopted to be effective March 6, 1997, 22 TexReg 1891. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 61 DESIGN AND CONSTRUCTION C BOAT RAMP CONSTRUCTION AND REHABILITATION §61.101 General https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18939&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18939 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18939&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18939 03/11/2026 Fees may be assessed for the use of boating access facilities supported with program funds when there are no conflicts with state or federal law or regulations. Source Note: The provisions of this §61.102 adopted to be effective March 6, 1997, 22 TexReg 1891. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 61 DESIGN AND CONSTRUCTION C BOAT RAMP CONSTRUCTION AND REHABILITATION §61.102 Fees https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18940&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18940 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18940&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18940 03/11/2026 (a) Applicants will provide assurance that the property on which the facility is to be located is under the legal control of the applicant for a minimum of 25 years.(b) Applicants must agree to operate facilities. Source Note: The provisions of this §61.103 adopted to be effective March 6, 1997, 22 TexReg 1891. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 61 DESIGN AND CONSTRUCTION C BOAT RAMP CONSTRUCTION AND REHABILITATION §61.103 Requirements of Applicants https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196550&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 196550 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196550&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 196550 03/11/2026 (a) The Recreation Grants Manual contains the standards and requirements for the application, evaluation and award of all grants made under this subchapter and is adopted by reference.(b) The department is the state agency designated to cooperate with the federal government in the administration of the provisions of the Land and Water Conservation Fund Act of 1965. The federal procedural guide is designed to assist local governments in making application for federal funds, and describes the rules and regulations governing the disbursement of such funds for the Land and Water Conservation Fund Program and is adopted by reference.(c) Copies of the Recreation Grants Manual and the federal procedural guide are available at the Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744 and on the department's website. Source Note: The provisions of this §61.132 adopted to be effective July 3, 2008, 33 TexReg 5012; amended to be effective September 19, 2019, 44 TexReg 5053. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 61 DESIGN AND CONSTRUCTION E LOCAL PARKS AND RECREATION GRANT PROGRAM §61.132 Grants Manual and Federal Procedural Guide https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196551&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 196551 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196551&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 196551 03/11/2026 (a) It is the policy of the Texas Parks and Wildlife Commission that the department award and administer projects under this subchapter in accord with the provisions of this subchapter, with the intent to provide the greatest number of high-quality outdoor and indoor recreational opportunities for Texas, consistent with Parks and Wildlife Code, Chapter 24, and the priorities and policies articulated in the department's Land and Water Resources Conservation and Recreation Plan and the Texas Outdoor Recreation Plan (required for federal funding), as applicable.(b) The department will not accept or evaluate a project proposal that is not submitted to the department via the department's on-line application process.(c) The department will not score an application that is not administratively complete. An administratively complete application is an application that is in substantive compliance with the requirements of this subchapter, as determined by the department.(d) If an applicant is in compliance with the conditions of existing or previous grant agreements with the department, the application will be scored and considered for funding. If the applicant is not in compliance with existing or previous grant agreements, the department may request the applicant to submit an action plan for addressing deficiencies or problematic issues. If the applicant is unable to provide, to the department's satisfaction, evidence that the deficiencies or problematic issues in question can or will be resolved, the department may choose not to score the application or consider it further.(e) The department will evaluate prospective projects on a qualitative basis, awarding points within the specified range (from 0 (no points) to the maximum allowable for each criterion) according to the department's determination of how the applicant's treatment of any given component places along a continuum from poor to excellent. The department will not automatically award points for cursory, mechanical attempts to address as many criteria as possible in order to accrue points.(f) Applications for grants under this subchapter shall be scored according to the provisions of this subchapter and shall be ranked in relation to the scores of other applications under consideration.(g) Projects funded under this subchapter shall be pursued by the sponsor in accordance with the timelines established by the department for each project, unless the department determines that circumstances beyond the sponsor's control warrant timeline extension. Failure to meet timelines or timeline extensions shall be grounds for the department to initiate cancellation of the affected project.(h) Grant awards are dependent on the availability of grant funds. Source Note: The provisions of this §61.133 adopted to be effective September 19, 2019, 44 TexReg 5053. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 61 DESIGN AND CONSTRUCTION E LOCAL PARKS AND RECREATION GRANT PROGRAM §61.133 General Provisions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196552&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 196552 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196552&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 196552 03/11/2026 (a) The purpose of this section is to provide a mechanism for determining the suitability of project proposals for funding the acquisition of land and the development of public indoor and outdoor recreation facilities.(b) Scoring Criteria.(1) Community Need (Total Range: 0-10 points).(A) Applicant has a current Park, Recreation, and Open Space Comprehensive Plan or other comparable plan on file with the department at the time of application. (5 points)(B) Applicant:(i) describes the needs-assessment process used for this project;(ii) explains the influence of community needs on the site design;(iii) provides a detailed description of the public input process (including the timing of public comment opportunity, methods for obtaining and analyzing public comment, and the results/impacts of public comment); or(iv) identifies other methods of needs assessment such as staff recommendations or threat of a lost opportunity. (0-5 points)(2) Goals and Objectives (Total Range: 0-10 points). The project proposal identifies specific, well-defined goals and objectives that both clearly explain the local priorities to be addressed by the proposed project and illustrate how the proposed project, if funded, will support the department's Land and Water Resources Conservation and Recreation Plan, Texas Outdoor Recreation Plan, and Local Park Grant program objectives, as applicable. Proposed projects that provide direct recreational opportunities will receive priority.(3) Timeline and Cost (Total Range: 0-5 points). The project proposal includes a detailed timeline and budget that identify, on a step-by-step basis, the waypoints along the continuum of the project's progress from start to finish and all expected project costs associated with the proposed project, correlated chronologically to the timeline. The department will evaluate proposed projects with respect to this criterion based on the feasibility of the project in the context of the department's understanding of similar projects and the consistency of the submitted budget with that understanding, particularly with respect to acquisition and/or construction costs.(4) Site Design (Total Range: 0-10 points). An application must include a site plan/boundary map that is clear, easy-to-read, and contains all information required by and identified in the funding application. Acquisition-only projects must describe plans to protect natural and cultural resources and include plans depicting anticipated future development.(A) Site design takes into consideration the character and special features (including features of natural, cultural, or historical importance) of the site and clearly identifies street names, total acreage, true north arrow, utilities, easements, special features, boundaries of existing parkland, and boundaries of acquisition tracts. Site maps correlate with the project components described in the application and outlined in the itemized budget. (0-5 points)(B) Project maximizes the use of funds for acquisition, recreation and conservation opportunities, determined by dividing the direct acquisition, recreational, and conservation costs by the total construction costs and multiplying the result by 5. (0-5 points)(5) Organizational capacity (Total Range: 0-5 points).(A) The applicant demonstrates to the department's satisfaction that qualified staff and resources are in place to manage the grant from inception to completion, or, alternatively, evidence that the applicant is partnered with an entity to provide staff and/or resources necessary to manage the grant from inception to completion.(B) The applicant demonstrates to the department's satisfaction that resources are in place to properly operate and maintain facilities supported by the grant following completion, or, alternatively, a feasible plan and timeline for obtaining resources to properly operate and maintain the facilities supported by the grant following completion.(6) Past Performance (Total Range: 0-10 points).(A) Applicant is a first-time applicant. (10 points); or(B) Applicant is in full compliance with the conditions of previously-funded and active recreation grants awarded by the department under this subchapter. (10 points); or(C) Applicant is not in compliance with the conditions of previously-funded and active recreation grants awarded by the department under this subchapter but provides a credible and feasible action plan and timeline for achieving compliance. (0-10 points).(7) Geographic Distribution (Total Range: 0-5 points). The project will improve the geographic distribution of park and recreation lands and facilities in the project's service area or within the applicant's jurisdiction.(A) Project provides the first public park in the applicant's jurisdiction or intended service area (5 points); or(B) Project:(i) fills a critical parks and recreation gap as identified through research, public input, or other means. (0-3 points).(ii) is safely accessible to the public via multiple modes of transportation (e.g., walking, biking, public transportation system). (0-2 points).(8) Under-served Populations (Total Range: 0-10 points). The proposed project increases opportunity and improves access to parks and recreation facilities for under-served populations.(A) Project improves opportunities for low-income citizens, defined as the percent of households making less than $35,000 per year, based on economic and demographic data for the service area from the most recent federal census data; and/or(B) Project improves opportunities for ethnic minority citizens, defined as the percent of a population that does not select "white alone" on the US Census, based on economic and demographic data for the service area from the most recent census data; determined by multiplying the sum of percentage of population qualifying as low-income and percentage of population qualifying as minority by 5.(9) Accessibility (Total Range: 0-5 points). The proposed project provides park and recreation opportunities for physically/mentally challenged citizens that exceed federal and state required accessibility standards.(10) Conservation (Total Range: 0-10 points). The proposed project actively protects or restores sensitive ecosystems and incorporates elements that cultivate support for and awareness of natural and/or cultural resources.(11) Sustainable Park Design (Total Range: 0-10 points). The applicant demonstrates that the proposed project uses or incorporates sustainable design features and practices.(12) Coordination with Subject Matter Experts. (Total Range: 0-5 points).(A) The applicant demonstrates meaningful input to the proposed project by subject matter experts in acquisition, planning, design, natural resource protection, and construction.(B) The proposed project reflects consideration and inclusion of best management practices in all phases of project development.(13) Outside Partnerships (Total Range: 0-5 points). The extent to which the proposed project involves the contribution of resources from sources other than the applicant to serve as all or part of the applicant's matching share of funds.(A) Current, signed letters of commitment providing detailed descriptions of the nature and value of contributions, including methodologies employed to determine those values. Points shall be awarded on a percentage basis, determined by dividing the total outside contribution value by the total match and multiplying the result by 3. (0-3 points); and/or(B) Applicant demonstrates and documents external support greater than the required match, including overmatch and/or community mobilization. (0-2 points) Source Note: The provisions of this §61.134 adopted to be effective September 19, 2019, 44 TexReg 5053. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 61 DESIGN AND CONSTRUCTION E LOCAL PARKS AND RECREATION GRANT PROGRAM §61.134 Local Park and Recreation Grant Program https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196553&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 196553 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196553&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 196553 03/11/2026 (a) Program purpose. The purpose of this section is to provide a mechanism for determining the suitability of project proposals to award funding to tax-exempt organizations for programming that engages under-served populations in outdoor recreation, conservation, and environmental education activities that support the department's mission.(b) Scoring Criteria:(1) CO-OP Priorities (Total Range: 0-15 points).(A) The quality and efficacy of proposed project outcomes relative to CO-OP priorities. (0-8 point range)(B) The quality of the proposed project's involvement of participants in sustained direct connections to the department, including department sites, programs, and personnel. (0-7 point range)(2) Under-served Populations (Total Range: 0-30 points).(A) The extent to which the proposed project includes target populations, including female, ethnic minority, low-income, and physically or mentally challenged populations. (0-6 point range per target population for a maximum of 24 points.)(B) A clearly articulated plan demonstrating a reasonable probability that the proposed project will reach the target demographic. (0-3 point range)(C) A feasible plan to track and report demographic information. (0-3 point range)(3) Expected Impact (Total Range: 0-30 points). The expected project results in terms of participant and environmental impact, including:(A) A project narrative illustrating goals that are feasible, fully developed, specific, measurable, attainable, relevant, and present a high potential for success. (0-5 point range)(B) The extent to which the project will develop life-long behaviors consistent with the program mission, with preference for projects that engage participants in multiple experiences over an extended period of time. (0-5 point range)(C) The extent to which the proposed project will contribute to the development of successive generations of natural resource and outdoor recreation leaders or professionals. (0-5 point range)(D) Activities utilize a hands-on, active engagement approach to skill development. (0-5 point range)(E) The quality of the tangible environmental benefits resulting from the activities conducted by participants. (0-10 point range)(4) Timeline and Budget (Total Range: 0-20 points).(A) The project has an acceptable timeline including a detailed timeline that accounts for all project phases, is achievable, and correlates with the project narrative. (0-8 point range)(B) The identified budget items are allowable under the administrative guidelines of §61.132 of this title (relating to Grants Manual and Federal Procedural Guide), are reasonable, and clearly support the proposed activities. (0-7 point range)(C) The budget reflects consciousness of cost effectiveness and provides a reasonable return on investment with respect to participant impact. (0-5 point range)(5) Organizational Capacity (Total Range: 0-5 points). The applicant demonstrates the capacity to manage and implement the grant project:(A) The proposed project is within the scope of the applicant's mission. (0-2 point range)(B) The applicant demonstrates to the department's satisfaction that qualified staff and resources are in place to manage the grant from inception to completion, or, alternatively, evidence that the applicant is partnered with an entity to provide staff and/or resources necessary to manage the grant from inception to completion. (0-2 point range)(C) The organization plans to continue similar activities and will maintain grant-supported supplies and equipment after the grant period ends. (0-1 point range)(6) Past Performance (Total Range: Deduction of 0-20 points). A scoring deduction will be imposed if the applicant is not in compliance with the conditions of previously-funded grants awarded by the department under this subchapter that were closed within two years from the current application deadline. Non-compliance includes failure to spend CO-OP grant funds, unfulfilled project elements or grant agreement requirements, unresponsiveness to department requests for information, and consistently missing, late or incomplete reports required by agreement with the department. Source Note: The provisions of this §61.135 adopted to be effective September 19, 2019, 44 TexReg 5053. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 61 DESIGN AND CONSTRUCTION E LOCAL PARKS AND RECREATION GRANT PROGRAM §61.135 Grants for Community Outreach Outdoor Programs (CO-OP) https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196554&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 196554 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196554&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 196554 03/11/2026 (a) Program purpose. The purpose of this section is to provide a mechanism for determining the suitability of project proposals for funding the acquisition of land and the development of public outdoor recreation facilities by small communities.(b) Scoring Criteria.(1) Goals and Objectives (Total Range: 0-10 points). The project proposal identifies specific, well-defined goals and objectives that both clearly explain the local priorities to be addressed by the proposed project and illustrate how the proposed project, if funded, will support the department's Land and Water Resources Conservation and Recreation Plan, Texas Outdoor Recreation Plan, and Local Park Grant program objectives, as applicable.(2) Community Need (Total Range: 0-10 points). Applicant:(A) describes the needs-assessment process used for this project;(B) explains the influence of community needs on the site design;(C) provides a detailed description of the public input process (including the timing of public comment opportunity, methods for obtaining and analyzing public comment, and the results/impacts of public comment) (0-5 points); and/or(D) identifies other methods of needs assessment such as staff recommendations or threat of a lost opportunity. (0-5 points)(3) Timeline and Cost (Total Range: 0-5 points). The project proposal includes a detailed timeline and budget that identify, on a step-by-step basis, the waypoints along the continuum of the project's progress from start to finish and all expected project costs associated with the proposed project, correlated chronologically to the timeline and site plan. The department will evaluate proposed projects with respect to this criterion based on the feasibility of the project in the context of the department's understanding of similar projects and the consistency of the submitted budget with that understanding, particularly with respect to acquisition and/or construction costs.(4) Site Design (Total Range: 0-10 points). An application must include a site plan/boundary map that is clear, easy-to-read, and contains all information required by and identified in the funding application. Acquisition-only projects must include plans depicting anticipated future development.(A) Site design takes into consideration the character and special features (including features of natural, cultural, or historical importance) of the site and clearly identifies street names, total acreage, true north arrow, utilities, easements, special features, boundaries of existing parkland, and boundaries of acquisition tracts. (0-5 points)(B) Project maximizes the use of funds for acquisition, recreation and conservation opportunities, determined by dividing the direct acquisition, recreational, and conservation costs by the total construction costs and multiplying the result by 5. (0-5 points)(5) Organizational capacity (Total Range: 0-5 points).(A) The applicant demonstrates to the department's satisfaction that qualified staff and resources are in place to manage the grant from inception to completion, or, alternatively, evidence that the applicant is partnered with an entity to provide staff and/or resources necessary to manage the grant from inception to completion.(B) The applicant demonstrates to the department's satisfaction that resources are in place to properly operate and maintain facilities supported by the grant following completion, or, alternatively, a feasible plan and timeline for obtaining resources to properly operate and maintain the facilities supported by the grant following completion.(6) Geographic Distribution (Total Range: 0-5 points). The project will improve the geographic distribution of park and recreation lands and facilities in the project's service area or within the applicant's jurisdiction.(A) Project provides the first public park in the applicant's jurisdiction or intended service area (5 points); or(B) Project fills a critical parks and recreation gap as identified through research, public input, or other means. (0-3 points).(C) Project is safely accessible to the public via multiple modes of transportation (e.g., walking, biking, public transportation system). (0-2 points).(7) Under-served Populations (Total Range: 0-10 points). The proposed project increases opportunity and improves access to parks and recreation facilities for under-served populations.(A) Project improves opportunities for low-income citizens, defined as the percent of households making less than $35,000 per year, based on economic and demographic data for the service area from the most recent federal census data; or(B) Project improves opportunities for ethnic minority citizens, defined as the percent of a population that does not select "white alone" on the US Census, based on economic and demographic data for the service area from the most recent census data; determined by multiplying the sum of percentage of population qualifying as low-income and percentage of population qualifying as minority by 5.(8) Accessibility (Total Range: 0-5 points). The proposed project provides park and recreation opportunities for physically/mentally challenged citizens that exceed federal and state required accessibility standards.(9) Conservation (Total Range: 0-10 points). The proposed project actively protects or restores sensitive ecosystems and incorporates elements that cultivate support for and awareness of natural and cultural resources.(10) Sustainable Park Design (Total Range: 0-10 points). The applicant demonstrates that the proposed project incorporates sustainable design features and practices.(11) Coordination with Subject Matter Experts. (Total Range: 0-5 points).(A) The applicant demonstrates meaningful input to the proposed project by subject matter experts in natural and cultural resource protection, acquisition, planning, design, and construction.(B) The proposed project reflects consideration and inclusion of best practices in all phases of project development.(12) Outside Partnerships (Total Range: 0-5 points). The extent to which the proposed project involves the contribution of resources from sources other than the applicant to serve as all or part of the applicant's matching share of funds.(A) Current, signed letters of commitment providing detailed descriptions of the nature and value of contributions, including methodologies employed to determine those values. Points shall be awarded on a percentage basis, determined by dividing the total outside contribution value by the total match and multiplying the result by 3. (0-3 points); and/or(B) Applicant demonstrates and documents external support greater than the required match, including overmatch and/or community mobilization. (0-2 points).(13) Past Performance (Total Range: 0-10 points).(A) Applicant is a first-time applicant. (10 points); or(B) Applicant is in full compliance with the conditions of previously-funded and active recreation grants awarded by the department under this subchapter. (10 points); or(C) Applicant is not in compliance with the conditions of previously-funded and active recreation grants awarded by the department under this subchapter but provides credible and feasible action plan and timeline for achieving compliance. (0-10 points). Source Note: The provisions of this §61.136 adopted to be effective September 19, 2019, 44 TexReg 5053. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 61 DESIGN AND CONSTRUCTION E LOCAL PARKS AND RECREATION GRANT PROGRAM §61.136 Small Community Grant Program https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146634&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 146634 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146634&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 146634 03/11/2026 (a) This subchapter applies to all of the wildlife resources of Texas, except as otherwise provided for in this chapter.(b) The provisions of this subchapter that specify seasons and bag limits for game animals and game birds do not apply to special drawn hunts conducted under the provisions of Subchapter H of this chapter (relating to Public Lands Proclamation). Source Note: The provisions of this §65.1 adopted to be effective September 1, 1996, 21 TexReg 5303; amended to be effective July 14, 1997, 22 TexReg 6308; amended to be effective July 10, 2005, 30 TexReg 3997; amended to be effective June 27, 2010, 35 TexReg 5575. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE A STATEWIDE HUNTING PROCLAMATION §65.1 Application https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209831&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 209831 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209831&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 209831 03/11/2026 The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. All other words and terms in this chapter shall have the meanings assigned in the Texas Parks and Wildlife Code.(1) Arrow gun--A device that fires an arrow or bolt solely by the use of unignited compressed gas as the propellant.(2) Air gun--A device that fires a bullet solely by the use of unignited compressed gas as the propellant.(3) Alligator gig--A pole or staff equipped with at least one of the following:(A) immovable prongs;(B) two or more spring-loaded grasping arms; or(C) a detachable head.(4) Alligator hide tag (hide tag)--A department-issued tag required by federal law pursuant to the Convention on International Trade in Endangered Species (CITES) to be affixed to all alligators taken in the state. All alligator hide tags issued by the department are CITES tags.(5) Annual bag limit--The quantity of a species of a wildlife resource that may be taken from September 1 of one year to August 31 of the following year.(6) Antlerless deer--(A) A deer having no antler point protruding through the skin; or(B) a deer that has no antlers.(7) Antler point--A projection that extends at least one inch from the edge of a main beam or another tine. The tip of a main beam is also a point.(8) Bait--Something used to lure any wildlife resource.(9) Baited area--Any area where minerals, vegetative material or any other food substances are placed so as to lure a wildlife resource to, on, or over that area.(10) Bearded hen--A female turkey possessing a clearly visible beard protruding through the feathers of the breast.(11) Buck deer--(A) A deer having an antler point protruding through the skin; or(B) a deer having antler growth in velvet of greater than one inch.(12) Buck pronghorn--A pronghorn with black cheek patches below the ears.(13) Commercial cold storage or processing facility--A cold storage or processing facility as defined in Parks and Wildlife Code, §42.001, that is made available for use by individuals other than the owner, the owner's nonpaying family members, or the owner's nonpaying guests in exchange for a fee or other consideration.(A) A Type 1 commercial cold storage or processing facility is a facility that is a place of business open to the public for the purpose of storing or processing game animals or game birds upon demand on a for-profit basis or in exchange for anything of value.(B) A Type 2 commercial cold storage processing facility is a facility:(i) that is not open to the public on an on-demand basis; and(ii) is utilized to store or process game taken by persons on properties where hunting by individuals in return for pay or other consideration occurs.(14) Daily bag limit--The quantity of a species of a wildlife resource that may be lawfully taken in one day.(15) Day--A 24-hour period of time that begins at midnight and ends at midnight.(16) Deer population data--Results derived from deer population surveys and/or from systematic data analysis of density or herd health indicators, such as browse surveys or other scientifically acceptable data, that function as direct or indirect indicators of population density.(17) Final destination for deer--for a deer carcass or any part of a deer carcass, a final destination is any of the following:(A) the permanent residence of the hunter;(B) the permanent residence of any other person receiving the carcass or part of a carcass; or(C) a Type 1 commercial cold storage or processing facility.(18) Final processing--The cleaning of a dead wildlife resource for cooking or storage purposes. For a deer or pronghorn carcass, the term includes the processing of the animal more than by quartering.(19) Fully automatic firearm--Any firearm that is capable of firing more than one cartridge in succession by a single function of the trigger.(20) Gig--Any hand-held shaft with single or multiple points.(21) Herd unit--A discrete geographical area designated by the department for the purpose of population monitoring and permit issuance with respect to pronghorn.(22) Landowner--Any person who has an ownership interest in a tract of land, and includes a person authorized by the landowner to act on behalf of the landowner as the landowner's agent.(23) Lawful archery equipment--Longbow, recurved bow, compound bow, and crossbow.(24) License year--The period of time for which an annual hunting license is valid.(25) Muzzleloader--Any firearm designed such that the propellant and bullet or projectile can be loaded only through the muzzle.(26) Permanent residence--One's domicile. This does not include a temporary abode or dwelling such as a hunting/fishing club, or any club house, cabin, tent, or trailer house used as a hunting/fishing club, or any hotel, motel, or rooming house used during a hunting, fishing, pleasure, or business trip.(27) Possession limit--The maximum number of a wildlife resource that may be lawfully possessed at one time.(28) Pre-charged pneumatic--An air gun or arrow gun for which the propellant is supplied or introduced by means of a source that is physically separate from the air gun or arrow gun.(29) Pronghorn--A pronghorn antelope (Antilocapra americana).(30) Silencer or sound-suppressing device--Any device that reduces the normal noise level created when the firearm is discharged or fired.(31) Spike-buck deer--A buck deer with no antler having more than one point.(32) Unbranched antler--An antler having no more than one antler point.(33) Unbranched antlered deer--A buck deer having at least one unbranched antler.(34) Upper-limb disability--A permanent loss of the use of fingers, hand or arm in a manner that renders a person incapable of using a longbow, compound bow or recurved bow.(35) Wildlife resources--Alligators, all game animals, and all game birds.(36) Wounded deer--A deer leaving a blood trail. Source Note: The provisions of this §65.3 adopted to be effective September 1, 1996, 21 TexReg 5303; amended to be effective July 14, 1997, 22 TexReg 6308; amended to be effective August 20, 1998, 23 TexReg 8450; amended to be effective July 26, 2001, 26 TexReg 5422; amended to be effective January 2, 2002, 26 TexReg 11005; amended to be effective June 3, 2002, 27 TexReg 4712; amended to be effective July 10, 2003, 28 TexReg 5206; amended to be effective July 11, 2004, 29 TexReg 6330; amended to be effective July 10, 2005, 30 TexReg 3997; amended to be effective September 1, 2006, 31 TexReg 5342; amended to be effective July 18, 2007, 32 TexReg4421; amended to be effective August 23, 2009, 34 TexReg 5701; amended to be effective June 27, 2010, 35 TexReg 5575; amended to be effective September 1, 2013, 38 TexReg 3795; amended to be effective September 1, 2016, 41 TexReg 6052; amended to be effective September 26, 2018, 43 TexReg 6330; amended to be effective September 1, 2020, 45 TexReg 5008; amended to be effective September 1, 2021, 46 TexReg 4168; amended to be effective September 1, 2022, 47 TexReg 4985. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE A STATEWIDE HUNTING PROCLAMATION §65.3 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18946&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18946 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18946&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18946 03/11/2026 (a) No person may import into this state or possess a wildlife resource taken outside this state, unless the person possessing the wildlife resource produces upon demand by a game warden a valid hunting, fishing, or other applicable license, stamp, tag, permit, or document for the state or country in which the wildlife resource was legally taken.(b) A person possessing a wildlife resource under this section must produce upon demand by a game warden a valid driver's license or personal identification certificate.(c) Any person may possess an animal or bird killed outside this state that is listed in this state as threatened or endangered, provided the person possesses proof that the animal or bird was lawfully killed. Source Note: The provisions of this §65.5 adopted to be effective September 1, 1996, 21 TexReg 5303; amended to be effective July 14, 1997, 22 TexReg 6308. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE A STATEWIDE HUNTING PROCLAMATION §65.5 Importation of Wildlife https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225813&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 225813 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225813&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 225813 03/11/2026 (a) The provisions of this subsection apply only to a person who has acquired a physical license purchased through an automated point-of-sale system and do not apply to a person who has acquired a digital license identified in §53.18 of this title (relating to Digital Products). (1) A person who kills a white-tailed deer shall complete, in ink, the harvest log on the back of the hunting license immediately upon kill.(2) Completion of the harvest log is not required for deer taken:(A) under the provisions of §65.29 of this title (relating to Managed Lands Deer Program (MLDP));(B) by special permit under the provisions of Subchapter H of this chapter (relating to Public Hunting Proclamation) on department lands;(C) on department-leased lands under the provisions of Parks and Wildlife Code, §11.0272; or(D) by special antlerless permit issued by the U.S. Forest Service (USFS) for use on USFS lands that are part of the department's public hunting program.(b) The provisions of this subsection apply to any person in possession of a license lawfully purchased by any means other than through an automated point-of-sale system.(1) A person who takes a white-tailed deer, mule deer, Rio Grande turkey, or Eastern turkey shall complete, in ink, the harvest log on the back of the hunting or fishing license, as applicable, immediately upon kill.(2) Completion of the harvest log is not required for deer taken under the provisions of subsection (a)(2) of this section. Source Note: The provisions of this §65.7 adopted to be effective June 3, 2002, 27 TexReg 4712; amended to be effective October 7, 2002, 27 TexReg 9380; amended to be effective July 11, 2004, 29 TexReg 6341; amended to be effective September 1, 2012, 37 TexReg 5478; amended to be effective September 1, 2016, 41 TexReg 6052; amended to be effective July 9, 2017, 42 TexReg 3397; amended to be effective January 18, 2022, 47 TexReg 96; amended to be effective August 15, 2023, 48 TexReg 4121; amended to be effective September 1, 2025, 50 TexReg 4952. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE A STATEWIDE HUNTING PROCLAMATION §65.7 Harvest Log https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225814&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 225814 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225814&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 225814 03/11/2026 (a) Except for lifetime hunting licenses and lifetime resident super combination hunting and "all water" fishing packages, the tagging requirements of Parks and Wildlife Code, §§42.018, 42.0185, 42.020, and 46.0086 do not apply to any person in lawful possession of a license that was sold by the department without tags for white-tailed deer, mule deer, or turkey.(b) Except for lifetime hunting licenses and lifetime resident super combination hunting and "all water" fishing packages, the requirements of this subchapter that require the attachment of license tags to wildlife resources do not apply to any person in lawful possession of a license that was sold by the department without tags for white-tailed deer, mule deer, or turkey. A properly executed wildlife resource document must accompany any white-tailed deer, mule deer, or turkey until the provisions of this title and Parks and Wildlife Code governing the possession of the particular wildlife resource cease to apply.(c) The provisions of this section do not exempt any person from any provision of this subchapter that requires or prescribes the use of a wildlife resource document.(d) This section does not apply to the digital products identified in §53.18 of this title (relating to Digital Products). Source Note: The provisions of this §65.8 adopted to be effective October 7, 2002, 27 TexReg 9380; amended to be effective September 1, 2012, 37 TexReg 5478; amended to be effective July 15, 2014, 39 TexReg 5417; amended to be effective January 18, 2022, 47 TexReg 96; amended to be effective August 15, 2023, 48 TexReg 4121; amended to be effective September 1, 2025, 50 TexReg 4952. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE A STATEWIDE HUNTING PROCLAMATION §65.8 Alternative Licensing System https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184807&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 184807 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184807&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 184807 03/11/2026 (a) Except as provided under Parks and Wildlife Code, §62.003, no person may hunt a wild animal or bird when the person is on a public road or right-of-way.(b) No antlerless deer permit is required to take an antlerless white-tailed deer during the archery-only open season, except on lands enrolled in the Managed Lands Deer Program.(c) The hunting of roosting turkey is unlawful. Source Note: The provisions of this §65.9 adopted to be effective September 1, 1996, 21 TexReg 5303; amended to be effective July 14, 1997, 22 TexReg 6308; amended to be effective August 20, 1998, 23 TexReg 8450; amended to be effective June 30, 2002, 27 TexReg 5523; amended to be effective July 18, 2007, 32 TexReg 4421; amended to be effective August 31, 2008, 33 TexReg 6930; amended to be effective September 1, 2016, 41 TexReg 6052; amended to be effective July 9, 2017, 42 TexReg 3397. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE A STATEWIDE HUNTING PROCLAMATION §65.9 Open Seasons: General Rules https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225815&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 225815 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225815&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 225815 03/11/2026 (a) For all wildlife resources taken for which there is a possession limit, the possession limit shall not apply after the wildlife resource has reached the possessor's permanent residence and is finally processed.(b) Under authority of Parks and Wildlife Code, §42.0177, the tagging requirements of Parks and Wildlife Code, §42.018, are modified as follows. (1) At a final destination other than a cold storage or processing facility required to maintain a cold storage record book under the provisions of this subchapter, tagging requirements for a carcass cease when the forequarters, hindquarters, and back straps have been completely severed from the carcass.(2) At a Type 1 commercial cold storage or processing facility, tagging requirements for a carcass cease when:(A) the information required by Parks and Wildlife Code, §62.029, has been entered into the cold storage record book; and(B) for each carcass entered into the cold storage record book, the harvest location required to be indicated on a tag or WRD (the county where the deer was harvested and the name of the ranch or property where the deer was harvested) has been recorded by the proprietor or agent of the facility.(C) The information required by subparagraph (B) of this paragraph may be combined with or appended to the information required to be entered into the cold storage record book or may be maintained separately.(D) After being detached from a carcass, a tag or WRD, as applicable, shall be retained at the premises of the cold storage or processing facility for as long as the carcass or any part of the carcass remains in the possession of the cold storage or processing facility.(3) At a Type 2 commercial cold storage or processing facility tagging requirements for a carcass cease when:(A) the forequarters, hindquarters, and back straps have been completely severed from the carcass; and(B) the information required under Parks and Wildlife Code, §62.029, has been entered into the cold storage record book that the cold storage or processing facility is required to maintain. (C) After the information required under Parks and Wildlife Code, §62.029, has been entered into the cold storage record book, a carcass may be taken beyond quarters.(4) At a private noncommercial cold storage processing facility as defined in Parks and Wildlife Code, §62.029, where a cold storage record book is maintained, carcass tagging and proof-of-sex requirements cease and the carcass may be taken beyond quarters when the required information has been entered in the cold storage record book.(5) Except as provided in paragraph (3) of this subsection, the tagging requirements for deer and turkey taken under a digital license issued under the provisions of §53.18 of this title (relating to Digital Products) are prescribed in subsection (e) of this section. (6) A person who has purchased a digital license identified in §53.4 of this title and selected the fulfilment of physical tags must comply with the tagging requirements of Parks and Wildlife Code, Chapter 42, and this chapter that are applicable to the tagging of deer and turkey under a license that is not a digital license.(c) A person who lawfully takes a deer is exempt from the tagging requirements of Parks and Wildlife Code, §42.018 if the deer is taken:(1) under the provisions of §65.29 of this title (relating to Managed Lands Deer Program (MLDP);(2) under an antlerless mule deer permit issued under §65.32 of this title (relating to Antlerless Mule Deer Permit);(3) by special permit under the provisions of Subchapter H of this chapter (relating to Public Hunting Proclamation);(4) on department-leased lands under the provisions of Parks and Wildlife Code, §11.0271; or(5) by special antlerless permit issued by the U.S. Forest Service (USFS) for use on USFS lands that are part of the department's public hunting program.(d) A person who kills a bird or animal under circumstances that require the bird or animal to be tagged with a tag from the person's hunting license shall immediately attach a properly executed tag to the bird or animal.(e) A person who lawfully kills a deer or turkey under the digital version of a license identified in §53.18 of this title is exempt from any requirement of Parks and Wildlife Code or this subchapter regarding the use or possession of physical license tags for those species; however, that person shall ensure that immediately upon take a harvest report is created and submitted via a mobile or web application provided by the department for that purpose. (1) Upon receipt of a confirmation number sent by the department in response to the harvest report required by this subsection, the person who took the deer or turkey is responsible for ensuring that the confirmation number is legibly reproduced on a reasonably durable media, which shall immediately be attached to the carcass of the deer or turkey. The confirmation number shall remain attached to the carcass until the applicable requirements of subsection (b) of this section have been satisfied.(2) If the absence of network data connectivity prevents the receipt of a confirmation number from the department following the report required by this subsection, the person who took the deer or turkey is responsible for the preparation of a hunter's document which shall immediately be attached to the carcass of the deer or turkey and remain attached to the carcass until the harvest report required by this subsection is uploaded to the department. The hunter's document shall be made of reasonably durable media and shall contain:(A) the first and last name of the person who took the deer or turkey;(B) the customer number of the license of the person who took the deer or turkey; and(C) the date and time the deer or turkey was taken.(D) A person who documents the take of a deer or turkey under the provisions of this paragraph shall ensure that the harvest report required by this subsection is uploaded to the department immediately upon the availability of network connectivity, at which time the hunter's document may be replaced with documentation meeting the requirements of paragraph (1) of this subsection, which shall remain attached to the carcass of the deer or turkey until the applicable requirements of subsection (b) of this section have been satisfied.(3) It is an offense for any person to hunt deer or turkey under a digital license or digital tagging option without being in immediate physical possession of an electronic device that is:(A) loaded with the mobile or web application designated by the department for harvest reporting under this subsection; and(B) capable of uploading the harvest report required by this subsection.(f) Proof of sex for deer and pronghorn must remain with the carcass until tagging requirements cease.(1) Proof of sex for deer consists of:(A) buck:(i) the head, with antlers still attached; or(ii) the tail and unskinned skull cap with antlers attached; and(B) antlerless:(i) the head; or(ii) if the deer is female: the mammary organ (udder) or vulva, and tail.(2) Proof of sex for pronghorn consists of the unskinned head.(g) During a season in which the bag composition for turkey is restricted to gobblers only or gobblers and bearded hens, proof of sex must remain with a harvested turkey (attached or detached from the bird) until it reaches either the possessor's permanent residence or a cold storage/processing facility and is finally processed. Proof of sex for turkey is as follows:(1) gobbler (male turkey):(A) one leg, including the spur; or(B) a patch of skin with breast feathers and beard attached.(2) bearded hen (female turkey): a patch of skin with breast feathers and beard attached.(h) Proof of sex for pheasant consists of: one leg, including the spur, attached to the bird or the entire plumage attached to the bird.(i) No additional proof of sex is required for a deer that is lawfully tagged in accordance with:(1) the provisions of §65.29 of this title;(2) the provisions of §65.32 of this title; or(3) on department-leased lands under the provisions of Parks and Wildlife Code, §11.0271.(j) In lieu of proof of sex, the person who killed the wildlife resource may:(1) obtain a receipt from a taxidermist or a signed statement from the landowner, containing the following information:(A) the name of person who killed the wildlife resource;(B) the date the wildlife resource was killed;(C) one of the following, as applicable:(i) whether the deer was antlered or antlerless;(ii) the sex of the pronghorn;(iii) the sex of the turkey and whether a beard was attached; or(iv) the sex of the pheasant; or(2) if the deer is to be tested by the department for chronic wasting disease, obtain a department-issued receipt (PWD 905).(k) A person may give, leave, receive, or possess any species of legally taken wildlife resource, or a part of the resource, that is required to have a tag or permit attached or is protected by a bag or possession limit, if the wildlife resource is accompanied by a wildlife resource document from the person who killed or caught the wildlife resource. A wildlife resource may be possessed without a WRD by the person who took the wildlife resource, provided the person is in compliance with all other applicable provisions of this subchapter and the Parks and Wildlife Code.(1) For deer and pronghorn, a properly executed wildlife resource document shall accompany the carcass or part of a carcass until tagging requirements cease.(2) For turkey, a properly executed wildlife resource document shall accompany the wildlife resource until it reaches the possessor's permanent residence or a cold storage/processing facility and is finally processed.(3) For all other wildlife resources, a properly executed wildlife resource document shall accompany the wildlife resource until it reaches the possessor's permanent residence and is finally processed.(4) The wildlife resource document must contain the following information:(A) the name, signature, address, and hunting license number, as required, of the person who killed or caught the wildlife resource;(B) the name of the person receiving the wildlife resource; (C) a description of the wildlife resource (number and type of species or parts);(D) the date the wildlife resource was killed or caught; and(E) the location where the wildlife resource was killed or caught (name of ranch; area; county).(5) A taxidermist who accepts a deer or turkey shall retain the wildlife resource document or tag accompanying each deer or turkey for a period of two years following the return of the resource to the owner or the sale of the resource under the provisions of Parks and Wildlife Code, §62.023.(l) It is a defense to prosecution if the person receiving the wildlife resource does not exceed any possession limit or possesses a wildlife resource or a part of a wildlife resource that is required to be tagged if the wildlife resource or part of the wildlife resource is tagged.(m) The identification requirements for desert bighorn sheep skulls are as follows.(1) No person may possess the skull of a desert bighorn ram in this state unless:(A) one horn has been marked with a department identification plug by a department representative; or(B) the person also possesses evidence of lawful take in the state or country where the ram was killed.(2) A person may possess the skull and horns of a desert bighorn ram found dead in the wild, provided:(A) the person did not cause or participate in the death of the ram; and(B) the person notifies a department biologist or game warden within 48 hours of discovering the dead ram and arranges for marking with a department identification plug by a department representative. (3) Individual horns may be possessed without any identification or documentation.(4) This subsection does not apply to skulls possessed prior to July 11, 2004. Source Note: The provisions of this §65.10 adopted to be effective September 1, 1996, 21 TexReg 5303; amended to be effective August 20, 1998, 23 TexReg 8450; amended to be effective July 26, 2001, 26 TexReg 5422; amended to be effective June 3, 2002, 27 TexReg 4712; amended to be effective July 10, 2003, 28 TexReg 5206; amended to be effective July 11, 2004, 29 TexReg 6341; amended to be effective July 10, 2005, 30 TexReg 3997; amended to be effective July 18, 2007, 32 TexReg 4421; amended to be effective August 31, 2008, 33 TexReg 6930; amended to be effective August 10, 2009, 34 TexReg 5404; amended to be effectiveJune27, 2010, 35 TexReg 5575; amended to be effective July 15, 2014, 39 TexReg 5417; amended to be effective September 1, 2016, 41 TexReg 6052; amended to be effective July 9, 2017, 42 TexReg 3397; amended to be effective September 1, 2019, 44 TexReg 4050; amended to be effective January 18, 2022, 47 TexReg 96; amended to be effective September 1, 2022, 47 TexReg 4985; amended to be effective August 15, 2023, 48 TexReg 4121; amended to be effective August 11, 2024, 49 TexReg 6000; amended to be effective September 1, 2025, 50 TexReg 4952. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE A STATEWIDE HUNTING PROCLAMATION §65.10 Possession of Wildlife Resources https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220193&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 220193 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220193&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 220193 03/11/2026 It is unlawful to hunt alligators, game animals or game birds except by the means authorized by this section, and as provided in §65.19of this title (relating to Hunting Deer with Dogs).(1) Firearms.(A) Except as may be specifically restricted elsewhere in this chapter, it is lawful to hunt alligators, game animals, and game birds with any legal firearm (including a muzzleloader).(B) It is lawful to hunt by means of a legal firearm equipped with a silencer; however, nothing in this paragraph shall be construed to relieve any person of compliance with any other federal, state, or local laws governing the possession or use of firearm silencers.(C) Special muzzleloader-only deer seasons are restricted to muzzleloading firearms only.(D) It is unlawful to use rimfire ammunition to hunt alligator, deer, antelope, or desert bighorn sheep.(E) It is unlawful to hunt alligators, game animals, or game birds with a fully automatic firearm.(F) In Angelina, Brazoria, Calhoun, Chambers, Galveston, Hardin, Jackson, Jasper, Jefferson, Liberty, Matagorda, Nacogdoches, Newton, Orange, Polk, Refugio, Sabine, San Augustine, San Jacinto, Trinity, Tyler and Victoria counties, alligators may not be hunted by means of firearms. In all other counties, alligators may by hunted by means of firearms on private property, including private waters, but may not be hunted by means of firearms from, on, in, across, or over public water.(G) Alligators lawfully caught on a taking device may be dispatched by means of firearms in all counties.(2) Archery.(A) Except as provided in paragraph (3) of this section, a person may hunt by means of lawful archery equipment during any open season; however, no person shall hunt deer by lawful archery equipment during a special muzzleloader-only deer season.(B) Arrows that are treated with poisons or drugs, or that contain explosives are not lawful devices for hunting any species of wildlife resource in this state.(C) While hunting turkey and all game animals other than squirrels by means of lawful archery equipment, the arrow or bolt must be equipped with a broadhead hunting point.(D) Lawful archery equipment is the only lawful means that may be used during archery-only seasons, except as provided in paragraph (3) of this section.(3) Crossbow--Special Provisions.(A) In Collin, Dallas, Grayson, and Rockwall counties:(i) no person may use a crossbow to hunt deer during the archery-only season unless the person has an upper-limb disability and has in immediate possession a physician's statement that certifies the extent of the disability; and(ii) any person may hunt deer by means of crossbow during the general open season and the requirements of clause (i) of this subparagraph do not apply.(B) When hunting turkey and all game animals other than squirrels by means of crossbow(i) the crossbow must have a mechanical safety; and(ii) the bolt must conform with paragraph (2)(B) and (C) of this section.(4) Air guns. Except as otherwise specifically provided elsewhere in this chapter, it is lawful to hunt alligators, game animals, and non-migratory game birds with an air gun; provided:(A) when used to hunt alligator, deer, pronghorn, bighorn sheep, javelina, or turkey, the air gun:(i) is a pre-charged pneumatic; and(ii) fires a projectile of at least .30 caliber in diameter; and(iii) fires a bullet of least 150 grains in weight at a minimum muzzle velocity of 800 feet per second or any combination of bullet weight and muzzle velocity that produces a muzzle energy of at least 215 foot-pounds.(B) when used to hunt squirrel, pheasant, quail, or chachalaca, the air gun fires a projectile of at least .177 caliber (4.5mm) in diameter producing a muzzle velocity of at least 600 feet per second.(C) In Angelina, Brazoria, Calhoun, Chambers, Galveston, Hardin, Jackson, Jasper, Jefferson, Liberty, Matagorda, Nacogdoches, Newton, Orange, Polk, Refugio, Sabine, San Augustine, San Jacinto, Trinity, Tyler and Victoria counties, alligators may not be hunted by means of air guns. In all other counties, alligators may be hunted by means of air guns on private property, including private waters, but may not be hunted by means of air guns from, on, in, across, or over public water.(D) Alligators lawfully caught on a taking device may be dispatched by means of air guns in all counties.(E) No person whose date of birth is after September 1, 1971 may hunt a wildlife resource by means of an air gun unless that person has successfully completed a department-approved hunter education course or is otherwise in compliance with the applicable requirements of §51.80 of this title (relating to Hunter Education Course and Instructors).(5) Arrow guns. It is lawful to use an arrow gun to take:(A) alligators in the counties not listed in subparagraph (D) of this paragraph; however, the provisions of paragraph (7) of this section apply; and(B) game animals and upland game birds; however, the arrow must conform with paragraph (2)(B) and (C) of this section.(C) An arrow gun that is not a pre-charged pneumatic is unlawful.(D) In Angelina, Brazoria, Calhoun, Chambers, Galveston, Hardin, Jackson, Jasper, Jefferson, Liberty, Matagorda, Nacogdoches, Newton, Orange, Polk, Refugio, Sabine, San Augustine, San Jacinto, Trinity, Tyler and Victoria counties, alligators may not be hunted by means of arrow guns. In all other counties, alligators may be hunted by means of arrow guns on private property, including private waters, but may not be hunted by means of arrow guns from, on, in, across, or over public water.(E) Alligators lawfully caught on a taking device may be dispatched by means of arrow guns in all counties.(F) No person whose date of birth is after September 1, 1971 may hunt a wildlife resource by means of an arrow gun unless that person has successfully completed a department-approved hunter education course or is otherwise in compliance with the applicable requirements of §51.80 of this title (relating to Hunter Education Course and Instructors).(6) Falconry. It is lawful to hunt any game bird or game animal by means of falconry under the provisions of Subchapter K of this chapter (relating to Raptor Proclamation).(7) Alligator.(A) Legal devices for taking alligators in the wild are as follows:(i) hook and line (line set);(ii) alligator gig;(iii) longbow, recurved bow, or compound bow using a barbed arrow;(iv) hand-held snare with integral locking mechanism; and(v) lawful firearms, air guns, and arrow guns in counties where take by firearm, air gun, or arrow gun is allowed.(B) A line of at least 300-pound test shall be securely attached to all taking devices other than firearms, air guns or arrow guns used to hunt alligators. Except as provided in this subsection, hook-bearing lines must be attached to a stationary object capable of maintaining a portion of the line above water when an alligator is caught on the line. A line attached to an arrow, snare, or gig must have a float attached when used to take alligators. The float shall be no less than six inches by six inches by eight inches, or, if the float is spherical, no less than eight inches in diameter.(C) Line-set provisions.(i) Hook-bearing lines may not be set prior to the general open season and shall be removed no later than sunset of the last day of the open season.(ii) From sunset to one-half hour before sunrise:(I) no person shall use any taking device other than line sets to hunt alligators; and(II) no person shall set any baited line capable of taking an alligator and no person shall remove alligators from line sets.(iii) On a property for which the department has issued hide tags, no person shall set more than one line per unused hide tag in possession.(iv) On a property that is not in a county listed in paragraph (1)(E) of this section and for which the department has not issued hide tags, no person shall set more than one line.(v) Line sets shall be inspected daily, and alligators shall be killed, tagged or documented, and removed immediately upon discovery.(vi) All line sets on properties for which hide tags have been issued shall be secured at one end on the tract of land specified for the hide tags. All other line sets shall be secured at one end on private property.(vii) Each baited line shall be labeled with a plainly visible, permanent, and legibly marked gear tag that contains:(I) the full name and current address of the person who set the line;(II) the hunting license number of the person who set the line; and(III) a valid hide tag number, if the line is set on a property for which hide tags have been issued.(8) Use of laser sighting devices. All provisions concerning hunter education requirements apply to persons hunting with laser sighting devices under this paragraph.(A) Use of laser sighting devices by persons who are legally blind.(i) A person who is legally blind may use a laser sighting device to hunt game animals and game birds during lawful hunting hours in open seasons, provided the person is assisted by a person who:(I) is not legally blind;(II) has a hunting license; and(III) is at least 13 years of age.(ii) A person who uses a laser sighting device under the provisions of this subparagraph must have in possession a signed statement from a physician or optometrist to the effect that the person is legally blind by the standard of Government Code, §62.104, and must present the statement to any peace officer or department employee acting within the scope of official duties.(B) Use of laser sighting devices by persons who are physically disabled.(i) A person with a physical disability may use a laser sighting device during lawful hunting hours in open seasons when assisted by a person who:(I) is not legally blind or a person with a physical disability that renders the person incapable of using a traditional sighting device;(II) has a hunting license; and(III) is at least 13 years of age.(ii) A person who uses a laser sighting device under the provisions of this subparagraph must have in possession a signed statement from a physician or optometrist certifying that the person is incapable of using a traditional sighting device.(9) Special Provisions.(A) Desert bighorn sheep. Except as provided in this paragraph, no motorized conveyance of any type shall be used to herd or harass desert bighorn sheep.(B) Hunting by remote control. It is an offense for any person to hunt a wildlife resource by the means listed in this section if that person is not physically present and personally operating the means of take at the location where the hunting occurs during the time that the hunting occurs. Source Note: The provisions of this §65.11 adopted to be effective July 14, 1997, 22 TexReg 6308; amended to be effective August 20, 1998, 23 TexReg 8450; amended to be effective June 29, 1999, 24 TexReg 4826; amended to be effective July 13, 2000, 25 TexReg 6545; amended to be effective July 26, 2001, 26 TexReg 5422; amended to be effective April 28, 2005, 30 TexReg 2399; amended to be effective September 1, 2006, 31 TexReg 5342; amended to be effective September 27, 2007, 32 TexReg 6560; amended to be effective August 31, 2008, 33 TexReg 6930; amended to be effective October 1, 2009, 34 TexReg 6657; amended to be effective September 1, 2012,37 TexReg 5478; amended to be effective July 15, 2014, 39 TexReg 5417; amended to be effective September 26, 2018, 43 TexReg 6330; amended to be effective September 1, 2021, 46 TexReg 4168; amended to be effective August 11, 2024, 49 TexReg 6000. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE A STATEWIDE HUNTING PROCLAMATION §65.11 Lawful Means https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205546&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 205546 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205546&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 205546 03/11/2026 (a) For the purposes of this section:(1) 'actual possession of a dog' means the physical control of a dog;(2) 'constructive possession of a dog' means having the power and intention to have and control a dog but without direct control of the dog, the actual presence of physical restraint upon the dog, or the actual presence of the dog at exactly the same place as the person having the dog.(b) It is unlawful to use a dog or dogs in hunting, pursuing, or taking deer in all counties.(c) It is lawful to use not more than two dogs in trailing a wounded deer in all counties; however, in Jasper, Newton, Sabine, and San Augustine counties, a person using a dog to trail a wounded deer shall leash the dog and keep the dog on the leash and held by a person at all times the dog is used to trail a wounded deer.(d) In Angelina, Hardin, Jasper, Nacogdoches, Newton, Orange, Sabine, San Augustine, Shelby, and Tyler counties, it is an offense for any person, during an open deer season, to be on property that the person does not own while:(1) in possession of a shotgun and buckshot or a slug; and(2) in actual or constructive possession of a dog or dogs.(e) The penalties for a violation of this section are prescribed by Parks and Wildlife Code, §62.013. Source Note: The provisions of this §65.19 adopted to be effective September 1, 1996, 21 TexReg 5303; amended to be effective June 3, 2002, 27 TexReg 4712; amended to be effective July 10, 2005, 30 TexReg 3997; amended to be effective October 18, 2005, 30 TexReg 6768; amended to be effective October 15, 2013, 38 TexReg 7114; amended to be effective September 1, 2021, 46 TexReg 4168. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE A STATEWIDE HUNTING PROCLAMATION §65.19 Hunting Deer with Dogs https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220194&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 220194 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220194&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 220194 03/11/2026 (a) Except as specifically provided in this subchapter, permits and tags issued under the provisions of this subchapter shall be issued only to the landowner. Multiple landowners may combine multiple tracts of land to create an aggregate acreage for issuance of pronghorn or antlerless mule deer permits; however, tracts of land aggregated for purposes of antlerless mule deer permit issuance must be contiguous.(b) Except as provided in §65.29 of this title (relating to Managed Lands Deer Program or §65.30 of this title (relating to Pronghorn Permits), no person may hunt white-tailed deer, mule deer, desert bighorn sheep, or pronghorn when a permit or tag is required unless that person has received from the landowner and has in possession a valid permit or tag issued by the department.(c) When a permit or tag is required to hunt or possess the wildlife resources listed in subsection (b) of this section, it is unlawful to:(1) use a permit or tag more than once;(2) use a permit or tag on a tract of land other than the tract for which the permit or tag was issued;(3) falsify or fail to fully complete any information required by a permit or tag application; or(4) possess the wildlife resource without attaching a valid, properly executed permit or tag, except as may be otherwise provided in this subchapter, which shall remain attached until the wildlife resource reaches its final destination.(d) All applications for issuance of pronghorn permits or antlerless mule deer permits shall be submitted electronically via a department system designated for that purpose on or before the deadline specified in this subsection. The deadline for submission of applications for:(1) pronghorn permits is July 1; and(2) antlerless mule deer permits is September 1.(e) A landowner to whom a pronghorn or antlerless mule deer permit is issued shall maintain a legible daily harvest log on a tract of land for which the permit is issued.(1) The daily harvest log shall be on a form provided or approved by the department and shall be maintained by the landowner until the last day of permit validity.(2) A person who kills a pronghorn or antlerless mule deer that is required by a provision of this subchapter to be tagged shall, on the same day that the pronghorn or antlerless mule deer is killed, legibly enter the required information in the daily harvest log.(A) The daily harvest log shall contain the following information for each pronghorn or antlerless mule deer killed on the enrolled tract of land:(i) the name and customer or driver's license number of the person who killed the pronghorn or antlerless mule deer;(ii) the date the pronghorn or antlerless mule deer was killed;(iii) the location where the pronghorn or antlerless mule deer was killed; and(iv) the pronghorn or antlerless mule deer permit number of the permit affixed to the pronghorn or antlerless mule deer, as appropriate.(B) The daily harvest log shall be made available to any department employee acting in the performance of official duties upon request.(f) A person to whom the department has issued pronghorn or antlerless mule deer permits shall submit a harvest report electronically via a department system designated for that purpose.(1) For pronghorn, the harvest report shall be submitted by no later than October 31 of the year of permit issuance. The report shall contain the number of buck and/or doe pronghorn killed in addition to any other information required by the department.(2) For antlerless mule deer, the harvest report shall be submitted by no later than January 15 of the year following the year of permit issuance. The report shall contain the number of antlerless mule deer killed in addition to any other information required by the department.(g) No state-issued permit is required to hunt antlerless white-tailed deer on a National Wildlife Refuge. Source Note: The provisions of this §65.24 adopted to be effective September 1, 1996, 21 TexReg 5303; amended to be effective July 14, 1997, 22 TexReg 6308; amended to be effective August 20, 1998, 23 TexReg 8450; amended to be effective July 10, 2005, 30 TexReg 3997; amended to be effective September 1, 2006, 31 TexReg 5342; amended to be effective September 1, 2016, 41 TexReg 6052; amended to be effective July 9, 2017, 42 TexReg 3397; amended to be effective September 1, 2020, 45 TexReg 5008; amended to be effective August 11, 2024, 49 TexReg 6000. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE A STATEWIDE HUNTING PROCLAMATION §65.24 Permits https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184810&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 184810 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184810&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 184810 03/11/2026 (a) Deer.(1) An approved WMP, specifying a harvest quota for antlerless deer or both buck and antlerless deer, is required for participation in the Conservation Option of the Managed Lands Deer Program under the provisions of §65.29 of this title (relating to Managed Lands Deer Program.(2) A WMP is not valid unless it is:(A) consistent with Parks and Wildlife Code, §61.053 and §61.056; and(B) signed by a Wildlife Division biologist or technician. A WMP is valid for one year following the date of such signature.(b) Javelina.(1) An approved WMP, specifying an annual harvest quota for javelina, is required for the issuance of an annual harvest quota for javelina on a property. The WMP shall include:(A) javelina population data for both the current year and the immediately preceding year;(B) javelina harvest data from the immediately preceding year; and(C) at least two recommended habitat management practices. Recommended habitat management practices already being performed under an existing department-approved WMP may be used to satisfy the requirements of this subparagraph on a one-for-one basis.(2) A WMP is not valid unless it is:(A) consistent with Parks and Wildlife Code, §61.053; and(B) signed by a Wildlife Division biologist or technician authorized to approve management plans. A WMP is valid for one year following the date of such signature.(3) The landowner agrees, by signing the WMP, to perform data collection for the purposes of meeting the requirements of paragraph (1) of this subsection.(4) The department may refuse to approve a WMP if the landowner has not complied with the provisions of this subsection.(5) No person may possess a javelina harvested under a quota issued under this section anywhere other than the property on which the javelina was harvested unless that person also possesses a completed, department-supplied affidavit signed by the landowner of the property where the person harvested the javelina.(6) Each javelina harvested on a property for which the department has issued a quota under this subsection shall be recorded in a harvest log. The harvest log shall contain the name of each person who killed a javelina, the date, and the number of javelina the person killed. The harvest log shall be maintained on the property, shall be kept current, and shall be made available for inspection at the request of a department employee acting within the scope of official duties. Source Note: The provisions of this §65.25 adopted to be effective July 26, 2000, 25 TexReg 6773; amended to be effective July 10, 2003, 28 TexReg 5206; amended to be effective July 10, 2005, 30 TexReg 3997; amended to be effective July 18, 2007, 32 TexReg 4421; amended to be effective September 1, 2012, 37 TexReg 5478; amended to be effective September 1, 2016, 41 TexReg 6052; amended to be effective July 9, 2017, 42 TexReg 3397. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE A STATEWIDE HUNTING PROCLAMATION §65.25 Wildlife Management Plan (WMP) https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225816&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 225816 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225816&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 225816 03/11/2026 (a) Definitions. The following words and terms shall have the following meanings, unless the context clearly indicates otherwise. All other words and terms in this section shall have the meanings assigned in the Texas Parks and Wildlife Code.(1) Aggregate acreage--Contiguous tracts of land, to, from, and between which deer have complete and unrestricted access, combined by multiple landowners to create an area of land for the purpose of enrollment in the MLDP.(2) Deer management unit (DMU)--An area of the state designated by the department on the basis of shared characteristics such as soil types, vegetation types, precipitation, land use practices, and deer densities.(3) Landowner--Any person who has an ownership interest in a tract of land.(4) Management unit--A tract of land or a specific portion of a tract of land enrolled in the MLDP for which the department shall specify a harvest quota and tag issuance.(5) MLDP--The Managed Lands Deer Program established by this subchapter, which consists of:(A) the Harvest Option (HO) set forth in subsection (c)(1) of this section; and(B) the Conservation Option (CO) set forth in subsections (c)(2) and (d) of this section.(6) MLDP tag--A tag issued by the department to a participant in any option under this section.(7) Program participant--A landowner or a landowner's authorized agent who is enrolled in the MLDP.(8) Unbranched antlered deer--A buck deer having at least one antler with no more than one antler point.(9) Wildlife Management Associations and Cooperatives--A group of landowners who have mutually agreed in writing to act collectively to improve wildlife habitat and populations on their tracts of land.(10) Wildlife Management Plan (WMP)--A written document on a form furnished or approved by the department that addresses habitat and population and management recommendations, associated data, and data collection methodologies.(b) General Provisions.(1) A landowner and the landowner's tract(s) of land are enrolled:(A) in the Harvest Option (HO) set forth in subsection (c)(1) of this section, when an application has been approved by the department; or(B) in the Conservation Option (CO) set forth in subsection (c)(2) or (d) of this section, when the department has approved:(i) an application; and(ii) the WMP required by subsection (c)(2) of this section.(C) An enrollment is not valid unless the applicant has remitted the fees prescribed by §53.5 of this title (relating to Recreational Hunting Licenses, Stamps, and Tags) to the department on or before the Friday immediately preceding the Saturday closest to September 30 of the year for which program participation is sought.(2) A landowner may appoint a person to act as the landowner's authorized agent for purposes of program participation. The authorization must be on a form approved by the department.(3) MLDP tags are issued to a program participant.(4) If MLDP tags are issued under the provisions of subsection (c)(1)(B) or (2)(H)(ii) of this section, the tags are valid on any tract of land within the aggregate acreage enrolled in the MLDP; otherwise, tags are valid only on the specific enrolled tract of land for which they are issued.(5) On an enrolled tract of land there is no personal or annual bag limit for the type of deer (buck, unbranched antlered, or antlerless) for which MLDP tags have been issued and the provisions of §65.42(b)(6) of this title (relating to Deer), §65.42(b)(7) of this title, and the stamp requirement of Parks and Wildlife Code, Chapter 43, Subchapter I (relating to Archery Stamps), do not apply.(6) A person who kills a deer on an enrolled tract of land must immediately tag the deer with a MLDP tag valid for the species (white-tailed deer or mule deer) and type of deer (buck, unbranched antlered, antlerless) harvested. A person who kills a deer and immediately takes the carcass to a location on the enrolled tract of land where a valid MLDP tag provided by the program participant is immediately attached shall be considered to have complied with the immediate tagging requirement. The MLDP tag shall remain attached to the carcass until the carcass reaches a final destination. Notwithstanding any other provision of this section, it is unlawful for any person to:(A) attach a mule deer tag to a white-tailed deer or vice versa;(B) attach an unbranched antlered MLDP tag or antlerless MLDP tag to a buck deer having more than one point on both antlers;(C) tag an unbranched antlered deer with an antlerless MLDP tag;(D) tag an antlerless deer with any tag other than an antlerless MLDP tag;(E) use an MLDP tag or tag number more than once; or(F) use an MLDP tag on a tract of land other than the tract for which the tag was issued.(7) A program participant shall maintain a legible daily harvest log.(A) For tracts of land enrolled under the provisions of subsection (c)(1)(B) or (2)(H)(ii) of this section, the daily log must be maintained on the aggregate acreage enrolled in the MLDP; otherwise, the daily harvest log must be maintained on the specific enrolled tract for which tags are issued.(B) The daily harvest log shall be on a form provided or approved by the department and shall be maintained by the program participant until the last day of tag validity.(C) A person who kills a deer that is required to be tagged under the provisions of this section must, on the same day that the deer is killed, legibly enter the required information in the daily harvest log.(D) The daily harvest log shall contain the following information for each deer killed on the enrolled tract of land:(i) the name and hunting license or driver's license number of the person who killed the deer;(ii) the date the deer was killed;(iii) the species (white-tailed or mule deer) and type of deer killed (buck, unbranched antlered, or antlerless); and(iv) the tag number of the MLDP tag affixed to the deer.(E) The daily harvest log shall be made available to any department employee acting in the performance of official duties upon request.(8) By not later than April 1 in each year of participation, a program participant shall report to the department, on a form provided or prescribed by the department:(A) the number of buck deer and/or antlerless deer harvested on each tract of land enrolled in the MLDP;(B) the habitat management practices implemented on each tract of land enrolled in the CO; and(C) additional information as requested by the department. (9) If an applicant does not wish to engage in program participation, the applicant must affirmatively decline program participation by the Friday immediately preceding the Saturday closest to September 30 via the department's online web application. On an enrolled tract of land for which a program participant has failed to timely decline participation as provided in this paragraph, the provisions of this section continue to apply to the harvest of deer until the last day of tag validity in the year following application.(10) The provisions of this section cease effect and the provisions of §65.42 of this title (relating to Deer) apply on any tract of land for which:(A) an applicant has timely declined participation under the provisions of paragraph (9) of this subsection; or(B) the fees required by §53.5 of this title have not been remitted in accordance with subsection (b)(1)(C) of this section.(11) A program participant who complies with the requirements of paragraph (7)(A) - (E) of this paragraph also satisfies the requirements of Parks and Wildlife Code, §62.029, (relating to Records of Game in Cold Storage or Procession Facility), with respect to deer, provided the daily harvest log maintained on the tract of land:(A) contains the address and hunting license number of each person who harvested a deer; and(B) is retained at the cold storage/processing facility for a period of at least one year following the date of the last entry.(c) MLDP--White-tailed Deer. The provisions of this subsection shall govern the authorization and conduct of MLDP participation with respect to white-tailed deer.(1) Harvest Option (HO).(A) Any landowner or authorized agent may apply to enroll a tract of land in the HO by submitting an application to the department by no later than September 1 of each year on a form provided by the department.(B) An aggregate acreage may be enrolled in the HO, provided:(i) the application contains the name, address, and express consent of the landowner of each tract of land comprising the aggregate acreage for which enrollment is sought; and(ii) a single program participant is designated to receive MLDP tags for the aggregate acreage.(C) The department shall specify a harvest quota establishing the maximum number of buck, unbranched antlered, or antlerless deer to be harvested on each management unit within a tract of land or aggregate acreage enrolled in the HO. The harvest quota shall be based on:(i) department-derived survey data for the DMU in which the tract of land is located;(ii) the size of the tract of land enrolled in MLDP;(iii) the types of habitat and the amounts of each type of habitat on the tract of land enrolled in the MLDP; and(iv) any other information deemed relevant by the department. (D) On a tract of land enrolled under this subsection:(i) MLDP tags for antlerless deer and unbranched antlered deer are valid from the Saturday closest to September 30 until the last day of February, during which time antlerless deer and unbranched antlered deer may be taken by any lawful means; and(ii) MLDP tags for buck deer are valid:(I) from the Saturday closest to September 30 for 35 consecutive days during which time buck deer may be taken only by means of lawful archery equipment;(II) from the first Saturday in November until the last day of February, during which time buck deer may be taken by any lawful means; and(III) for the take of buck deer by licensed hunters 16 years of age and younger on the Friday, Saturday and Sunday immediately preceding the first Saturday in November.(E) If a program participant under this paragraph elects to receive a tag issuance for only one type of deer (buck or antlerless), the provisions of §65.42 of this title apply to the harvest of the other type of deer on the enrolled tract of land.(2) Conservation Option (CO).(A) Any landowner or authorized agent may apply to enroll a tract of land in the CO by applying for acceptance by no later than June 15 on a form provided or prescribed by the department.(B) A department-approved WMP is required for program participation under this paragraph. The WMP must contain, at a minimum:(i) acreage and habitat information requested by the department;(ii) deer population and harvest data for each of the two years immediately preceding the year in which initial program participation is sought;(iii) evidence satisfactory to the department that at least two department-approved habitat management practices have been implemented on the tract of land during each of the two years immediately preceding application; and(iv) acknowledgement that site visits by the department to assess habitat management practices on the tract of land may be conducted at the request of any department employee.(C) A WMP is not valid unless it has been signed by a Wildlife Division employee assigned to evaluate wildlife management plans.(D) To be eligible for continued program participation, a program participant must implement three habitat management practices specified in a department-approved WMP during each year of program participation.(E) On each management unit within a tract of land enrolled under this subsection:(i) the department will specify a harvest quota of buck and/or antlerless deer, based on the unique characteristics of the tract of land and the deer population; and(ii) MLDP tags are valid from the Saturday closest to September 30 until the last day of February, during which time deer may be taken by any lawful means.(F) The department may authorize additional harvest on any tract of land enrolled in the CO, provided the program participant furnishes survey or population data that in the opinion of the department justifies the additional harvest.(G) In the event that unforeseeable developments such as floods, droughts, or other natural disasters make the attainment of recommended habitat management practices impractical or impossible, the department may, on a case-by-case basis, waive or defer the habitat management requirements of this section.(H) Special Provisions(i) Wildlife Management Associations and Cooperatives.(I) The department may enroll a wildlife management association or cooperative in the CO under the provisions of this subsection, provided:(-a-) the application contains the name, address, and express consent of the landowner of each tract of land for which enrollment is sought; and(-b-) a single WMP that addresses all tracts of land within the wildlife management association or cooperative is submitted and approved by the department.(II) A wildlife management association or cooperative may choose to receive antlerless-only or either-sex tag issuance.(III) The department shall issue MLDP tags to the individual landowners or landowner's authorized agent within a wildlife management association or cooperative and the tags are valid only on the tract of land for which they are issued.(ii) An aggregate acreage may be enrolled in the CO, provided:(I) the application contains the name, address, and express consent of the landowner of each tract of land comprising the aggregate acreage for which enrollment is sought;(II) a single WMP that addresses all tracts of land within the aggregate acreage is submitted and approved by the department; and(III) a single program participant is designated to receive MLDP tags for the aggregate acreage.(iii) MLDP tags issued under the provisions of this paragraph may be utilized on any tract of land within the aggregate acreage enrolled in the MLDP.(d) MLDP--Mule Deer. (1) The provisions of subsection (c)(2)(A) - (H) of this section also shall govern the authorization and conduct of program participation with respect to mule deer, except the harvest of mule deer shall occur only between the Saturday closest to September 30 and the last Sunday of January, during which mule deer may be taken by any lawful means. (2) Program eligibility is specifically restricted to tracts of land in counties for which an open season for mule deer is provided under §65.42 of this title. (e) Refusal of Enrollment.(1) The department may refuse to allow or continue enrollment in the MLDP for any applicant who:(A) as of a reporting deadline has failed to report to the department any information required to be reported under the provisions of this section;(B) has exceeded the total harvest recommendation established for an enrolled tract of land; or(C) has failed to implement the three habitat management practices specified in a department-approved WMP during each year of program participation, if the tract of land is enrolled in the CO.(2) The department may prohibit any person from participating in the MLDP if the person has a final conviction or has been assessed an administrative penalty for a violation of:(A) Parks and Wildlife Code, Chapter 43, Subchapter C, E, L, R, or R-1;(B) a provision of the Parks and Wildlife Code that is not described by subparagraph (A) of this paragraph that is punishable as a Parks and Wildlife Code:(i) Class A or B misdemeanor;(ii) state jail felony; or(iii) felony;(C) Parks and Wildlife Code, §63.002; or(D) the Lacey Act (16 U.S.C. §§3371-3378).(3) The department may refuse to allow or continue enrollment in the MLDP to any person the department has evidence is acting on behalf of or as a surrogate for another person who is prohibited by the provisions of this section from participation in the MLDP.(4) The department may refuse to allow or continue enrollment in the MLDP for any tract of land on which a deer has been harvested but not presented to a mandatory check station for chronic wasting disease (CWD) testing as required by Subchapter B of this chapter.(5) In determining whether to refuse to allow or continue enrollment in the MLDP under paragraph (4) of this subsection the department shall consider:(A) whether the applicant advised hunters of any mandatory check station requirements in effect at the time a deer was harvested on the tract of land owned or managed by the applicant;(B) whether the applicant encouraged, advised, or directed a person who killed a deer on the tract of land owned or managed by the applicant not to present a harvested deer at a mandatory check station;(C) the number of deer harvested on the tract of land owned or managed by the applicant that were not presented at mandatory check stations; and(D) any other aggravating or mitigating factors the department deems relevant.(f) Special Provisions.(1) The annual bag limit established under §65.42 of this title does not apply to deer lawfully taken and tagged under the provisions of this section.(2) The tagging requirements of Parks and Wildlife Code, §42.018, do not apply to deer lawfully taken under the provisions of this section.(3) Completion of the harvest log required under §65.7 of this title (relating to Harvest Log) is not required for deer lawfully tagged under the provisions of this section.(4) The provisions of §65.10 of this title (relating to Possession of Wildlife Resources) apply to deer lawfully taken under this section.(5) To the extent that any provision of this subchapter conflicts with the provisions of this section, the provisions of this section prevail.(6) In the event that the department's web-based application is unavailable or inoperable, the department may specify manual procedures for compliance with the requirements of this section. Source Note: The provisions of this §65.29 adopted to be effective January 31, 2016, 41 TexReg 806; amended to be effective September 1, 2019, 44 TexReg 4050; amended to be effective June 15, 2020, 45 TexReg 4049; amended to be effective August 11, 2024, 49 TexReg 6000; amended to be effective September 1, 2025, 50 TexReg 4952. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE A STATEWIDE HUNTING PROCLAMATION §65.29 Managed Lands Deer Program (MLDP) https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205547&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 205547 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205547&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 205547 03/11/2026 (a) The department shall determine the number of pronghorn to be harvested from a given tract of land and shall issue permits to the landowner, who may distribute the permits to hunters. A permit issued under this subsection is valid only on the tract of land for which it was issued.(b) For the purposes of this section, 'tract of land' is a parcel or parcels of land under the same ownership within a single herd unit. Source Note: The provisions of this §65.30 adopted to be effective September 1, 2013, 38 TexReg 3795; amended to be effective September 1, 2021, 46 TexReg 4168. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE A STATEWIDE HUNTING PROCLAMATION §65.30 Pronghorn Permit https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=88055&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 88055 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=88055&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 88055 03/11/2026 (a) No person may hunt desert bighorn sheep without first attending an orientation conducted by the department during the year for which the permit is issued.(b) Any person hunting desert bighorn sheep shall notify the department between 14 and 21 days prior to the date of the hunt to arrange for the tagging required by subsection (c) of this section.(c) Any person taking a desert bighorn sheep shall, within 72 hours of taking the sheep, ensure that the sheep is permanently tagged in one horn by a lawful representative of the department. Source Note: The provisions of this §65.31 adopted to be effective July 26, 2001, 26 TexReg 5422. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE A STATEWIDE HUNTING PROCLAMATION §65.31 Desert Bighorn Sheep Permits https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205548&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 205548 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205548&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 205548 03/11/2026 (a) At the request of a landowner, the department may, based on evaluations of habitat and population, issue antlerless mule deer hunting permits for a specific tract of land.(b) No antlerless mule deer hunting permit is required for mule deer killed during an archery-only open season in a county for which the bag limit during an archery-only season is designated as either sex.(c) The annual and county bag limits for antlerless mule deer do not apply on a property for which a permit under this section has been issued, provided a valid, unused permit is possessed for each antlerless mule deer harvested on the property.(d) A permit issued under this section is valid during any open season for mule deer on the property for which it was issued; however, during an archery-only open season, antlerless mule deer may be taken only by means of lawful archery equipment. Source Note: The provisions of this §65.32 adopted to be effective July 26, 2001, 26 TexReg 5422; amended to be effective July 15, 2014, 39 TexReg 5417; amended to be effective September 1, 2021, 46 TexReg 4168. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE A STATEWIDE HUNTING PROCLAMATION §65.32 Antlerless Mule Deer Permit https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220196&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 220196 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220196&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 220196 03/11/2026 (a) The department may establish check stations in any county of the state for the purpose of collecting biologic information on wildlife resources taken in that county.(b) Except as required under §65.40 of this title (relating to Pronghorn: Open Seasons and Bag Limits) or Subchapter B of this chapter, the entire wildlife resource, with head and hide/plumage attached, except that internal and sexual organs may be removed (field-dressed), of any designated wildlife resource taken in a county in which mandatory check stations have been established must be presented:(1) to a designated check station agent within 24 hours of take; and(2) by the person or representative of the person who killed the wildlife resource.(c) Check stations shall be under the direction of an agent designated by the department. Agents shall:(1) register each wildlife resource presented at a check station;(2) issue a special possession tag, provided by the department, for each wildlife resource presented at a check station;(3) maintain records as prescribed in the record book supplied by the department; and(4) allow inspection of all check station records upon request of the department during normal working hours.(d) A person who fails or refuses to comply with this section commits an offense and is in violation of this subchapter. Source Note: The provisions of this §65.33 adopted to be effective July 26, 2001, 26 TexReg 5422; amended to be effective July 9, 2017, 42 TexReg 3397; amended to be effective August 11, 2024, 49 TexReg 6000. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE A STATEWIDE HUNTING PROCLAMATION §65.33 Mandatory Check Stations https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113474&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 113474 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113474&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 113474 03/11/2026 Except as provided in this subchapter, it is unlawful to hunt a game animal at any time other than during the open seasons provided in this chapter or to take more than the annual or daily bag limits, or to have in possession a game animal taken at any time other than during the open season. On the first day of any open season the possession limit is the same as the daily bag limit. Source Note: The provisions of this §65.38 adopted to be effective September 1, 1996, 21 TexReg 5303; amended to be effective July 11, 2004, 29 TexReg 6341. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE A STATEWIDE HUNTING PROCLAMATION §65.38 Game Animals: Open Seasons and Bag Limits https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220197&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 220197 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220197&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 220197 03/11/2026 (a) In all counties there is a general open season for pronghorn for 16 consecutive days beginning the Saturday nearest October 1, and the annual bag limit is one pronghorn.(b) A person who kills a pronghorn shall immediately and legibly complete and attach a pronghorn permit to the carcass, which shall remain attached until the carcass reaches a final destination. Source Note: The provisions of this §65.40 adopted to be effective September 1, 1996, 21 TexReg 5303; amended to be effective September 1, 2013, 38 TexReg 3795; amended to be effective September 1, 2017, 42 TexReg 3402; amended to be effective September 1, 2021, 46 TexReg 4164; amended to be effective August 11, 2024, 49 TexReg 6000. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE A STATEWIDE HUNTING PROCLAMATION §65.40 Pronghorn: Open Seasons and Bag Limits https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225817&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 225817 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225817&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 225817 03/11/2026 (a) General. (1) No person may exceed the applicable county bag limit or the annual bag limit of five white-tailed deer (no more than three bucks) and two mule deer (no more than one buck), except as provided by:(A) §65.29 of this title (relating to Managed Lands Deer Programs (MLDP));(B) use of an antlerless mule deer permit issued under §65.32 of this title (relating to Antlerless Mule Deer Permit);(C) use of a special permit under the provisions of Subchapter H of this chapter (relating to Public Hunting Proclamation); or(D) use of special antlerless permit issued by the U.S. Forest Service (USFS) for use on USFS lands that are part of the department's public hunting program.(2) During an archery-only open season, deer may be taken only by the means described in §65.11(2) and (3) of this title (relating to Lawful Means).(3) The issuance and use of MLDP tags is prescribed by §65.29 of this title.(4) Except as provided in Subchapter H of this chapter and subsections (b)(2)(E) and (b)(4) and (5) of this section, the take of antlerless deer is prohibited on USFS lands.(5) In the counties or portions of counties listed in subsection (b)(2)(G) of this section, antlerless deer harvested on properties not subject to the provisions of §65.29 of this title (relating to Managed Lands Deer (MLD) Programs) must be reported via the department's internet or mobile application within 24 hours of the time of kill, including antlerless deer harvested during the special seasons established by subsection (b)(4) and (5) of this section. This paragraph does not apply to antlerless deer harvested under a digital license issued by the department pursuant to §53.18 of this title (relating to Digital Products), which must be reported as required under §65.10 of this title (relating to Possession of Wildlife Resources). (b) White-tailed deer. The open seasons and bag limits for white-tailed deer shall be as follows.(1) South Zone. The general open season for the counties listed in this subparagraph is from the first Saturday in November through the third Sunday in January.(A) In Aransas, Bee, Brooks, Calhoun, Cameron, Dimmit, Duval, Frio, Hidalgo, Jim Hogg, Jim Wells, Kenedy, Kinney (south of U.S. Highway 90), Kleberg, LaSalle, Live Oak, Maverick, McMullen, Medina (south of U.S. Highway 90), Nueces, Refugio, San Patricio, Starr, Uvalde (south of U.S. Highway 90), Val Verde (south of a line beginning at the International Bridge and proceeding along Spur 239 to U.S. Hwy. 90 and thence to the Kinney County line), Webb, Willacy, Zapata, and Zavala counties, there is a general open season. The bag limit is five deer, no more than three bucks.(B) In Atascosa County there is a general open season.(i) The bag limit is five deer, no more than two bucks; and(ii) the antler restrictions described in paragraph (3) of this subsection apply.(2) North Zone. The general open season for the counties listed in this paragraph is from the first Saturday in November through the first Sunday in January.(A) In Bandera, Baylor, Bexar, Blanco, Burnet, Callahan, Coke, Coleman, Comal (west of Interstate 35), Concho, Crockett, Edwards, Gillespie, Glasscock, Haskell, Hays (west of Interstate 35), Howard, Irion, Jones, Kendall, Kerr, Kimble, Kinney (north of U.S. Highway 90), Knox, Llano, Mason, McCulloch, Medina (north of U.S. Highway 90), Menard, Mitchell, Nolan, Pecos, Real, Reagan, Runnels, San Saba, Schleicher, Shackelford, Sterling, Sutton, Taylor, Terrell, Throckmorton, Tom Green, Travis (west of Interstate 35), Upton, Uvalde (north of U.S. Highway 90), Val Verde (north of a line beginning at the International Bridge and proceeding along Spur 239 to U.S. Hwy. 90 and thence to the Kinney County line), and Wilbarger counties, the bag limit is five deer, no more than two bucks.(B) In Archer, Bell (west of IH 35), Bosque, Brown, Clay, Coryell, Hamilton, Hill, Jack, Lampasas, McLennan, Mills, Palo Pinto, Somervell, Stephens, Wichita, Williamson (west of IH 35) and Young counties:(i) the bag limit is five deer, no more than two bucks; and(ii) the antler restrictions described in paragraph (3) of this subsection apply.(C) In Armstrong, Borden, Briscoe, Carson, Childress, Collingsworth, Cottle, Crosby, Dickens, Donley, Fisher, Floyd, Foard, Garza, Gray, Hall, Hardeman, Hemphill, Hutchinson, Kent, King, Lipscomb, Motley, Ochiltree, Roberts, Scurry, Stonewall, and Wheeler counties, the bag limit is five deer, no more than one buck.(D) In Brewster, Culberson, Jeff Davis, Presidio, and Reeves counties, the bag limit is four deer, no more than two bucks.(E) In Comanche, Cooke, Denton, Eastland, Erath, Hood, Johnson, Montague, Parker, Tarrant, and Wise counties:(i) the bag limit is four deer, no more than two bucks and no more than two antlerless;(ii) the antler restrictions described in paragraph (3) of this subsection apply; and(iii) on USFS lands in Montague and Wise counties, antlerless deer may be taken only from Thanksgiving Day through the Sunday immediately following Thanksgiving Day.(F) In Anderson, Angelina, Bell (East of IH 35), Bowie, Brazoria, Burleson, Brazos, Camp, Cass, Chambers, Cherokee, Delta, Ellis, Falls, Fannin, Fort Bend, Franklin, Freestone, Galveston, Goliad (south of U.S. Highway 59), Gregg, Grimes, Hardin, Harris, Harrison, Henderson, Hopkins, Houston, Hunt, Jackson (south of U.S. Highway 59), Jasper, Jefferson, Kauffman, Lamar, Leon, Liberty, Limestone, Madison, Marion, Matagorda, Milam, Montgomery, Morris, Nacogdoches, Navarro, Newton, Orange, Panola, Polk, Rains, Red River, Robertson, Rusk, Sabine, San Augustine, San Jacinto, Shelby, Smith, Titus, Trinity, Tyler, Upshur, Van Zandt, Victoria (south of U.S. Highway 59), Walker, Wharton (south of U.S. Highway 59), Williamson (east of IH 35), and Wood counties:(i) the bag limit is four deer, no more than two bucks and no more than two antlerless;(ii) the antler restrictions described in paragraph (3) of this subsection apply; and(iii) antlerless deer may be taken from opening day through the Sunday immediately following Thanksgiving Day.(G) In Austin, Bastrop, Caldwell, Colorado, Comal (east of IH 35), DeWitt, Fayette, Goliad (north of U.S. Highway 59), Gonzales, Guadalupe, Hays (east of IH 35), Jackson (north of U.S. Highway 59), Karnes, Lavaca, Lee, Travis (east of IH 35), Victoria (north of U.S. Highway 59), Waller, Washington, Wharton (north of U.S. Highway 59), and Wilson counties:(i) the bag limit is four deer, no more than two bucks and no more than two antlerless;(ii) the antler restrictions described in paragraph (3) of this subsection apply; and(iii) antlerless deer may be taken from Thanksgiving Day through the Sunday immediately following Thanksgiving Day.(iv) In the counties or portions of counties listed in this subparagraph, antlerless deer harvested on properties not subject to the provisions of §65.29 of this title (relating to Managed Lands Deer (MLD) Programs) must be reported via the department's internet or mobile application within 24 hours of the time of kill, including antlerless deer harvested during any special seasons established by subsection (b)(5) - (7) of this section.(H) In Collin, Dallas, Grayson, and Rockwall counties there is a general open season:(i) the bag limit is four deer, no more than two bucks and no more than two antlerless;(ii) the antler restrictions described in paragraph (3) of this subsection apply;(iii) lawful means are restricted to lawful archery equipment, including properties for which MLDP tags have been issued; and(iv) all deer harvested on properties not subject to the provisions of §65.29 of this title (relating to Managed Lands Deer (MLD) Programs) must be reported via the department's internet or mobile application within 24 hours of the time of kill, including deer harvested during any special season established by subsection (b)(5) - (7) of this section.(I) In Andrews, Bailey Castro, Cochran, Dallam, Dawson, Deaf Smith, Gaines, Hale, Hansford, Hartley, Hockley, Lamb, Lubbock, Lynn, Martin, Moore, Oldham, Parmer, Potter, Randall, Sherman, Swisher, Terry, and Yoakum counties, the bag limit is three deer, no more than one buck and no more than two antlerless.(J) In Crane, Ector, Loving, Midland, Ward, and Winkler counties:(i) the bag limit is three deer, no more than one buck and no more than two antlerless; and(ii) antlerless deer may be taken by MLDP tag only.(K) In all other counties, there is no General Season.(3) Antler Restrictions. In each county for which antler restrictions are imposed under the provisions of this subsection:(A) a legal buck is a buck deer with:(i) at least one unbranched antler; or(ii) an inside spread of 13 inches or greater;(B) no person may take may more than one buck with an inside spread of 13 inches or greater; and(C) a person who takes a buck deer in violation of subparagraph (A)(ii) of this paragraph is prohibited from subsequently harvesting any buck deer with branched antlers on both main beams in that county.(4) Special Late General Seasons.(A) There is a special late general season during which harvest is restricted to antlerless and unbranched antlered deer, as follows:(i) in the counties listed in paragraph (1)(A) and (B) of this subsection: 14 consecutive days starting the first Monday following the third Sunday in January;(ii) in the counties listed in paragraph (2)(A) - (C) and (E) of this subsection: 14 consecutive days starting the first Monday following the first Sunday in January.(iii) In all other counties there is no special late general season.(B) The bag limit during a special late general season is the bag limit established for the county for the general open season and is not in addition to any other bag limit.(5) Archery-only open seasons.(A) There shall be an archery-only open season in all counties in which there is an open general season.(B) The open season is from the Saturday closest to September 30 for 35 consecutive days.(C) The bag limit in any given county is as provided for that county during the general open season.(D) No MLDP tag is required to hunt antlerless deer unless MLDP tags have been issued for the property.(E) Antlerless deer may be taken on USFS lands during an archery-only season.(6) Muzzleloader-only open seasons, and bag and possession limits shall be as follows. In Anderson, Angelina, Austin, Bastrop, Bell (East of IH 35), Bowie, Brazoria, Brazos, Brewster, Burleson, Caldwell, Camp, Cass, Chambers, Cherokee, Colorado, Comal (East of IH 35), Culberson, Delta, DeWitt, Ellis, Fannin, Falls, Fayette, Fort Bend, Franklin, Freestone, Galveston, Goliad, Gonzales, Gregg, Grimes, Guadalupe, Hardin, Harris, Harrison, Hays (East of IH 35), Henderson, Hopkins, Houston, Hunt, Jackson, Jasper, Jeff Davis, Jefferson, Karnes, Kaufman, Lamar, Lavaca, Lee, Leon, Liberty, Limestone, Madison, Marion, Matagorda, Milam, Montgomery, Morris, Nacogdoches, Navarro, Newton, Orange, Panola, Polk, Presidio, Rains, Red River, Reeves, Robertson, Rusk, Sabine, San Augustine, San Jacinto, Shelby, Smith, Titus, Travis (East of IH 35), Trinity, Tyler, Upshur, Van Zandt, Victoria, Walker, Waller, Washington, Wharton, Williamson (East of IH 35), Wilson and Wood counties, there is an open season during which deer may be taken only with a muzzleloader.(A) The open season is 14 consecutive days starting the first Monday following the first Sunday in January.(B) The bag limit for buck and antlerless deer is as specified in this section for the general season in the county or portion of a county in which take occurs.(C) Antlerless deer may be taken on USFS lands during a muzzleloader-only season.(7) Special Youth-Only Seasons. There shall be special youth-only general hunting seasons in all counties where there is a general open season for white-tailed deer.(A) The early open season is the Friday, Saturday, and Sunday immediately before the first Saturday in November.(B) The late open season is 14 consecutive days starting the first Monday following the first Sunday in January.(C) Bag limits, provisions for the take of antlerless deer, and special requirements in the individual counties listed in paragraph (2)(A) - (G) of this subsection shall be as specified for the first two days of the general open season in those counties, except as provided in subparagraph (D) of this paragraph.(D) Provisions for the take of antlerless deer in the individual counties listed in paragraph (2)(G) of this subsection shall be as specified in those counties for the period of time from Thanksgiving Day through the Sunday immediately following Thanksgiving Day.(E) Other than on properties where MLDP tags have been issued under the provisions of §65.29(c)(2) of this title, only licensed hunters 16 years of age or younger may hunt deer during the seasons established by this paragraph, and any lawful means may be used.(F) The stamp requirement of Parks and Wildlife Code, Chapter 43, Subchapter I, does not apply during the seasons established by this paragraph.(G) Antlerless deer may be taken on USFS lands during special youth-only deer seasons.(c) Mule deer. The open seasons and bag limits for mule deer shall be as follows: (1) In Andrews, Armstrong, Bailey, Borden, Briscoe, Carson, Castro, Childress, Cochran, Coke, Collingsworth, Cottle, Crosby, Dallam, Dawson, Deaf Smith, Dickens, Donley, Fisher, Floyd, Foard, Gaines, Garza, Gray, Hale, Hall, Hansford, Hardeman, Hartley, Hemphill, Hockley, Hutchinson, Kent, King, Knox, Lamb, Lipscomb, Lubbock, Lynn, Martin, Moore, Motley, Ochiltree, Oldham, Parmer, Potter, Randall, Roberts, Scurry, Sherman, Stonewall, Swisher, Terry, Wheeler and Yoakum counties:(A) the Saturday before Thanksgiving for 16 consecutive days;(B) bag limit: one buck; and(C) antlerless deer may be taken only by Antlerless Mule Deer permit or MLDP tag.(D) In Andrews, Armstrong, Bailey, Briscoe, Castro, Childress, Cochran, Collingsworth, Cottle, Dawson, Donley, Foard, Floyd, Gaines, Hale, Hall, Hardeman, Hockley, Lamb, Lynn, Lubbock, Martin, Motley, Parmer, Randall, Swisher, Terry, and Yoakum counties, no person may harvest a buck deer with an outside spread of the main beams of less than 20 inches.(2) In Crane, Crockett, Culberson, Ector, El Paso, Hudspeth, Jeff Davis, Loving, Midland, Presidio, Reagan, Reeves, Upton, Val Verde, Ward, and Winkler counties:(A) the Friday immediately following Thanksgiving for 17 consecutive days;(B) bag limit: one buck; and(C) antlerless deer may be taken only by antlerless mule deer permit or MLDP tag.(3) In Brewster, Pecos, and Terrell counties:(A) the Friday immediately following Thanksgiving for 17 consecutive days;(B) bag limit: one buck; and(C) antlerless deer may be taken by antlerless mule deer permit or MLDP tag only.(D) In Terrell County, no person may harvest a buck deer with an outside spread of the main beams of less than 20 inches.(4) In all other counties, there is no general open season for mule deer.(5) Archery-only open seasons and bag and possession limits shall be as follows. (A) In Andrews, Armstrong, Bailey, Borden, Briscoe, Carson, Castro, Childress, Cochran, Coke, Collingsworth, Cottle, Crosby, Dallam, Dawson, Deaf Smith, Dickens, Donley, Fisher, Floyd, Foard, Gaines, Garza, Gray, Hale, Hall, Hansford, Hardeman, Hartley, Hemphill, Hockley, Hutchinson, Kent, King, Knox, Lamb, Lipscomb, Lubbock, Lynn, Martin, Moore, Motley, Ochiltree, Oldham, Parmer, Potter, Randall, Roberts, Scurry, Sherman, Stonewall, Swisher, Terry, Wheeler, and Yoakum counties: (i) from the Saturday closest to September 30 for 56 consecutive days; and (ii) bag limit: one buck.(B) In Crane, Crockett, Culberson, Ector, El Paso, Hudspeth, Jeff Davis, Loving, Midland, Presidio, Reagan, Reeves, Upton, Val Verde, Ward, and Winkler counties: (i) from the Saturday closest to September 30 for 62 consecutive days; and (ii) bag limit: one buck. (C) In Brewster, Pecos, and Terrell counties: (i) from the Saturday closest to September 30 for 62 consecutive days. (ii) bag limit: two deer, no more than one buck. Antlerless deer may be harvested without a permit unless MLDP antlerless tags have been issued for the property.(D) In all other counties, there is no archery-only open season for mule deer. Source Note: The provisions of this §65.42 adopted to be effective July 9, 2017, 42 TexReg 3397; amended to be effective September 1, 2018, 43 TexReg 3609; amended to be effective September 1, 2019, 44 TexReg 4050; amended to be effective September 1, 2021, 46 TexReg 4164; amended to be effective January 18, 2022, 47 TexReg 96; amended to be effective September 1, 2022, 47 TexReg 4985; amended to be effective August 15, 2023, 48 TexReg 4121; amended to be effective August 11, 2024, 49 TexReg 6000; amended to be effective September 1, 2025, 50 TexReg 4952. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE A STATEWIDE HUNTING PROCLAMATION §65.42 Deer https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196215&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 196215 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196215&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 196215 03/11/2026 (a) The counties listed in this subsection are in the North Zone. In Andrews, Archer, Baylor, Blanco, Borden, Caldwell, Calhoun, Coke, Comal, Concho, Crane, Dawson, DeWitt, Ector, Foard, Gaines, Gillespie, Glasscock, Goliad, Gonzales, Guadalupe, Hardeman, Hays, Howard, Irion, Knox, Llano, Loving, McCulloch, Martin, Mason, Midland, Mitchell, Nolan, Reagan, Refugio, Runnels, San Saba, Scurry, Sterling, Taylor, Terry, Tom Green, Upton, Victoria, Ward, Wichita, Wilbarger, and Winkler counties, there is a general open season.(1) Open season: October 1 through the last Sunday in February.(2) Bag limit: Two javelina.(3) Possession limit: two javelina.(b) The counties listed in this subsection are in the South Zone. In Aransas, Atascosa, Bandera, Bee, Bexar, Brewster, Brooks, Cameron, Crockett, Culberson, Dimmit, Duval, Edwards, El Paso, Frio, Hidalgo, Hudspeth, Jeff Davis, Jim Hogg, Jim Wells, Karnes, Kendall, Kenedy, Kerr, Kimble, Kinney, Kleberg, LaSalle, Live Oak, McMullen, Maverick, Medina, Menard, Nueces, Pecos, Presidio, Real, Reeves, San Patricio, Schleicher, Starr, Sutton, Terrell, Uvalde, Val Verde, Webb, Willacy, Wilson, Zapata, and Zavala counties, there is an open season from September 1 through August 31.(1) Bag limit: two javelina.(2) Possession limit: two javelina.(c) In all other counties, there is no open season for javelina.(d) The bag limits established in this section do not apply on properties for which the department has established an annual harvest quota under §65.25(c) of this title (relating to Wildlife Management Plan (WMP). Source Note: The provisions of this §65.44 adopted to be effective September 1, 1996, 21 TexReg 5303; amended to be effective July 14, 1997, 22 TexReg 6308; amended to be effective July 26, 2001, 26 TexReg 5422; amended to be effective July 18, 2007, 32 TexReg 4421; amended to be effective September 1, 2015, 40 TexReg 4700; amended to be effective September 1, 2019, 44 TexReg 4050. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE A STATEWIDE HUNTING PROCLAMATION §65.44 Javelina: Open Seasons and Annual Bag Limits https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220199&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 220199 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220199&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 220199 03/11/2026 (a) In Anderson, Angelina, Bowie, Camp, Cass, Chambers, Cherokee, Delta, Fannin, Franklin, Freestone, Galveston, Gregg, Hardin, Harris, Harrison, Henderson, Hopkins, Houston, Hunt, Jasper, Jefferson, Lamar, Leon, Liberty, Limestone, Marion, Montgomery, Morris, Nacogdoches, Navarro, Newton, Orange, Panola, Polk, Rains, Red River, Robertson, Rusk, Sabine, San Augustine, San Jacinto, Shelby, Smith, Titus, Trinity, Tyler, Upshur, Van Zandt, Walker, and Wood Counties, there is a general open season for squirrel.(1) Open season: May 1-May 31 and October 1 through the last Sunday in February.(2) Daily bag limit: 10 squirrels.(3) Possession limit: 20 squirrels.(b) In all other counties, there is an open season from September 1 through August 31, during which there is no bag limit.(c) In the counties listed in subsection (a) of this section, there shall be a special youth-only general hunting season during which only licensed hunters 16 years of age or younger may hunt.(1) open season: the Friday, Saturday, and Sunday immediately preceding October 1.(2) bag and possession limits: as specified in subsection (a) of this section. Source Note: The provisions of this §65.46 adopted to be effective July 14, 1997, 22 TexReg 6308; amended to be effective August 20, 1998, 23 TexReg 8450; amended to be effective June 29, 1999, 24 TexReg 4826; amended to be effective July 15, 2014, 39 TexReg 5417; amended to be effective September 1, 2018, 43 TexReg 3609; amended to be effective September 1, 2021, 46 TexReg 4164; amended to be effective September 26, 2022, 47 TexReg 6232; amended to be effective August 11, 2024, 49 TexReg 6000. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE A STATEWIDE HUNTING PROCLAMATION §65.46 Squirrel: Open Seasons, Bag, and Possession Limits https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220200&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 220200 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220200&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 220200 03/11/2026 (a) In Brewster, Culberson, Hudspeth, Jeff Davis, and Presidio counties, there is a general open season for desert bighorn sheep.(b) Open Season: From November 15 of any year to September 30 of the immediately following year.(c) Bag limit: One desert bighorn sheep ram as specified on the permit, by permit only.(d) Possession Limit: One desert bighorn sheep ram. Source Note: The provisions of this §65.48 adopted to be effective September 1, 1996, 21 TexReg 5303; amended to be effective July 14, 1997, 22 TexReg 6308; amended to be effective July 15, 2014, 39 TexReg 5417; amended to be effective August 11, 2024, 49 TexReg 6000. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE A STATEWIDE HUNTING PROCLAMATION §65.48 Desert Bighorn Sheep: Open Season and Annual Bag Limit https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200797&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 200797 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200797&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 200797 03/11/2026 (a) Open seasons and bag limits. In all counties there is a general open season for alligator.(1) In Angelina, Brazoria, Calhoun, Chambers, Galveston, Hardin, Jackson, Jasper, Jefferson, Liberty, Matagorda, Nacogdoches, Newton, Orange, Polk, Refugio, Sabine, San Augustine, San Jacinto, Trinity, Tyler and Victoria counties, and on all properties for which the department has issued hide tags, the open season is from September 10 through September 30.(2) In all other counties, the open season is from April 1 - June 30.(3) Bag limit:(A) on a property for which the department has issued hide tags: one alligator per unused hide tag in possession; or(B) in counties with the season provided under paragraph (2) of this subsection: one alligator per person per license year, unless hide tags have been issued for the property.(b) Harvest.(1) No person may hunt an alligator in this state unless that person is in possession of a valid hunting license.(2) No person may hunt an alligator on a property for which the department has issued hide tags unless the person is in physical possession of at least one valid, unused alligator hide tag per taking device employed by the person.(3) An alligator captured on a taking device must be immediately killed, documented, and tagged as required by this subsection.(4) If an alligator is killed on a property for which hide tags have been issued, the alligator must be immediately tagged with a hide tag within ten inches of the tip of the alligator's tail.(5) Except in the counties listed in subsection (a)(1) of this section, a person may kill an alligator without possessing a hide tag, provided:(A) the alligator is taken on private property with the consent of the owner of the property; and(B) the department has not issued hide tags for the property.(6) A person who kills an alligator under the provisions of paragraph (5) of this subsection shall immediately affix a completed Wildlife Resource Document to the alligator, which shall accompany the alligator until the alligator is permanently tagged with a hide tag as provided in subsection (c)(5) of this section.(c) Tag issuance and usage.(1) Except as provided in this subchapter or Subchapter P of this chapter, no person may possess an untagged alligator hide or undocumented alligator part.(2) A hide tag issued for a property is valid only for that property.(3) Landowners may apply for hide tags from the department by submitting a completed application form (PWD 369) to the department. In Angelina, Brazoria, Calhoun, Chambers, Galveston, Hardin, Jackson, Jasper, Jefferson, Liberty, Matagorda, Nacogdoches, Newton, Orange, Polk, Refugio, Sabine, San Augustine, San Jacinto, Trinity, Tyler and Victoria counties, tag issuance shall be based on annual surveys of alligator habitat and populations. In all other counties, tag issuance to landowners shall be on a case-by-case basis following a biological assessment by a department biologist.(4) Except as provided in paragraph (5) of this subsection, hunters shall obtain hide tags from the landowner.(5) A person who takes an alligator under subsection (b)(5) of this section shall permanently tag the alligator immediately upon receipt of a hide tag from the department.(d) Management Tag. The department may issue management tags to a landowner with a department-approved alligator management plan that specifies a harvest quota of sub-adult alligators. All provisions of this subchapter pertaining to tags and tagging also apply to management tags.(e) Reports; return of unused tags.(1) Except as provided in subsections (b)(6) and (c)(5) of this section, a person who takes an alligator shall complete an alligator hide tag report immediately upon harvest. The report shall be submitted to the department within seven days of harvest.(2) A person who takes an alligator under subsection (b)(5) of this section shall complete and submit to the department an alligator hide tag report, accompanied by the fee specified in §53.8 of this title (relating to Alligator Licenses, Permits, Stamps, and Tags), within 72 hours of harvest.(3) A person to whom the department has issued more than one hide tag shall file an annual report on a form supplied or approved by the department accounting for all tags within 10 working days following the close of the open season in the county for which the tags were issued. All unused tags shall be returned with this report.(4) The department may refuse to issue additional hide tags to any person who:(A) does not file the reports as required by this section;(B) does not return unused hide tags as required by this section; or(C) fails to pay the fee for a hide tag.(f) Sale. Alligators taken under this subchapter may be sold only to a person possessing either a valid wholesale alligator dealer permit or a valid alligator farmer permit.(g) Exception.(1) This subchapter shall not prohibit a person from killing an alligator:(A) in immediate defense of his or her life or the lives of others; or(B) to protect livestock or other domestic animals from imminent injury or death.(2) Alligators killed under this subsection shall be immediately reported to the department.(h) Alligator feeding. It is an offense for any person to intentionally feed a free-ranging alligator, except for a licensed hunter or control hunter lawfully engaged at the time in the activity of hunting alligators. This paragraph does not apply to federal, state, or local government employees in the performance of official duties. Source Note: The provisions of this §65.49 adopted to be effective September 1, 2006, 31 TexReg 5342; amended to be effective August 24, 2020, 45 TexReg 5922. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE A STATEWIDE HUNTING PROCLAMATION §65.49 Alligators https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18955&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18955 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18955&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18955 03/11/2026 Except as provided in Subchapter K of this chapter (relating to Raptor Proclamation), it is unlawful to hunt a game bird at any time other than during the open seasons provided in this chapter, or to take more than the daily bag limits, or to have in possession a game bird taken at any time other than during the open seasons. On the first day of any open season the possession limit is the same as the daily bag limit. Source Note: The provisions of this §65.54 adopted to be effective September 1, 1996, 21 TexReg 5303; amended to be effective August 20, 1998, 23 TexReg 8450. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE A STATEWIDE HUNTING PROCLAMATION §65.54 Game Birds: Open Seasons and Bag Limits https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142057&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 142057 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142057&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 142057 03/11/2026 There is no open season for lesser prairie chicken. Source Note: The provisions of this §65.56 adopted to be effective September 1, 1996, 21 TexReg 5303; amended to be effective July 14, 1997, 22 TexReg 6308; amended to be effective July 10, 2005, 30 TexReg 3997; amended to be effective August 23, 2009, 34 TexReg 5701. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE A STATEWIDE HUNTING PROCLAMATION §65.56 Lesser Prairie Chicken: Open Season, Bag, and Possession Limits https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191195&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 191195 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191195&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 191195 03/11/2026 (a) In Armstrong, Bailey, Briscoe, Carson, Castro, Childress, Cochran, Collingsworth, Cottle, Crosby, Dallam, Deaf Smith, Donley, Floyd, Gray, Hale, Hall, Hansford, Hartley, Hemphill, Hockley, Hutchinson, Lamb, Lipscomb, Lubbock, Moore, Motley, Ochiltree, Oldham, Parmer, Potter, Randall, Roberts, Sherman, Swisher, Wheeler, and Wilbarger counties, there is an open season for pheasants.(1) Open season: First Saturday of December for 30 consecutive days.(2) Daily Bag limit: Three cock pheasants.(3) Possession limit: Nine cock pheasants.(b) In all other counties, there is no open season on pheasants.(c) It is unlawful to hunt pheasant with the aid of a cable, chain, rope, or other device connected to or between a moving object or objects. Source Note: The provisions of this §65.60 adopted to be effective September 1, 1996, 21 TexReg 5303; amended to be effective July 10, 2003, 28 TexReg 5206; amended to be effective December 9, 2003, 28 TexReg 10951; amended to be effective July 11, 2004, 29 TexReg 6330; amended to be effective July 2, 2006, 31 TexReg 5136; amended to be effective September 1, 2012, 37 TexReg 5478; amended to be effective September 1, 2018, 43 TexReg 3609. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE A STATEWIDE HUNTING PROCLAMATION §65.60 Pheasant: Open Seasons, Bag, and Possession Limits https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225818&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 225818 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225818&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 225818 03/11/2026 (a) In all counties there is an open season for quail from the first day in November through the last day in February.(b) Daily bag limit: 15 quail.(c) Possession limit: 45 quail.(d) There is no open season on Mearns' quail (commonly called fool's quail). Source Note: The provisions of this §65.62 adopted to be effective September 1, 1996, 21 TexReg 5303; amended to be effective October 2, 1997, 22 TexReg 9687; amended to be effective July 26, 2001, 26 TexReg 5422; amended to be effective September 1, 2025, 50 TexReg 4952. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE A STATEWIDE HUNTING PROCLAMATION §65.62 Quail: Open Seasons, Bag, and Possession Limits https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225819&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 225819 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225819&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 225819 03/11/2026 (a) The annual bag limit for turkey (all subspecies), in the aggregate, is four, only one of which may be from a county listed in subsection (b)(3)(D) of this section.(b) The open seasons and bag limits for turkey shall be as follows. (1) Fall seasons and bag limits: (A) The counties listed in this subparagraph are in the Fall South Zone. In Aransas, Atascosa, Bee, Calhoun, Cameron, Dimmit, Duval, Frio, Goliad, Gonzales, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kinney (south of U.S. Highway 90), LaSalle, Live Oak, Maverick, McMullen, Medina (south of U.S. Highway 90), Nueces, Refugio, San Patricio, Starr, Uvalde (south of U.S. Highway 90), Val Verde (south of a line beginning at the International Bridge and proceeding along Spur 239 to U.S. Hwy. 90 and thence to the Kinney County line), Webb, Wilson, Zapata, and Zavala counties, there is a fall general open season.(i) Open season: first Saturday in November through the third Sunday in January.(ii) Bag limit: four turkeys, gobblers or bearded hens.(B) In Brooks, Kenedy, Kleberg, and Willacy counties, there is a fall general open season.(i) Open season: first Saturday in November through the last Sunday in February.(ii) Bag limit: four turkeys, either sex.(C) The counties and portions of counties listed in this subparagraph are in the Fall North Zone. In Archer, Armstrong, Bandera, Baylor, Bell (west of Interstate Highway 35), Bexar, Blanco, Borden, Bosque, Briscoe, Brown, Burnet, Callahan, Carson, Childress, Clay, Coke, Coleman, Collingsworth, Comal (west of Interstate Highway 35), Comanche, Concho, Cooke, Coryell, Cottle, Crane, Crockett, Crosby, Dawson, Denton, Dickens, Donley, Eastland, Ector, Edwards, Erath, Fisher, Floyd, Foard, Garza, Gillespie, Glasscock, Gray, Hall, Hamilton, Hardeman, Hartley, Haskell, Hays (west of Interstate Highway 35), Hemphill, Hill (west of Interstate Highway 35 East), Hood, Howard, Hutchinson, Irion, Jack, Johnson, Jones, Kendall, Kent, Kerr, Kimble, King, Kinney (north of U.S. Highway 90), Knox, Lampasas, Lipscomb, Llano, Lubbock, Lynn, Martin, Mason, McCulloch, McLennan (west of Interstate Highway 35), Medina (north of U.S. Highway 90), Menard, Midland, Mills, Mitchell, Montague, Moore, Motley, Nolan, Ochiltree, Oldham, Palo Pinto, Parker, Potter, Randall, Reagan, Real, Roberts, Runnels, San Saba, Schleicher, Scurry, Shackelford, Somervell, Stephens, Sterling, Stonewall, Sutton, Swisher, Tarrant, Taylor, Throckmorton, Tom Green, Travis (west of Interstate Highway 35), Upton, Uvalde (north of U.S. Highway 90), Val Verde (north of a line beginning at the International Bridge and proceeding along Spur 239 to U.S. Hwy. 90 and thence to the Kinney County line), Ward, Wheeler, Wichita, Wilbarger, Williamson (west of Interstate Highway 35), Wise, and Young counties, there is a fall general open season. (i) Open season: first Saturday in November through the first Sunday in January.(ii) Bag limit: four turkeys, either sex.(2) Archery-only season and bag limits. In all counties where there is a general fall season for turkey there is an open season during which turkey may be taken only as provided for in §65.11(2) and (3) of this title (relating to Lawful Means).(A) Open season: from the Saturday closest to September 30 for 35 consecutive days.(B) Bag limit: in any given county, the annual bag limit is as provided by this section for the fall general season in that county.(3) Spring season and bag limits. (A) The counties and portions of counties listed in this subparagraph are in the Spring North Zone. In Archer, Armstrong, Bandera, Baylor, Bell (west of Interstate Highway 35), Bexar, Blanco, Borden, Bosque, Briscoe, Brown, Burnet, Callahan, Carson, Childress, Clay, Coke, Coleman, Collingsworth, Comal (west of Interstate Highway 35), Comanche, Concho, Cooke, Coryell, Cottle, Crane, Crockett, Crosby, Dawson, Denton, Dickens, Donley, Eastland, Ector, Edwards, Ellis (west of Interstate Hwy. 35), Erath, Fisher, Floyd, Foard, Garza, Gillespie, Glasscock, Gray, Guadalupe (south of Interstate Highway 10), Hall, Hamilton, Hardeman, Hartley, Haskell, Hays (west of Interstate Highway 35), Hemphill, Hill (west of Interstate Highway 35 East), Hood, Howard, Hutchinson, Irion, Jack, Johnson, Jones, Kendall, Kent, Kerr, Kimble, King, Kinney (north of U.S. Hwy. 90), Knox, Lampasas, Lipscomb, Llano, Lubbock, Lynn, Martin, Mason, McCulloch, McLennan (west of Interstate Highway 35), Medina (north of U.S. Hwy. 90), Menard, Midland, Mills, Mitchell, Montague, Moore, Motley, Nolan, Ochiltree, Oldham, Palo Pinto, Parker, Potter, Randall, Reagan, Real, Roberts, Runnels, San Saba, Schleicher, Scurry, Shackelford, Somervell, Stephens, Sterling, Stonewall, Sutton, Swisher, Tarrant, Taylor, Throckmorton, Tom Green, Travis (west of Interstate Highway 35), Upton, Uvalde (north of U.S. Hwy. 90), Val Verde (north of a line beginning at the International Bridge and proceeding along Spur 239 to U.S. Hwy. 90 and thence to the Kinney County line), Ward, Wheeler, Wichita, Wilbarger, Williamson (west of Interstate Highway 35), Wise, and Young counties, there is a spring general open season. (i) Open season: Saturday closest to April 1 for 44 consecutive days.(ii) Bag limit: four turkeys, gobblers or bearded hens.(B) The counties and portions of counties listed in this subparagraph are in the Spring South Zone. In Aransas, Atascosa, Bee, Brooks, Calhoun, Cameron, DeWitt, Dimmit, Duval, Frio, Goliad, Gonzales, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, Kinney (south of U.S. Hwy. 90), Kleberg, LaSalle, Live Oak, Maverick, McMullen, Medina (south of U.S. Hwy. 90), Nueces, Refugio, San Patricio, Starr, Uvalde (south of U.S. Hwy. 90), Val Verde (south of a line beginning at the International Bridge and proceeding along Spur 239 to U.S. Hwy. 90 and thence to the Kinney County line), Victoria, Webb, Willacy, Wilson, Zapata, and Zavala counties, there is a spring general open season.(i) Open season: Saturday closest to March 18 for 44 consecutive days.(ii) Bag limit: four turkeys, gobblers or bearded hens.(C) In Bastrop, Brewster, Caldwell, Colorado, Comal (east of Interstate Highway 35), Fayette, Guadalupe (north of I-10), Hays (east of Interstate Highway 35), Hill (east of Interstate Highway 35 East), Jackson, Jeff Davis, Lavaca, Lee, Matagorda, McLennan (east of Interstate Highway 35), Pecos, Terrell, Travis (east of Interstate Highway 35), and Wharton counties, there is a spring general open season.(i) Open season: from April 1 through April 30. (ii) Bag limit: one turkey, gobblers only.(D) The counties and portions of counties listed in this subparagraph are in the East Zone. In Bowie (north of U.S. 82), Cass, Fannin (north of U.S. 82), Grayson, Jasper (other than the Angelina National Forest), Lamar (north of U.S. 82), Marion, Nacogdoches, Newton, Polk, Red River (north of U.S. 82), and Sabine counties, there is a spring general open season.(i) Open season: from April 22 through May 14.(ii) Bag limit: one turkey, gobbler only.(iii) In the counties listed in this subsection:(I) it is unlawful to hunt turkey by any means other than a shotgun or lawful archery equipment; and(II) it is unlawful for any person to take or attempt to take turkeys by the aid of baiting, or on or over a baited area.(4) Special Youth-Only Seasons. Only licensed hunters 16 years of age or younger may hunt during the seasons established by this subsection.(A) There shall be a special youth-only fall general hunting season in all counties where there is a fall general open season.(i) open season: the Friday, Saturday, and Sunday immediately preceding the first Saturday in November and from the Monday immediately following the close of the general open season for 14 consecutive days.(ii) bag limit: as specified for individual counties in paragraph (1) of this subsection.(B) There shall be special youth-only spring general open hunting seasons for turkey in the counties listed in paragraph (3)(A) and (B) of this subsection.(i) open seasons:(I) the weekend (Saturday and Sunday) immediately preceding the first day of the general open spring season; and(II) the weekend (Saturday and Sunday) immediately following the last day of the general open spring season.(ii) bag limit: as specified for individual counties in paragraph (3) of this subsection. (c) Except as provided by §65.10 of this title for turkeys harvested under a digital license issued pursuant to §53.18 of this title (relating to Digital Products), all harvested turkeys must be registered via the department's internet or mobile application within 24 hours of the time of kill. (d) In all counties or portions of counties for which an open season is not provided under subsection (b) of this section, the season is closed for hunting turkey. Source Note: The provisions of this §65.64 adopted to be effective July 14, 1997, 22 TexReg 6308; amended to be effective October 2, 1997, 22 TexReg 9687; amended to be effective August 16, 1999, 24 TexReg 6305; amended to be effective July 13, 2000, 25 TexReg 6545; amended to be effective July 26, 2001, 26 TexReg 5422; amended to be effective June 3, 2002, 27 TexReg 4712; amended to be effective July 11, 2004, 29 TexReg 6330; amended to be effective July 10, 2005, 30 TexReg 3997; amended to be effective September 1, 2006, 31 TexReg 5342; amended to be effective July 18, 2007, 32 TexReg 4421; amended to be effective August 23, 2009, 34TexReg5701; amended to be effective September 1, 2011, 36 TexReg 3332; amended to be effective July 15, 2014, 39 TexReg 5417; amended to be effective September 1, 2015, 40 TexReg 4700; amended to be effective September 1, 2017, 42 TexReg 3402; amended to be effective September 1, 2018, 43 TexReg 3609; amended to be effective September 1, 2021, 46 TexReg 4164; amended to be effective January 18, 2022, 47 TexReg 96; amended to be effective September 1, 2022, 47 TexReg 4985; amended to be effective August 15, 2023, 48 TexReg 4121; amended to be effective August 11, 2024, 49 TexReg 6000; amended to be effective September 1, 2025, 50 TexReg 4952. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE A STATEWIDE HUNTING PROCLAMATION §65.64 Turkey https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205553&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 205553 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205553&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 205553 03/11/2026 In Cameron, Hidalgo, Starr, and Willacy counties, there is an open season for chachalacas.(1) Open season: Saturday nearest October 28 through the last Sunday in February.(2) Daily bag limit: Five chachalacas.(3) Possession limit: 15 chachalacas. Source Note: The provisions of this §65.66 adopted to be effective September 1, 1996, 21 TexReg 5303; amended to be effective September 1, 2018, 43 TexReg 3609; amended to be effective September 1, 2021, 46 TexReg 4164. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE A STATEWIDE HUNTING PROCLAMATION §65.66 Chachalaca https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224693&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 224693 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224693&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 224693 03/11/2026 The words and terms used in this division shall have the meanings assigned by §65.90 of this title (relating to Definitions), unless the context clearly indicates otherwise. All other words in this subchapter shall have the meanings assigned by Parks and Wildlife Code. Source Note: The provisions of this §65.80 adopted to be effective January 2, 2013, 37 TexReg 10231; amended to be effective September 29, 2016, 41 TexReg 7501; amended to be effective December 19, 2021, 46 TexReg 8724; amended to be effective April 13, 2025, 50 TexReg 2416. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE B DISEASE DETECTION AND RESPONSE §65.80 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224694&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 224694 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224694&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 224694 03/11/2026 (a) General. (1) Except as provided in this section and §65.87 of this title (relating to Exception), no person shall conduct, authorize, or cause any activity involving the movement of a susceptible species under a permit issued pursuant to Parks and Wildlife Code, Chapter 43, Subchapter C, E, L, R, or R-1 within five linear miles of a location where CWD has been confirmed in a free-range white-tailed deer or susceptible species, or within 25 linear miles of a location where CWD has been confirmed in a free-range mule deer. Such prohibited activity includes but is not limited to transportation, introduction, removal, authorizing or allowing the transportation, introduction, or removal of, or causing the transportation, introduction, or removal of a live susceptible species.(2) In the event of a conflict between this section and any other provision of this subchapter, this section prevails.(3) Once implemented, the provisions of this division continue in effect at any given location until the department has determined, using the best available science, that CWD is not likely present within the applicable distance of a free-range positive.(b) Breeder Deer. (1) The provisions of this subsection apply to a breeding facility any part of which is within five linear miles of a location where CWD has been confirmed in a free-range white-tailed deer or susceptible species, or within 25 linear miles of a location where CWD has been confirmed in a free-range mule deer. The department will notify a permittee immediately upon determining that the permittee's facility is subject to the provisions of this subsection.(2) A breeding facility described by paragraph (1) of this subsection may, provided the facility is designated MQ:(A) receive deer from any breeding facility in this state authorized to transfer deer; and(B) transfer deer only to release sites or breeding facilities authorized to receive deer the entirety of which are completely within five linear miles of the location where CWD has been confirmed in white-tailed deer or susceptible species, or within 25 linear miles of a location where CWD has been confirmed in a mule deer. (3) A breeding facility described by paragraph (1) of this subsection is prohibited from transferring deer except as provided under paragraph (2) of this subsection unless:(A) the applicable facility infrastructure and fencing standards described in §65.605 of this title (relating to Facility Standards and Care of Deer) have been in place for at least one year prior to being notified by the department as required by paragraph (1) of this subsection; and (B) following the notification required by paragraph (1) of this subsection, a whole-herd ante-mortem test of all test-eligible deer in the facility is conducted with test results of "not detected" for every deer, except as provided in subparagraph (D) of this paragraph, after which deer may be transferred to and from the facility as provided in this subchapter; or(C) if the applicable facility infrastructure and fencing standards described in §65.605 of this title have not been implemented or have been in place for less than one year prior to being notified by the department as required by paragraph (1) of this subsection:(i) a whole-herd ante-mortem test of all test-eligible deer in the facility is conducted no earlier than one year following the completion of the applicable facility infrastructure and fencing standards described in §65.605 of this title with test results of "not detected" for every deer, except as provided in subparagraph (D) of this paragraph; and(ii) one year has elapsed from the date of the whole herd test required by clause (i) of this subparagraph has been completed, after which deer may be transferred to and from the facility as provided in this subchapter.(D) The department will not accept inconclusive ante-mortem test results (including, but not limited to "insufficient follicles") for more than 10 percent of the total number of deer tested under the provisions of subparagraph (B) or (C) of this paragraph.(4) A breeding facility that as of the effective date of this subsection was subject to the restrictions provided by §65.81(2) of this title (relating to Containment Zones: Restrictions) in effect at that time may transfer deer to any breeding facility or release site authorized to receive deer if;(A) the facility meets the applicable facility infrastructure and fencing standards described in §65.605 of this title; and(B) the facility is designated MQ.(5) The department will issue an initial permit for a facility located within five linear miles of a location where CWD has been detected in a free-range white-tailed deer or susceptible species, or within 25 miles of a location where CWD has been detected in a free-range mule deer; however:(A) authorization for possession of deer is contingent upon the completion, at the applicant's expense, of an assessment, utilizing department-approved methodologies, of environmental exposure to CWD prions at the location of the prospective facility or, if the site was ever the location of a permitted facility, within the perimeter of the previously permitted facility; and(B) for a period of three years following the initial introduction of deer to the facility, each deer transferred into or born in the facility have been in the facility for a minimum residency period of 20 continuous months, after which the deer may be transferred to any facility authorized to receive deer as provided in this subchapter. After the three-year period established by this subparagraph has elapsed, the department may waive the 20-month residency requirement upon an epidemiological determination by the department that CWD prions are not present in the facility. (6) A breeding facility described by paragraph (5) of this subsection may, provided the facility is designated MQ:(A) receive deer from any breeding facility in this state authorized to transfer deer; but(B) except as provided in paragraph (5)(B) of this subsection, may transfer deer only to release facilities that are:(i) authorized to receive deer; and(ii) completely within five linear miles of the location where CWD has been confirmed in white-tailed deer or susceptible species, or within 25 linear miles of a location where CWD has been confirmed in a mule deer. (7) The department will issue a new breeder permit to any qualified individual, but will not authorize the possession of breeder deer at any location where a susceptible species has tested positive for CWD or where CWD prions are determined to exist. (8) Deer that escape from a breeding facility any part of which is within five linear miles of a location where CWD has been detected in a free-range white-tailed deer or susceptible species, or within 25 linear miles of a location where CWD has been detected in a free-range mule deer, may not be recaptured and/or returned to a breeding facility except as expressly authorized in writing by the department or in a herd plan.(9) The department may authorize the expansion of an existing facility located within five linear miles of a location where CWD has been detected in a free-range white-tailed deer or susceptible species, or within 25 miles of a location where CWD has been detected in a free-range mule deer; however, the requirements of paragraph (5) and (6) of this subsection apply to the entirety of the facility as enlarged and the entire facility will be treated as a new facility.(c) Deer Management Permit (DMP). (1) The department may authorize DMP activities on a property within five linear miles of a location where CWD has been detected in a free-range range white-tailed deer or susceptible species or within 25 linear miles of a location where CWD has been detected in a free-range mule deer, provided the owner of the property agrees, in writing, prior to the issuance of the DMP, to subject either 100 percent of hunter-harvested deer or 15 deer, whichever value is lower, to testing performed by an accredited testing laboratory on the medial retropharyngeal lymph nodes from each harvested deer, which must be collected by a qualified licensed veterinarian, TAHC-certified CWD sample collector, or other person approved by the department. Tissue samples shall be submitted to an accredited laboratory within two weeks of harvest.(A) The testing required by this paragraph shall be:(i) conducted on test-eligible deer taken on the property for which the DMP was issued, during the hunting season for which the DMP was issued (i.e., that coincides with the period of validity of the DMP); and(ii) at the expense of the permittee, including tissue collection and submission. (B) A permittee subject to the provisions of this paragraph shall maintain a harvest log during the period of validity of the permit. The harvest log shall be maintained daily and shall meet the requirements of this subparagraph. For each deer harvested on the DMP property, the landowner must, on the same day the deer is harvested, legibly enter the following information in the daily harvest log: (i) the name and hunting license of the person who harvested the deer; (ii) the date the deer was harvested; (iii) the species (white-tailed or mule deer) and type of deer harvested (buck or antlerless); (iv) any alphanumeric identifier tattooed on the deer; (v) the RFID tag number of any RFID tag affixed to the deer; and (vi) any other identifier and identifying number on the deer. (C) The daily harvest log shall be made available upon request to any department employee acting in the performance of official duties. (D) The daily harvest log shall be on a form provided or approved by the department and shall be retained for a period of one year following submission and acceptance by the department.(2) The harvest log and test results required by this subsection shall be submitted to the department via an application specified by the department for that purpose by April 1 immediately following the close of the hunting season for which the DMP was issued.(3) For a property on which zero deer were harvested in the hunting season for which a DMP was issued, a subsequent DMP shall not be issued until the permittee has submitted test results of "not detected" for 15 hunter-harvested deer from the property.(4) For a property on which 15 or fewer deer were harvested in the hunting season for which a DMP was issued, a subsequent DMP shall not be issued until the permittee has submitted test results of "not detected" equal to the number of deer harvested from the property. (5) For a property on which more than 15 deer were harvested in the hunting season for which a DMP was issued, a subsequent DMP shall not be issued until the permittee has submitted "not detected" test results for 15 hunter-harvested deer from the property.(6) The department will not issue a DMP for:(A) a property where CWD is confirmed; or(B) a property that is a release facility epidemiologically connected to a positive facility. Source Note: The provisions of this §65.81 adopted to be effective April 13, 2025, 50 TexReg 2416. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE B DISEASE DETECTION AND RESPONSE §65.81 Risk Mitigation Provisions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185674&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 185674 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185674&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 185674 03/11/2026 To the extent a provision of this division conflicts with a provision of another subchapter of this chapter, or Division 2 of this subchapter, this division controls. Source Note: The provisions of this §65.86 adopted to be effective January 2, 2013, 37 TexReg 10231; amended to be effective September 13, 2017, 42 TexReg 4650. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE B DISEASE DETECTION AND RESPONSE §65.86 Preemption https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160125&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 160125 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160125&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 160125 03/11/2026 The department may waive any provision of this subchapter as necessary for the holder of a scientific research permit when the proposed research is determined to be of use in advancing the understanding the etiology of CWD in susceptible species. Source Note: The provisions of this §65.87 adopted to be effective January 2, 2013, 37 TexReg 10231. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE B DISEASE DETECTION AND RESPONSE §65.87 Exception https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224695&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 224695 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224695&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 224695 03/11/2026 (a) In addition to the provisions of §65.10 of this title (Possession of Wildlife Resources) and except as may be otherwise prohibited by this subchapter, a department herd plan, or a quarantine or hold order issued by TAHC, a white-tailed deer or mule deer or part of a white-tailed or mule deer killed in this state or a susceptible species or part of a susceptible species harvested outside of Texas may be transported from the location where the animal was killed as provided in this section. The parts of the animal not retained for cooking, storage or taxidermy purposes shall be disposed of as quickly as practicable by one of the following methods:(1) by transport, directly or indirectly, to a landfill permitted by the Texas Commission of Environmental Quality to receive such wastes; (2) interment, to be accomplished by the placement of the carcass parts at a depth of no less than three feet below the natural surface of the ground, followed immediately by the placement of earthen material in such a fashion as to completely cover the carcass parts with at least three vertical feet of earthen material; or(3) return to the property where the animal was harvested for disposal. (b) The rendering of carcass parts is not a lawful method of disposal.(c) The carcass of a white-tailed or mule deer may be deboned at any location prior to transportation to a final destination, provided: (1) the meat from each deboned carcass is placed in a separate package, bag, or container; (2) proof-of-sex and any required tag is retained and accompanies each package, bag, or container of meat; and(3) the remainder of the carcass is disposed of in accordance with the provisions of subsection (a) of this section. Carcasses and carcass parts not disposed of immediately shall be protected from being scattered, consumed, or removed until disposal occurs. (4) For purposes of this subsection, "deboning" means the detachment and removal of all musculature described by Parks and Wildlife Code, §42.001(8), from the bone. Muscles must remain intact (except for physical damage occurring as a result of take) and may not be processed further (i.e, ground, chopped, sliced, etc.).(5) Proof-of-sex and any required tag must accompany the meat from the time of harvest until the meat reaches a final destination. (6) It is an offense for any person to possess:(A) meat from a carcass possessed under this subsection that has been processed further than whole muscles;(B) meat from more than one carcass in a single package, bag, or container.(d) It is an offense for any person to dispose of those parts of an animal that the possessor does not retain for cooking, storage, or taxidermy purposes except as follows: (1) by transport, directly or indirectly, to a landfill permitted by the Texas Commission of Environmental Quality to receive such wastes; or (2) interment, to be accomplished by the placement of the carcass parts at a depth of no less than three feet below the natural surface of the ground, followed immediately by the placement of earthen material in such a fashion as to completely cover the carcass parts with at least three vertical feet of earthen material; or(3) return to the property where the animal was harvested. Source Note: The provisions of this §65.88 adopted to be effective September 29, 2016, 41 TexReg 7501; amended to be effective July 24, 2017, 42 TexReg 3643; amended to be effective December 19, 2021, 46 TexReg 8724; amended to be effective July 4, 2023, 48 TexReg 3513; amended to be effective July 4, 2024, 49 TexReg 4779; amended to be effective April 13, 2025, 50 TexReg 2416. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE B DISEASE DETECTION AND RESPONSE §65.88 Deer Carcass Movement Restrictions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=180304&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 180304 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=180304&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 180304 03/11/2026 A person who violates any provision of this subchapter commits an offense and is subject to the penalties prescribed by Parks and Wildlife Code, Chapter 43, Subchapter C, E, L, R or R-1, and Chapter 61, as applicable. Source Note: The provisions of this §65.89 adopted to be effective September 29, 2016, 41 TexReg 7501. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE B DISEASE DETECTION AND RESPONSE §65.89 Penalties https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224707&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 224707 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224707&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 224707 03/11/2026 The following words and terms shall have the following meanings, except in cases where the context clearly indicates otherwise.(1) Accredited testing laboratory--A laboratory approved by the United States Department of Agriculture to test white-tailed deer or mule deer for CWD.(2) Ante-mortem test--A CWD test performed on a live deer.(3) Breeder deer--A white-tailed deer or mule deer possessed under a permit issued by the department pursuant to Parks and Wildlife Code, Chapter 43, Subchapter L, and Subchapter T of this chapter.(4) Confirmed--A CWD test result of "positive" received from the Texas A&M Veterinary Medical Diagnostic Laboratory or the National Veterinary Service Laboratories of the United States Department of Agriculture.(5) CWD--Chronic wasting disease.(6) CWD--positive- An animal that has received a "detected" or "positive" CWD test result confirmed by the National Veterinary Services Laboratory.(7) CWD--positive facility (positive facility)--Any facility in or on which CWD has been confirmed.(8) Deer breeder--A person who holds a deer breeder's permit issued pursuant to Parks and Wildlife Code, Chapter 43, Subchapter L, and Subchapter T of this chapter. (9) Deer breeding facility (breeding facility)--A facility authorized to hold breeder deer under a permit issued by the department pursuant to Parks and Wildlife Code, Chapter 43, Subchapter L, and Subchapter T of this chapter (Deer Breeder's Permit). (10) Department (department)--Texas Parks and Wildlife Department. (11) Deer Management Permit (DMP)--A permit issued under the provisions of Parks and Wildlife Code, Subchapter R or R-1 and Subchapter D of this chapter (relating to Deer Management Permit (DMP)) that authorizes the temporary detention of deer for the purpose of propagation. (12) Exposed deer--A deer that meets any of the following criteria: (A) the deer is or has been in a breeding facility where a CWD-positive deer has been kept following the date the facility was first exposed to CWD (if known);(B) the deer is or has been in a breeding facility within the five-year period preceding the death date of any CWD-positive deer that was in the facility (or the date of a positive ante-mortem test result); or(C) the deer is or has been in a breeding facility on or after the date that the facility received a deer under the circumstances described in subparagraph (A) or (B) of this paragraph.(13) Exposure--The period of time that has elapsed following the introduction of an exposed deer to a breeding facility. (14) Facility--Any location required to be registered in TWIMS under a deer breeder's permit, Triple T permit, TTP permit, or DMP, including release sites and/or trap sites.(15) Free-range deer--A deer that is not a breeder deer.(16) Herd Plan--A set of requirements for disease testing and management developed by the department and TAHC for a specific facility.(17) Hunter-harvested deer--A deer required to be tagged under the provisions of Subchapter A of this chapter (relating to Statewide Hunting Proclamation). (18) Hunting year--That period of time between September 1 and August 31 of any year when it is lawful to hunt deer under the provisions of Subchapter A of this chapter (relating to Statewide Hunting Proclamation).(19) Inconclusive--A test result that is neither "positive" nor "not detected" on the basis of clinical deficiency. (20) "Insufficient follicles"--A test result indicating that a tonsil or rectal biopsy sample contained an insufficient number of lymphoid follicles to produce a valid test result.(21) Landowner (owner)--Any person who has an ownership interest in a tract of land and includes landowner's authorized agent. (22) Landowner's authorized agent (agent)--A person designated by a landowner to act on the landowner's behalf. (23) Last known exposure--The last date a deer in a trace-out or trace-in breeding facility was exposed to a trace deer prior to the death or transfer of that trace deer. (24) Liberated deer--A free-ranging deer that bears evidence of having been a breeder deer, including, but not limited to, a tattoo (including partial or illegible tattooing), or evidence of having been eartagged at any time (holes, rips, notches, etc. in the ear tissue), electronic identification devices, or any other signs that the deer was at any time a breeder deer. (25) Location of detection--The exact geographic location, to the extent that it can be determined, at which a deer or susceptible species confirmed to be positive for CWD died.(26) Movement Qualified (MQ)--A designation made by the department pursuant to this division that allows a deer breeder to lawfully transfer breeder deer. (27) Not available/unavailable for testing--For a Category B trace-out deer breeding facility, a deer that is no longer present in a facility and cannot be found or the whereabouts of which are otherwise unknown.(28) Not Movement Qualified (NMQ)--A designation made by the department pursuant to this division that prohibits the transfer of deer by a deer breeder. (29) Positive breeding facility--A deer breeding facility where CWD has been confirmed to exist.(30) Post-mortem test--A CWD test performed on a dead deer. (31) Properly executed--A form or report required by this division on which all required information has been entered. (32) Reconciled herd--The breeder deer held in a breeding facility for which every birth, mortality, and transfer of breeder deer has been accurately reported as required by this division. (33) Release--The act of liberating a deer from captivity. For the purposes of this division the terms "release" and "liberate" are synonymous. (34) Release site--A specific tract of land to which deer are released, including the release of deer under the provisions of this chapter or Parks and Wildlife Code, Chapter 43, Subchapters E, L, R, or R-1. (35) Reporting year--For a deer breeder's permit, the period of time from April 1 of one calendar year through March 31 of the next calendar year. (36) RFID tag--A button-type ear tag conforming to the 840 standards of the United States Department of Agriculture's Animal Identification Number system. (37) Submit--When used in the context of test results, provided to the department, either directly from a deer breeder or via an accredited testing laboratory. (38) Susceptible species--Any cervid species or part of a cervid species that is susceptible to CWD.(39) Suspect--An initial CWD test result of "detected" that has not been confirmed. (40) TAHC--Texas Animal Health Commission.(41) Test-eligible-- (A) Until the effective date of these rule amendments, a deer at least 16 months of age; and(B) Beginning with the effective date of this rule, a deer at least 12 months of age.(42) Test, Test Result(s), or Test Requirement--A CWD test, CWD test result, or CWD test requirement as provided in this division. (43) Trace deer--A deer that the department has determined had been in a CWD-positive deer breeding facility on or after the date the facility was first exposed to CWD, if known; otherwise, within the previous five years from the reported mortality date of the CWD-positive deer, or the date of the ante-mortem test result. (44) Trace-in breeding facility--A breeding facility that meets either of the following criteria: (A) the facility has transferred a deer directly to a CWD-positive facility within the five-year period preceding the reported mortality date of a CWD-positive deer in the facility (or the date of the positive ante-mortem test result); or(B) the facility has possessed a deer that was transferred indirectly (i.e., by way of an intermediary breeding facility or facilities) to a CWD-positive facility within the five-year period preceding the reported mortality date of a CWD-positive deer in the facility, or the date of the positive ante-mortem test result.(45) Trace-out breeding facility--A breeding facility that has received an exposed deer that was in a CWD-positive deer breeding facility. (46) Trap Site--A specific tract of land approved by the department for the trapping of deer under this chapter and Parks and Wildlife Code, Chapter 43, Subchapters E, L, R, and R-1. (47) Triple T permit--A permit to trap, transport, and transplant white-tailed or mule deer (Triple T permit) issued under the provisions of Parks and Wildlife Code, Chapter 43, Subchapter E, and Subchapter C of this chapter (relating to Permits for Trapping, Transporting, and Transplanting Game Animals and Game Birds). (48) Trap, Transport and Process (TTP) permit--A permit issued under the provisions of Parks and Wildlife Code, Chapter 43, Subchapter E, and Subchapter C of this chapter (relating to Permits for Trapping, Transporting, and Transplanting Game Animals and Game Birds), to trap, transport, and process surplus white-tailed deer (TTP permit). (49) TWIMS--The department's Texas Wildlife Information Management Services (TWIMS) online application. (50) Whole-herd test--The administration of an ante-mortem test to the entirety of test-eligible deer in the inventory of a breeding facility. Source Note: The provisions of this §65.90 adopted to be effective August 15, 2016, 41 TexReg 5726; amended to be effective October 7, 2018, 43 TexReg 6663; amended to be effective December 19, 2021, 46 TexReg 8724; amended to be effective August 11, 2024, 49 TexReg 6008; amended to be effective April 13, 2025, 50 TexReg 2416. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE B DISEASE DETECTION AND RESPONSE §65.90 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216430&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 216430 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216430&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 216430 03/11/2026 (a) To the extent that any provision of this division conflicts with any provision of this chapter other than Division 1 of this subchapter, this division prevails.(b) Except as provided in this division, no live breeder deer or deer trapped under a Triple T permit, TTP permit or DMP may be transferred anywhere for any purpose.(c) Except as provided in this division or as expressly authorized and in accordance with the provisions of a herd plan, no person shall transfer deer to or from any facility for which a CWD test result of "suspect" or "positive" has been obtained from an accredited testing laboratory, irrespective of how the sample was obtained or who collected the sample. The provisions of this subsection take effect immediately upon the notification of a CWD "suspect" test result, and continue in effect until the department expressly authorizes the resumption of permitted activities at that facility.(d) Notwithstanding any provision of this division, no person may cause or allow breeder deer to be moved from a facility for any purpose if such movement is prohibited by a herd plan associated with a TAHC hold order or TAHC quarantine.(e) No person may transfer deer to or from a facility that has been designated NMQ by the department unless specifically authorized by the department for the holder of a scientific research permit when the proposed research is determined to be of use in advancing the etiology of CWD in susceptible species.(f) Immediately upon the notification that a facility has received a CWD "suspect" test result (a CWD suspect facility), all facilities that have been in possession of a deer that was held in the CWD suspect facility within the previous five years shall be designated NMQ by the department until it is determined that the facility is not epidemiologically linked to the CWD suspect deer, or it is determined upon further testing that the "suspect" deer is not a confirmed positive.(g) Unless expressly provided otherwise in this division, all applications, reports, and notifications required by this division shall be submitted electronically via TWIMS or by another method expressly authorized by the department.(h) In the event that technical or other circumstances prevent the development or implementation of automated methods for collecting and submitting the data required by this division via TWIMS, the department may prescribe alternative methods for collecting and submitting the data required by this division.(i) Except as provided in this division, no person shall introduce into, remove deer from or allow or authorize deer to be introduced into or removed from any facility unless a georeferenced map (a map image incorporating a system of geographic ground coordinates, such as latitude/longitude or Universal Transverse Mercator (UTM) coordinates) showing the exact boundaries of the facility has been submitted to the department prior to any such introduction or removal. Source Note: The provisions of this §65.91 adopted to be effective August 15, 2016, 41 TexReg 5726; amended to be effective September 13, 2017, 42 TexReg 4650; amended to be effective October 7, 2018, 43 TexReg 6663; amended to be effective December 19, 2021, 46 TexReg 8724; amended to be effective January 18, 2024, 49 TexReg 267. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE B DISEASE DETECTION AND RESPONSE §65.91 General Provisions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224708&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 224708 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224708&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 224708 03/11/2026 (a) All CWD test samples at the time of submission for testing shall be accompanied by a properly executed, department-prescribed form provided for that purpose.(b) Except as provided in §65.95(c)(7) of this title (relating to Movement of Breeder Deer) or subsection (d) of this section, an ante-mortem CWD test is not valid unless it is performed by an accredited laboratory on retropharyngeal lymph node, rectal mucosa, or tonsillar tissue with at least six lymphoid follicles collected within eight months of submission by a licensed veterinarian authorized pursuant to statutes and regulations governing the practice of veterinary medicine in Texas and regulations of the TAHC from a live deer that: (1) is at least 12 months of age; and(2) has not been the source of a "not detected" ante-mortem test result submitted within the previous 12 months.(c) Except as provided in §65.81(c)(1) of this title (relating to CWD Risk Mitigation Provisions, a post-mortem CWD test is not valid unless it is performed by an accredited testing laboratory on the obex and medial retropharyngeal lymph node of a test-eligible mortality, and may be collected only by a qualified licensed veterinarian, TAHC-certified CWD sample collector, or other person approved by the department.(d) Except for the provisions of paragraphs (3) and (4) of this subsection, the provisions of this subsection take effect April 1, 2022. To meet the requirements of §65.94 of this title (relating to Breeding Facility Minimum Movement Qualifications), or §65.95 of this title, ante-mortem test results may be substituted for post-mortem test results at a ratio of five "not detected" ante-mortem test results for each required "not detected" post-mortem test result, provided:(1) the ante-mortem test samples are collected within eight months of the end of the reporting year.(2) The number of ante-mortem test results submitted for the purposes of satisfying the requirements of §65.94(a)(1)(C) of this title cannot exceed 30 percent of the total number of post-mortem results required by this division, multiplied by five, in more than two reporting years during the life of the permit. This paragraph does not apply to the use of ante-mortem test results to meet the provision of §65.94(a)(1)(C) of this title requiring that a minimum of five percent of the breeding facility inventory be tested annually.(3) For a facility with sufficient deer to satisfy the ante-mortem substitution requirements of this subsection were it not for the testing frequency limitations imposed by subsection (b)(2) of this section, test results from deer at least six months of age at the time of testing may be submitted to satisfy the requirements of this subsection. The provisions of this paragraph do not apply unless all test-eligible deer in the facility have been tested prior to the testing of any deer that is six months of age or older but younger than 12 months of age.(4) For a facility that must conduct ante-mortem testing of all test-eligible deer in the facility to regain MQ status, the department will not accept inconclusive ante-mortem test results (including, but not limited to "insufficient follicles") for more than 10 percent of the total number of deer tested. For facilities required to test less than ten deer, inconclusive ante-mortem test results (including but not limited to "insufficient follicles") will not be accepted.(5) No provision of this subsection shall be construed as to relieve any permittee of the obligation to test every mortality that occurs within a breeding facility as required by §65.94 of this title.(e) For purposes of satisfying the testing requirements of §65.94 or §65.95 of this title for the period of time between the reporting year that began April 1, 2017 and the reporting period ending March 31, 2022, ante-mortem test results may be substituted for post-mortem test results at a ratio of three "not detected" ante-mortem test results for each required "not detected" post-mortem test result.(f) Except as specifically provided in this division, an ante-mortem test result may not be used more than once to satisfy any testing requirement of this division.(g) No ante-mortem test result may be utilized by more than one permittee to satisfy any requirement of this division.(h) An ante-mortem test result is valid only if the deer from which it was taken is still in the inventory of the facility in which the sample was taken.(i) The testing requirements of this division cannot be altered by the sale or subdivision of a property to a related party if the purpose of the sale or subdivision is to avoid the requirements of this division.(j) Deer breeders shall report all deer mortalities that occur within a breeding facility within seven days of detection.(k) Upon notification by the department that CWD is suspected in a deer as a result of ante-mortem testing in a facility, the facility is automatically NMQ and the permittee shall:(1) euthanize the positive deer within seven days of confirmation of the positive test result; and(2) collect post-mortem test samples from breeder deer euthanized under this subsection within one business day of euthanasia, to include both ears and the identification tag required under Parks and Wildlife Code, Chapter 43, Subchapter L.(l) All CWD test samples shall be submitted to an accredited testing laboratory within seven days of collection. Source Note: The provisions of this §65.92 adopted to be effective August 15, 2016, 41 TexReg 5726; amended to be effective March 14, 2021, 46 TexReg 1495; amended to be effective December 19, 2021, 46 TexReg 8724; amended to be effective January 18, 2024, 49 TexReg 267; amended to be effective August 11, 2024, 49 TexReg 6008; amended to be effective April 13, 2025, 50 TexReg 2416. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE B DISEASE DETECTION AND RESPONSE §65.92 CWD Testing https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207098&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 207098 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207098&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 207098 03/11/2026 (a) When a release site is required by this division to maintain a harvest log, the harvest log shall be maintained daily and shall meet the requirements of this section.(b) For each deer harvested on the release site the landowner must, on the same day that the deer is harvested, legibly enter the following information in the daily harvest log:(1) the name and hunting license of the person who harvested the deer;(2) the date the deer was harvested;(3) the species (white-tailed or mule deer) and type of deer harvested (buck or antlerless);(4) any alphanumeric identifier tattooed on the deer;(5) the RFID tag number of any RFID tag affixed to the deer; and(6) any other identifier and identifying number on the deer, including a description of any evidence or indication that the deer was a liberated deer including, but not limited to evidence of having been eartagged at any time (holes, rips, notches, etc. in ear tissue).(c) The daily harvest log shall be made available upon request to any department employee acting in the performance of official duties.(d) By not later than April 1 of each year, the owner of a release site shall submit the contents of the daily harvest log to the department via TWIMS or via another method specified by the department.(e) The daily harvest log shall be on a form provided or approved by the department and shall be retained for a period of one year following submission and acceptance by the department. Source Note: The provisions of this §65.93 adopted to be effective August 15, 2016, 41 TexReg 5726; amended to be effective December 19, 2021, 46 TexReg 8724. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE B DISEASE DETECTION AND RESPONSE §65.93 Harvest Log https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224709&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 224709 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224709&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 224709 03/11/2026 (a) Notwithstanding any other provision of this division, a breeding facility is designated NMQ and is prohibited from transferring breeder deer anywhere for any purpose if the breeding facility:(1) has not:(A) met the provisions of this subparagraph:(i) had less than five eligible mortalities from May 23, 2006 through March 31, 2016; or(ii) submitted CWD "not detected" test results for at least 20% of the total number of eligible mortalities that occurred in the facility since May 23, 2006; and(B) beginning with the reporting year that starts April 1, 2017, and ending March 31, 2022, submitted CWD "not detected" test results for:(i) at least 80% of test-eligible mortalities occurring in the facility during each reporting year before the effective date of this section; and(ii) 100 percent of test-eligible mortalities occurring in the facility after the effective date of this subsection; provided, however, if the facility has been permitted for six months or more, the number of "not detected" test results submitted during the previous reporting year must be equal to or greater than the following number: the sum of the test-eligible deer reported in the breeding facility inventory on March 31 of the previous reporting year, plus the sum of the eligible mortalities that occurred within the breeding facility for the previous reporting year, multiplied by 3.6 percent; and(C) beginning with the reporting year that starts April 1, 2022 and for each reporting year thereafter, submitted CWD "not detected" test results for 100 percent of eligible mortalities occurring in the facility during the previous reporting year; provided, however, if the facility has been permitted for six months or more, the number of "not detected" test results submitted during the previous reporting year must be equal to or greater than the following number: the sum of the test-eligible deer reported in the breeding facility inventory on March 31 of the previous reporting year, plus the sum of the eligible mortalities that occurred within the breeding facility for the previous reporting year, multiplied by five percent;(2) is not authorized pursuant to a herd plan associated with a TAHC hold order or TAHC quarantine;(3) does not have a reconciled herd inventory; or(4) is not in compliance with the reporting and recordkeeping provisions of this division and §65.608 of this title (relating to Annual Reports and Records).(b) A breeding facility that has been designated as NMQ for failure to comply with the testing requirements specified in subsection (a) of this section will be restored to MQ:(1) when the required "not detected" test results prescribed by subsection (a) of this section are submitted; or(2) the department has designated the breeding facility MQ under the provisions of subsections (d), (e), or (f) of this section.(c) A breeding facility designated NMQ shall report all mortalities within the facility to the department immediately upon discovery of the mortality.(d) Notwithstanding the applicable provisions of §65.92 of this title (relating to CWD Testing), a breeding facility that is designated NMQ and is unable to satisfy the requirements of subsection (a) of this section to achieve MQ status may be designated MQ by the department, provided:(1) the facility has not received any exposed deer;(2) there are no discrepancies between the deer physically present in the facility (number, sex, age, unique identifier) and the herd inventory reported in TWIMS;(3) the department has determined that the number of test-eligible deer in the facility is not sufficient to provide the necessary ante-mortem test samples to substitute for post-mortem test results;(4) a department herd inventory inspection has been completed at least 12 months prior to the initiation of any ante-mortem testing under paragraph (5) of this subsection;(5) all test-eligible deer in the facility are subjected to ante-mortem testing two times at an interval of not less than 12 months, beginning not less than 12 months from being designated NMQ, provided a deer that is not test-eligible when testing under this subsection begins but reaches test-eligible status during the 12-month interval stipulated by this paragraph is not required to be tested twice, but must be tested at least once during the 12-month interval stipulated by this paragraph. The test result must be "not detected"; and(6) a test result of "not detected" for all tests required under paragraph (5) of this subsection is obtained and submitted for each test-eligible deer in the facility.(e) The department may decline to designate a facility as MQ under subsection (d) of this section:(1) if the department determines that a permittee has intentionally failed to test a test-eligible mortality; or(2) upon the recommendation of a licensed veterinarian or epidemiologist employed by the department or TAHC. The recommendation must:(A) be in writing and articulate the specific rationale supporting the recommendation; and(B) may include specific additional testing protocols to be undertaken at the facility that the department considers to be acceptable for rectifying the epidemiological or veterinary deficiencies identified in the recommendation.(f) Upon the successful completion of any additional testing requirements stipulated in the recommendation required by subsection (e) of this section, the department may designate a facility MQ.(g) The department may deny permit renewal for any facility for which substitute ante-mortem test results are utilized for more than 30 percent of the required post-mortem test results, multiplied by five, pursuant to §65.92(d) of this title in more than two reporting years during the life of the permit. This paragraph does not apply to the use of ante-mortem test results to meet the provisions of subsection (a)(1)(C) of this section requiring that a minimum of five percent of the breeding facility inventory be tested annually.(h) Deer required to be reported to the department under §65.605 of this title (relating to Facility Standards and Care of Deer) are considered to be mortalities for the purposes of this division until lawfully recaptured. A deer that is not recaptured will be treated as a mortality that occurred within the facility from which the escape is required to be reported. (i) Deer that according to department records should be present in a breeding facility but cannot be accounted for to the satisfaction of the department are considered to be mortalities for the purposes of this section. Source Note: The provisions of this §65.94 adopted to be effective August 15, 2016, 41 TexReg 5726; amended to be effective July 24, 2017, 42 TexReg 3643; amended to be effective June 5, 2019, 44 TexReg 2728; amended to be effective December 19, 2021, 46 TexReg 8724; amended to be effective April 13, 2025, 50 TexReg 2416. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE B DISEASE DETECTION AND RESPONSE §65.94 Breeding Facility Minimum Movement Qualification https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224710&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 224710 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224710&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 224710 03/11/2026 (a) General. Except as otherwise provided in this division, a breeding facility may transfer breeder deer under a transfer permit that has been activated and approved by the department to:(1) another breeding facility as provided in subsection (b) of this section;(2) an approved release site as provided in subsection (c) of this section; or(3) a DMP facility (however, deer transferred to DMP facilities cannot be recaptured and must be released as provided in the deer management plan)(b) Transfer From Breeding Facility to Breeding Facility.(1) A breeder deer may be transferred from one breeding facility to another breeding facility only if:(A) an ante-mortem test on rectal or tonsil tissue collected from the deer within the eight months immediately preceding the transfer has been returned with test results of "not detected"; and(B) the deer is at least six months of age at the time the test sample required by this subsection is collected.(2) An ante-mortem test result of "not detected" submitted to satisfy the requirements of §65.92(d) of this title (relating to CWD Testing) may be utilized a second time to satisfy the requirements of this subsection, provided the test sample was collected as provided in paragraph (1) of this subsection.(3) A facility from which deer are transferred in violation of this subsection is automatically NMQ and any further transfers are prohibited until the permittee and the owner of the destination facility have complied with the testing requirements of the department, based on an epidemiological assessment as specified in writing.(c) Release Sites; Release of Breeder Deer. (1) An approved release site consists solely of the specific tract of land to which deer are released and the acreage is designated as a release site in TWIMS. A release site owner may modify the acreage registered as the release site to recognize changes in acreage (such as the removal of cross-fencing or the purchase of adjoining land), so long as the release site owner notifies the department of such modifications prior to the acreage modification. The release site requirements set forth in this division apply to the entire acreage modified under the provisions of this paragraph.(2) Liberated breeder deer must have complete, unrestricted access to the entirety of the release site; provided, however, deer may be excluded from areas for safety reasons (such as airstrips) or for the purpose of protecting areas such as crops, orchards, ornamental plants, and lawns from depredation.(3) All release sites onto which breeder deer are liberated must be surrounded by a fence of at least seven feet in height that is capable of retaining deer at all times under reasonable and ordinary circumstances. The owner of the release site is responsible for ensuring that the fence and associated infrastructure retain deer under reasonable and ordinary circumstances.(4) The department will not authorize the liberation of breeder deer at a release site registered in TWIMS following the effective date of this subsection unless the owner of the release site submits to the department a letter of endorsement by a person authorized by the department to conduct fence inspections under the provisions of §65.603 of this title (relating to Application and Permit Issuance) stating that the person has personally conducted an on-site inspection at the facility identified in the application and affirming that the release site is surrounded by a perimeter fence meeting the requirements of paragraph (3) of this subsection. This paragraph does not apply to release sites that have received deer prior to the effective date of this paragraph. It is an offense for any person the department has authorized as a facility inspector to submit the letter of endorsement required by this paragraph if the person has not personally conducted an onsite inspection at the facility. (5) No person may intentionally cause or allow any live deer to leave or escape from a release site onto which breeder deer have been liberated. (6) The owner of a release site where deer from a facility subject to the provisions of §65.99 of this title (relating to Breeding Facilities Epidemiologically Connected to Deer Infected with CWD; Positive Deer Breeding Facilities) or deer from a CWD-positive facility have been released shall maintain a harvest log at the release site that complies with §65.93 of this title (relating to Harvest Log). (7) No person may transfer a breeder deer to a release facility or cause or allow a breeder deer to be transferred to a release facility unless: (A) an ante-mortem test on rectal or tonsil tissue collected from the deer within the eight months immediately preceding the release has been returned with test results of "not detected"; and (B) the deer is at least six months of age at the time the test sample required by this paragraph is collected; and(C) the deer bears the identification prescribed by Parks and Wildlife Code, §43.3561, and any applicable herd plan. (D) A breeder deer that has been released is no longer a breeder deer; however, it is an offense for any person to remove the identification tag required by this section from such deer except as a consequence of reducing the deer to possession following lawful take under a hunting license.(E) An ante-mortem test result of "not detected" submitted to satisfy the requirements of §65.92(d) of this title may be utilized a second time to satisfy the requirements of this paragraph, provided the test sample was collected as provided in subparagraph (A) of this paragraph. (F) A facility from which deer are transferred in violation of this paragraph becomes automatically NMQ and any further transfers are prohibited until the permittee and the owner of the release site have complied with the testing requirements of the department, based on an epidemiological assessment as specified in writing. (d) Trace-out Release Site.(1) A release site is a trace-out release site if it has:(A) received deer directly or indirectly from a positive breeding facility; and(B) it has not been released from a hold order or quarantine related to activity described in subparagraph (A) of this paragraph.(2) The landowner of a trace-out release site must:(A) within 60 days of notification by the department that trace-out release status has been confirmed, remove every trace deer at the release site, either by lawful hunting or as specifically authorized in writing by the department (or both), and submit post-mortem CWD samples for each deer within seven days of mortality; and(B) submit post-mortem CWD test results for 100 percent of all hunter-harvested deer until the department is confident that CWD is not present at the release site or as prescribed in a herd plan.(3) No breeder deer may be transferred to a trace-out release site unless the deer has been tagged in one ear with a button-type RFID tag approved by the department.(e) The owner of a release site that is not in compliance with applicable provisions of this division is ineligible for enrollment or continued participation in the Managed Lands Deer Program under Subchapter A of this chapter. Source Note: The provisions of this §65.95 adopted to be effective August 15, 2016, 41 TexReg 5726; amended to be effective October 7, 2018, 43 TexReg 6663; amended to be effective December 19, 2021, 46 TexReg 8724; amended to be effective January 18, 2024, 49 TexReg 267; amended to be effective April 13, 2025, 50 TexReg 2416. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE B DISEASE DETECTION AND RESPONSE §65.95 Movement of Breeder Deer https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207103&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 207103 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207103&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 207103 03/11/2026 This section applies to the movement of deer under a DMP.(1) The department will not authorize the transfer of deer to a DMP facility from a breeding facility subject to the provisions of §65.99 of this title (relating to Breeding Facilities Epidemiologically Connected to Deer Infected with CWD) or trace-out release site that is not in compliance with the requirements of this division.(2) The department will not authorize the transfer of deer from a DMP facility to any location other than the release site specified in the permit. Source Note: The provisions of this §65.96 adopted to be effective August 15, 2016, 41 TexReg 5726; amended to be effective December 19, 2021, 46 TexReg 8724. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE B DISEASE DETECTION AND RESPONSE §65.96 Movement of DMP Deer https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216433&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 216433 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216433&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 216433 03/11/2026 (a) General.(1) On the effective date of this paragraph the department will cease the issuance of Triple T permits for deer until further notice.(2) The department will not issue a Triple T permit authorizing deer to be trapped at a:(A) release site that has received breeder deer within five years of the application for a Triple T permit;(B) release site that has failed to fulfill the applicable testing requirements of this division;(C) any site where a deer has been confirmed positive for CWD;(D) any site where a deer has tested "suspect" for CWD; or(E) any site under a hold order or quarantine.(3) In addition to the reasons for denying a Triple T permit as provided in §65.107 of this title (relating to Permit Application and Processing) and §65.109 of this title (relating to Issuance of Permit), the department will not issue a Triple T permit if the department determines, based on epidemiological assessment and consultation with TAHC that to do so would create an unacceptable risk for the spread of CWD.(4) All deer released under the provisions of this section must be tagged prior to release in one ear with a button-type RFID tag approved by the department, in addition to the marking required by §65.102 of this title (relating to Disease Detection Requirements). RFID tag information must be submitted to the department.(5) Nothing in this section authorizes the take of deer except as authorized by applicable laws and regulations, including but not limited to laws and regulations regarding seasons, bag limits, and means and methods as provided in Subchapter A of this chapter (relating to Statewide Hunting Proclamation).(6) Except for a permit issued for the removal of urban deer, a test result is not valid unless the sample was collected and tested after the Saturday closest to September 30 of the year for which activities of the permit are authorized.(7) For permits issued for the removal of urban deer, test samples may be collected between April 1 and the time of application.(b) Testing Requirements for Triple T Permit.(1) The department will not issue a Triple T permit unless "not detected" post-mortem test results have been submitted for 15 test-eligible deer from the trap site.(2) CWD testing is not required for deer trapped on any property if the deer are being moved to adjacent, contiguous tracts owned by the same person who owns the trap site property.(c) Testing Requirements for TTP Permit.(1) "Not detected" test results for at least 15 test-eligible deer from the trap site must be submitted.(2) Sample tissues required by this subsection must be submitted within seven days of collection.(3) Test results related to a TTP permit must be submitted to the department by the method prescribed by the department by the May 1 immediately following the completion of permit activities. Source Note: The provisions of this §65.97 adopted to be effective August 15, 2016, 41 TexReg 5726; amended to be effective October 7, 2018, 43 TexReg 6663; amended to be effective December 19, 2021, 46 TexReg 8724; amended to be effective January 18, 2024, 49 TexReg 267. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE B DISEASE DETECTION AND RESPONSE §65.97 Testing and Movement of Deer Pursuant to a Triple T or TTP Permit https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220204&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 220204 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220204&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 220204 03/11/2026 A release site that was not in compliance with the applicable testing requirements of this division in effect between August 15, 2016 and the effective date of this section shall be:(1) required to comply with the applicable provisions of this division regarding CWD testing with respect to release facilities; and(2) ineligible to be a release site for breeder deer or deer transferred pursuant to a Triple T permit or DMP until the release site has complied with paragraph (1) of this section. Source Note: The provisions of this §65.98 adopted to be effective August 15, 2016, 41 TexReg 5726; amended to be effective December 19, 2021, 46 TexReg 8724; amended to be effective January 18, 2024, 49 TexReg 267; amended to be effective August 11, 2024, 49 TexReg 6008. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE B DISEASE DETECTION AND RESPONSE §65.98 Transition Provisions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224711&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 224711 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224711&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 224711 03/11/2026 (a) Effectiveness. To the extent that any provision of this section conflicts with any provision of this division, the provisions of this section prevail. (b) No deer from a facility subject to the provisions of this section may be transferred or liberated except as provided in this section or expressly authorized in a herd plan and then only in accordance with the provisions of this division and the herd plan.(c) Deer transferred under the provisions of this section must be tagged in one ear with a button-type RFID tag approved by the department.(d) Category A trace-out breeding facility.(1) A Category A facility is a trace-out breeding facility: (A) in which all trace deer are alive in the facility; or(B) for which post-mortem test results of "not detected" have been returned for trace deer that have died and all other trace deer are alive and present in the facility.(2) Immediately upon notification by the department of Category A status, a facility is automatically NMQ. Except as provided in paragraph (3) of this subsection, a permittee shall, upon notification by the department of Category A status:(A) within seven days euthanize all trace deer in the breeding facility and submit test samples for each of those deer for post-mortem testing within one business day;(B) inspect the facility daily for mortalities;(C) immediately report all test-eligible mortalities that occur within the facility; and(D) immediately collect test samples from all test-eligible mortalities that occur within the facility and submit the samples for post-mortem testing within one business day of collection.(3) In lieu of the testing requirements prescribed in paragraph (2)(A) of this subsection, a permittee may request the development of a custom testing plan as provided in subsection (h) of this section; provided however, the permittee must comply with the requirements of paragraph (2)(B) - (D) of this subsection.(4) The department in consultation with TAHC may decline to authorize a custom testing plan under subsection (h) of this section if an epidemiological assessment determines that a custom testing plan is inappropriate.(5) The department will not restore MQ status unless CWD "not detected" test results are obtained for all required sample submissions and the permittee has complied with all applicable requirements of this subsection and this division.(e) Category B trace-out breeding facility. (1) A Category B facility is a trace-out breeding facility in which less than 100% of the trace deer that department records indicate were received by the facility are for whatever reason (including but not limited to transfer, release, or escape) available for testing.(2) Immediately upon notification by the department of Category B status; a facility is automatically NMQ and the permittee shall:(A) within seven days euthanize all trace deer in the breeding facility and submit test samples for each of those deer for post-mortem testing within one business day;(B) inspect the facility daily for mortalities;(C) immediately report all test-eligible mortalities that occur within the facility;(D) immediately collect test samples from all test-eligible mortalities that occur within the facility and submit the samples for post-mortem testing within one business day of collection; and(E) conduct ante-mortem testing of all test-eligible deer in the facility as specified in the following:(i) for a facility for which the date of last known exposure is within the immediately preceding 18 months:(I) submit rectal or tonsil biopsy samples; and(II) submit tonsil biopsy samples collected no earlier than 24 months from the date of last known exposure;(ii) for a facility for which the date of last known exposure is not within the immediately preceding 18 months and not at a time prior to the immediately preceding 36 months: collect and submit tonsil biopsy samples no earlier than 24 months from the date of last known exposure; and(iii) for a facility for which the date of last known exposure occurred at a time after the immediately preceding 36 months: collect and submit rectal or tonsil biopsy samples collected no earlier than 36 months from the date of last known exposure.(F) The tissues samples required by subparagraph (E) of this paragraph shall be submitted within 60 days of notification by the department of Category B status.(3) In lieu of the testing requirements prescribed by paragraph (2)(A) and (2)(E) of this subsection, a permittee may request the development of a custom testing plan as provided in subsection (h) of this section; provided, however, the permittee must comply with paragraph (2)(B) - (D) of this subsection. (4) Samples required by paragraph (2)(E) of this subsection shall be submitted no later than 45 days after the applicable last known exposure period, or other date as determined by the department.(5) The department in consultation with TAHC may decline to authorize a custom testing plan under subsection (h) of this section if an epidemiological assessment determines that a custom testing plan is inappropriate.(6) The department will not restore MQ status unless CWD "not detected" test results are obtained for all required sample submissions and the permittee has complied with all applicable requirements of this subsection and this division.(f) The department shall, provided the provisions of this subchapter do not otherwise prevent restoration of MQ status, restore MQ status to a breeding facility that has been designated NMQ under the provisions of subsection (e) of this section as provided in this paragraph.(1) MQ status may be restored for a facility in which all trace deer available for testing are tested in accordance with subsection (e) of this section and trace deer unavailable for testing were received by the trace facility less than 36 months prior to the date of detection in the positive breeding facility, provided:(A) the facility was fenced as specified in §65.605 of this title (relating to Facility Standards and Care of Deer) prior to notification of Category B status;(B) a minimum of 25 percent of the total number of test-eligible deer in the facility have been tested (ante-mortem or post-mortem) with test results of "not detected" during each of the two reporting years immediately preceding notification of Category B status;(C) all unavailable trace-out deer were in the facility for at least 20 months prior to being the subject of an ante-mortem test with results of "not detected"; and(D) beginning two reporting years prior to the designation as a trace facility, the facility has been in continuous compliance with all requirements of:(i) Parks and Wildlife Code, Chapter 43, Subchapter L; (ii) this subchapter; and (iii) Subchapter T of this chapter.(E) Compliance with the requirements of this subsection does not relieve any person of any obligation or requirement of a herd plan. (2) MQ status may be restored for a facility in which:(A) all trace deer available for testing are tested in accordance with subsection (e) of this section; and (B) trace deer unavailable for testing:(i) were received by the trace facility not less than 36 months prior to the date of detection in the positive breeding facility; and (ii) have been the subject of an ante-mortem "not detected" test result within 60 months prior to the date of detection in the positive breeding facility and through the time period the trace deer is no longer available for testing; (C) the facility has been fenced as specified in §65.605 of this title prior to the notification of Category B status; and (D) beginning two reporting years prior to the designation as a trace facility, the facility was in continuous compliance with all requirements of:(i) Parks and Wildlife Code, Chapter 43, Subchapter L; (ii) this subchapter; and(iii) Subchapter T of this chapter.(E) Compliance with the requirements of this subsection does not relieve any person of any obligation or requirement of a herd plan. (g) Trace-in breeding facility. Immediately upon notification by the department of trace-in facility status, a facility is automatically NMQ. (1) A permittee shall, upon notification by the department of trace-in facility status:(A) inspect the facility daily for mortalities;(B) immediately report all test-eligible mortalities that occur within the facility; and(C) immediately collect test samples from all test-eligible mortalities that occur within the facility and submit the samples for post-mortem testing within one business day of collection.(2) The department may restore MQ status to a trace-in facility if all trace deer have been post-mortem tested with results of "not detected."(3) For a trace-in facility for which the provisions of paragraph (2) of this subsection cannot be satisfied, the department may restore MQ status upon:(A) submission of tonsil biopsy ante-mortem test results of "not detected" for all test-eligible deer within the facility, provided the date of the last transfer to a positive facility occurred within the 36 months preceding notification of trace-in facility status by the department; or(B) submission of tonsil or rectal biopsy test results of "not detected" for all test-eligible deer within the facility, provided the date of the last transfer to a positive facility occurred at a time greater than 36 months from notification of trace-in facility status.(C) The test samples required to satisfy the requirements of this paragraph must be submitted within 45 days of notification by the department of trace-in facility status. (4) In lieu of the testing requirements prescribed in this subsection, a permittee may request the development of a custom testing plan as provided in subsection (g) of this section; provided however, the permittee must comply with the requirements of paragraph (1) of this subsection.(4) The department in consultation with TAHC may decline to authorize a custom testing plan under subsection (g) of this section if an epidemiological assessment determines that a custom testing plan is inappropriate.(5) The department will not restore MQ status unless CWD "not detected" test results are obtained for all required sample submissions and the permittee has complied with all applicable requirements of this subsection and this division.(h) Custom Testing Plan. Within seven days of being notified by the department that a breeding facility has been designated a Category A, Category B, or trace-in facility, a permittee may, in lieu of meeting the applicable testing requirements of subsections (d) - (g) of this section, request the development of a custom testing plan by the department in consultation with TAHC based upon an epidemiological assessment conducted by the department and TAHC. A custom testing plan under this subsection is not valid unless it has been approved by the department and TAHC. (1) The department shall temporarily suspend the applicable testing provisions of subsections (d)(2)(A), (e)(2)(A) and (E), and (f) of this section while the epidemiological assessment and custom testing plan development under this subsection take place.(2) Upon the development of a custom testing plan under the provisions of this subsection, the department shall provide the permittee with a copy of the custom testing plan and the permittee shall, within seven days:(A) agree in writing to comply with the provisions of the custom testing plan; or(B) notify the department in writing that the permittee declines to participate in the custom testing plan.(C) If a permittee chooses to decline participation in a custom testing plan under this subsection, the provisions of subsections (d)(2)(A), (e)(2)(A) and (E), and (f) of this section take effect as of the date of the notification required by subparagraph (B) of this paragraph and all time-dependent calculations of those subsections begin.(D) If a permittee agrees in writing to comply with the provisions of a custom testing plan under this subsection, the custom testing plan replaces the testing provisions of subsections (d)(2)(A), (e)(2)(A) and (E), and (f) of this section.(3) A breeding facility designated by the department as Category A, Category B, or trace-in is NMQ as of the date of such notification and remains NMQ until the provisions of the custom testing plan under this subsection have been satisfied.(4) If for any reason the permittee does not comply with the provisions of a custom testing plan under this subsection, the provisions of subsections (d) - (f) of this section resume applicability. (5) The terms of a custom testing plan under this subsection are non-negotiable and final.(i) Positive Facility. (1) Upon notification by the department that CWD is suspected in a deer in a facility, the facility is automatically NMQ and the permittee shall: (A) within 14 days, conduct and submit to the department a pen-by-pen inventory of all deer within the breeding facility, including the location of the pen in which the suspected positive deer was kept at the time the suspect CWD detection occurred;(B) immediately cease all internal movement of animals between pens within the facility, unless such movement is expressly authorized in writing by the department;(C) euthanize the positive deer within seven days of confirmation of the positive test result, if the detection was a result of antemortem testing; (D) euthanize all trace deer within seven days of confirmation of the positive test result, unless authorized by the department or in a herd plan;(E) submit post-mortem test samples from breeder deer euthanized under this subsection within one business day of euthanasia, to include both ears and the identification tag required under Parks and Wildlife Code, Chapter 43, Subchapter L; and (F) inspect the facility daily for mortalities; and (i) immediately report each mortality to the department; (ii) immediately collect test samples from all test-eligible mortalities that occur within the facility; and (iii) submit samples collected under this subsection for post-mortem testing within one business day of the discovery of the mortality. (2) Unless otherwise provided in writing by the department, a permittee must enter into a herd plan within six months of being designated a positive facility or agree to conduct a depopulation of the breeder deer within the facility. (3) Fencing meeting the specifications in §65.605 of this title shall be installed around a positive facility no later than the completion of the herd plan and removal of a quarantine unless the owner of the facility conducts a complete depopulation of the breeder deer. Source Note: The provisions of this §65.99 adopted to be effective December 19, 2021, 46 TexReg 8724; amended to be effective September 19, 2023, 48 TexReg 5146; amended to be effective August 11, 2024, 49 TexReg 6008; amended to be effective April 13, 2025, 50 TexReg 2416. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE B DISEASE DETECTION AND RESPONSE §65.99 Breeding Facilities Epidemiologically Connected to Deer Infected with CWD; Positive Deer Breeding Facilities https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207107&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 207107 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207107&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 207107 03/11/2026 (a) A person who violates a provision of this division or a condition of a deer breeder's permit, DMP, Triple T permit, TTP permit, herd plan, or custom testing plan commits an offense and is subject to the penalties prescribed by the applicable provisions of the Parks and Wildlife Code.(b) A person who possesses or receives white-tailed deer or mule deer under the provisions of this division and/or Subchapters C, D, or T of this chapter is subject to the provisions of TAHC regulations at 4 TAC Chapter 40 (relating to Chronic Wasting Disease) that are applicable to white-tailed or mule deer.(c) A person who fails to comply with a provision of this division or a condition of a deer's breeder permit, DMP, Triple T permit, TTP permit, herd plan, or custom testing plan may be prohibited by the department from future permit eligibility or issuance. Source Note: The provisions of this §65.100 adopted to be effective December 19, 2021, 46 TexReg 8724. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE B DISEASE DETECTION AND RESPONSE §65.100 Violations and Penalties https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204155&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 204155 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204155&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 204155 03/11/2026 The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. All other words and terms shall have the meanings assigned by Parks and Wildlife Code.(1) Aggregate acreage--Contiguous tracts of land, to, from, and between which game animals and game birds have complete and unrestricted access, combined by multiple landowners to create an area of land for the purpose of trapping or releasing game animals or game birds under a permit issued under this subchapter.(2) Amendment--A specific alteration or revision of currently permitted activities, the effect of which does not constitute, as determined by the department, a new trapping, transporting and transplanting operation.(3) Certified Wildlife Trapper--An individual who receives a department-issued permit pursuant to this section.(4) Georeferenced map--A map image incorporating a system of geographic ground coordinates, such as latitude/longitude or Universal Transverse Mercator (UTM) coordinates.(5) Landowner--Any person who has an ownership interest in a tract of land, and includes a person authorized by the landowner to act on behalf of the landowner as the landowner's agent or manager of an aggregate acreage.(6) Natural Habitat--The type of site where a game animal or game bird normally occurs and existing game populations are not dependent on manufactured feed, agricultural products, feeding devices or cover for sustenance.(7) Nuisance Squirrel--A squirrel that is causing damage to personal property.(8) Overpopulation--A condition where the habitat is being detrimentally affected by high animal densities, or where such condition is imminent.(9) Permittee--Any person authorized by a permit to perform activities governed by this subchapter.(10) Processing facility--The specific destination of white-tailed deer trapped and transported pursuant to a permit to trap, transport, and process surplus white-tailed deer where deer will be processed for consumption.(11) Qualified individual--An individual who has a wildlife management plan approved by the department.(12) Release Site--The specific destination of game animals or game birds to be relocated pursuant to a permit issued under this subchapter.(13) Supervisory permittee--A person who supervises the activities of permittees authorized to conduct activities.(14) Trap Site--The specific source of game animals or game birds to be relocated pursuant to a permit issued under this subchapter.(15) Trapping year--The period of time between September 1 of one year and August 31 of the immediately following year.(16) Wildlife Stocking Plans--The stocking plan for:(A) a trap site consists of the biological information about the trap site required by the department on the application for a permit under this subchapter; and(B) a release site consists of:(i) the biological information about the release site required by the department on the application for a permit under this subchapter; or(ii) if the prospective activities involve deer or javelina, a wildlife management plan (WMP) prepared under the provisions of §65.25 of this title (relating to Wildlife Management Plan). Source Note: The provisions of this §65.101 adopted to be effective December 1, 1995, 20 TexReg 9569; amended to be effective November 7, 2000, 25 TexReg 10922; amended to be effective August 15, 2001, 26 TexReg 6024; amended to be effective October 21, 2003, 28 TexReg 9079; amended to be effective August 30, 2005, 30 TexReg 4998; amended to be effective May 3, 2012, 37 TexReg 3170; amended to be effective March 14, 2021, 46 TexReg 1496. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE C PERMITS FOR TRAPPING, TRANSPORTING, AND TRANSPLANTING GAME ANIMALS AND GAME BIRDS §65.101 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204156&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 204156 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204156&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 204156 03/11/2026 (a) The provisions of Subchapter B, Division 2, of this chapter apply to the movement of deer pursuant to a permit issued under this subchapter.(b) All deer released shall be tattooed in one ear with a department-assigned identification number. Source Note: The provisions of this §65.102 adopted to be effective November 28, 2002, 27 TexReg 11152; amended to be effective October 21, 2003, 28 TexReg 9079; amended to be effective October 11, 2004, 29 TexReg 9543; amended to be effective August 30, 2005, 30 TexReg 4998; amended to be effective March 14, 2021, 46 TexReg 1496. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE C PERMITS FOR TRAPPING, TRANSPORTING, AND TRANSPLANTING GAME ANIMALS AND GAME BIRDS §65.102 Disease Detection Requirements https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204157&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 204157 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204157&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 204157 03/11/2026 (a) The department may establish trapping periods, based on biological criteria, when the trapping, transporting, and transplanting of game animals and game birds under this section by individuals will be permitted.(b) Game animals and game birds killed in the process of conducting permitted activities shall count as part of the total number of game animals or game birds authorized by the permit to be trapped.(c) A buck deer transported under the provisions of this subchapter shall have its antlers removed at a point within the first two inches above each pedicel prior to transport.(d) The department will not issue a permit under this subchapter for an activity involving desert bighorn sheep or migratory game birds. Source Note: The provisions of this §65.103 adopted to be effective December 1, 1995, 20 TexReg 9569; amended to be effective November 7, 2000, 25 TexReg 10922; amended to be effective August 15, 2001, 26 TexReg 6024; amended to be effective July 11, 2004, 29 TexReg 6345; amended to be effective August 30, 2005, 30 TexReg 4998; amended to be effective June 30, 2009, 34 TexReg 4338; amended to be effective June 29, 2014, 39 TexReg 4771; amended to be effective March 14, 2021, 46 TexReg 1496. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE C PERMITS FOR TRAPPING, TRANSPORTING, AND TRANSPLANTING GAME ANIMALS AND GAME BIRDS §65.103 Trap, Transport, and Transplant Permit (Triple T) https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156300&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 156300 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156300&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 156300 03/11/2026 (a) All deer trapped and transported pursuant to this section shall be delivered to a processing facility selected by the applicant and approved by the department. Acceptable processing facilities are:(1) Texas Department of Criminal Justice penal facilities located in Palestine and Amarillo;(2) other government-sanctioned penal facilities in the state of Texas;(3) independent facilities in the state of Texas inspected for food safety by the Department of State Health Services; and(4) any other processing facility approved by the department.(b) All carcasses shall be utilized, either by a penal facility, or by donation to a department-approved charitable organization.(c) Deer may be euthanized at either the trap site or the processing facility. If deer are euthanized at the trap site, carcasses must be maintained in edible condition.(d) The permittee is responsible for establishing an acceptable schedule for delivery of deer with the processing facility. However, transport of live, trapped deer shall begin within 20 hours of trapping.(e) The applicant shall specify whether a trap site is the entire political subdivision or property owners' association, or one or more individual tracts within the boundaries of the political subdivision or property owners' association. If the trap site is an individual tract, it must be identified on the permit application.(f) The department may issue a permit under this section to a qualified individual, provided, with respect to the tract of land for which a TTP is sought:(1) the person has been a qualified individual for at least the two-year period immediately preceding an application for a TTP;(2) the qualified individual has been in reasonable compliance, as determined by the department, with the recommendations of the wildlife management plan for each of the two years immediately preceding an application for a TTP; and(3) the qualified individual's wildlife management plan recommends the harvest of at least 100 deer in the year for which a TTP is sought.(g) The department may, at its discretion, require the applicant to supply additional information concerning the proposed trapping, transporting, and processing activity when deemed necessary to carry out the purposes of this subchapter. Source Note: The provisions of this §65.104 adopted to be effective October 21, 2003, 28 TexReg 9079; amended to be effective August 30, 2005, 30 TexReg 4998; amended to be effective May 3, 2012, 37 TexReg 3170. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE C PERMITS FOR TRAPPING, TRANSPORTING, AND TRANSPLANTING GAME ANIMALS AND GAME BIRDS §65.104 Permit to Trap, Transplant, and Process Surplus White-Tailed Deer https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82387&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 82387 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82387&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 82387 03/11/2026 (a) Urban white-tailed deer removal permits may only be issued when the applicant shows, to the department's satisfaction, that:(1) an overpopulation of deer exists at the trap site;(2) hunting is inadequate, because of human health and safety concerns, to reduce the overpopulation;(3) the release site identified by the applicant consists of natural habitat;(4) the addition of white-tailed deer to the release site will not result in immediate overpopulation; and(5) the transplanted deer will be subject to lawful hunting.(b) The department may establish trapping periods, based on biological criteria, when the trapping, transporting and transplanting of white-tailed deer under this section by private individuals will be permitted.(c) The department may, at its discretion, require the applicant to supply additional information concerning the proposed trapping, transporting, and transplanting activity when deemed necessary to carry out the purposes of this subchapter. Source Note: The provisions of this §65.105 adopted to be effective December 1, 1995, 20 TexReg 9569; amended to be effective November 7, 2000, 25 TexReg 10922. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE C PERMITS FOR TRAPPING, TRANSPORTING, AND TRANSPLANTING GAME ANIMALS AND GAME BIRDS §65.105 Urban White-Tailed Deer Removal Permit https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204158&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 204158 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204158&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 204158 03/11/2026 (a) Application.(1) An applicant for a permit under this subchapter shall submit an administratively complete application via an online application designated by the department for that purpose. The department will not process an application that is not administratively complete. An administratively complete application is an application that provides, at a minimum, the following, as indicated on the application form:(A) the specific trap site information indicated on the application form, including a georeferenced map of the trap site;(B) the specific release site information indicated on the application form, including a georeferenced map of the release site;(C) the number of game animals or game birds to be trapped at each trap site;(D) the number of game animals or game birds to be released at each release site; and(E) any additional habitat, population, and monitoring information or data the department deems necessary to evaluate the prospective activity.(2) A single application may specify multiple trap and/or release sites; however, the permit fee prescribed by Chapter 53 of this title (relating to Finance) shall be assessed on a per-release site basis.(3) A single application for a Trap, Transport, and Process Surplus White-tailed Deer Permit may specify multiple trap sites and/or processing facilities.(4) A single application may be submitted for an aggregate acreage, provided:(A) the landowner's name, address, and express consent to join in the aggregate acreage is on file with the department for each tract of land comprising the aggregate acreage;(B) each landowner agrees in writing to the number of game animals or game birds to be trapped or released on that aggregate acreage; and(C) a single landowner has been designated in writing to be the supervisory permittee.(5) A single application may not specify multiple species of game birds and/or game animals.(6) Applications received by the department between September 1 and November 15 in a calendar year shall be approved or denied within 45 days of receipt. Permits for the current trapping year will not be issued for applications received later than the first business day after January 1.(7) The application must be signed by:(A) the applicant;(B) the landowner of each trap site; and(C) the landowner of each release site or the owner or agent of each processing facility, as applicable.(8) The applicant may designate certain persons and/or companies that will be involved in the permitted activities, including direct handling, transport and release of game animals or game birds. In the absence of the permittee, at least one of the named persons and/or companies shall be present during the permitted activities.(b) The department will not issue a permit if the department determines that:(1) the removal of game animals or game birds from the trap site may be detrimental to existing populations or systems;(2) the removal of game animals or game birds from the trap site may detrimentally affect the population status on neighboring properties;(3) the release of game animals or game birds at the release site may be detrimental to existing populations or systems;(4) the release site is outside of the suitable range of the game animal or game bird;(5) the release site does not contain sufficient and/or suitable habitat to sustain a population of released game animals or game birds;(6) the applicant has misrepresented information on the application or associated wildlife stocking plan; or(7) the trapping activity would involve deer held under a Deer Management Permit. Source Note: The provisions of this §65.107 adopted to be effective December 1, 1995, 20 TexReg 9569; amended to be effective August 15, 2001, 26 TexReg 6024; amended to be effective October 21, 2003, 28 TexReg 9079; amended to be effective January 3, 2005, 29 TexReg 12231; amended to be effective August 30, 2005, 30 TexReg 4998; amended to be effective May 23, 2006, 31 TexReg 4223; amended to be effective July 18, 2007, 32 TexReg 4440; amended to be effective June 12, 2013, 38 TexReg 3651; amended to be effective November 17, 2014, 39 TexReg 9044; amended to be effective March 14, 2021, 46TexReg 1496. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE C PERMITS FOR TRAPPING, TRANSPORTING, AND TRANSPLANTING GAME ANIMALS AND GAME BIRDS §65.107 Permit Application and Processing https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204159&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 204159 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204159&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 204159 03/11/2026 (a) Except as may be specifically provided otherwise, permits authorized under this subchapter:(1) will not be issued until the department has conducted an inspection of the prospective release sites, if the department believes inspection is warranted;(2) will be issued only if the application and any associated materials are approved by a Wildlife Division technician or biologist authorized to approve Triple T permit applications; and(3) do not exempt an applicant from the requirements of §§65.150 - 65.162 of this title (relating to Permits for Aerial Management of Wildlife and Exotic Animals).(b) A Triple T permit for deer may be approved without inspection of the release sites, provided:(1) the property is enrolled and in compliance with all applicable provisions of the Conservation Option of the Managed Lands Deer Program under §65.29 of this title (relating to Managed Lands Deer (MLD) Program) during the year of the release;(2) the landowner furnishes a minimum of three years of population data and two years of harvest data, and is in compliance with all requirements of the WMP for the property;(3) the number of deer to be trapped (in addition to the number of deer harvested) does not exceed the population reduction specified in the wildlife management plan for the trap site; and(4) the number of deer to be released does not cause the total population of deer on the release site to exceed the total population size specified in a management plan under the provisions of §65.25 of this title (relating to Wildlife Management Plan (WMP)).(c) In addition to the provisions of Parks and Wildlife Code, Chapter 12, Subchapter G, the department may refuse permit issuance or renewal relating to deer as provided in Subchapter U of this chapter (relating to Authority to Refuse to Issue or Renew Permit).(d) The department shall conduct all reviews of department decisions to deny issuance or renewal of a permit relating to deer under this subchapter in compliance with the provisions of Parks and Wildlife Code, Chapter 12, Subchapter G and Subchapter U of this chapter.(e) The department may refuse to issue a permit under this subchapter relating to game birds and any game animal other than deer to any person who has been finally convicted of, pleaded nolo contendere to, received deferred adjudication, or assessed an administrative penalty for a violation of:(1) Parks and Wildlife Code, Chapter 43, Subchapter C, E, F, G, H, L, or R;(2) a provision of the Parks and Wildlife Code that is not described by paragraph (1) of this subsection that is punishable as a Parks and Wildlife Code:(A) Class A or B misdemeanor;(B) state jail felony; or(C) felony;(3) Parks and Wildlife Code, §63.002; or(4) the Lacey Act (16 U.S.C. §§3371-3378).(f) The department may refuse to issue a permit under this subchapter relating to game birds and any game animal other than deer to any person the department has evidence is acting on behalf of or as a surrogate for another person who is prohibited by the provisions of this subchapter from obtaining a permit.(g) An applicant for a permit under this subchapter relating to game birds and any game animal other than deer may request a review of a decision of the department to refuse issuance of a permit.(1) An applicant seeking review of a decision of the department with respect to the issuance or renewal of a permit must request the review within 10 working days of being notified by the department that the application has been denied.(2) Within 10 working days of receiving a request for review under this section, the department shall establish a date and time for the review.(3) The department shall conduct the review within 30 days of receipt of the request required by paragraph (2) of this subsection, unless another date is established in writing by mutual agreement between the department and the requestor.(4) The request for review shall be presented to a review panel. The review panel shall consist of three department managers with expertise in wildlife management, appointed or approved by the executive director, or designee.(5) The decision of the review panel is final.(h) No person who has been finally convicted of, pleaded nolo contendere to, received deferred adjudication for, or assessed an administrative penalty for an offense listed in this section may participate, assist, or be involved with an activity authorized under this subchapter. Source Note: The provisions of this §65.109 adopted to be effective December 1, 1995, 20 TexReg 9569; amended to be effective August 15, 2001, 26 TexReg 6024; amended to be effective October 21, 2003, 28 TexReg 9079; amended to be effective May 23, 2006, 31 TexReg 4223; amended to be effective August 23, 2010, 35 TexReg 7438; amended to be effective November 17, 2014, 39 TexReg 9044; amended to be effective March 14, 2021, 46 TexReg 1496. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE C PERMITS FOR TRAPPING, TRANSPORTING, AND TRANSPLANTING GAME ANIMALS AND GAME BIRDS §65.109 Issuance of Permit https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204160&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 204160 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204160&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 204160 03/11/2026 (a) The department may place limitations on the hunting or taking of game animals or game birds at a release site that the department deems necessary to facilitate or enhance the establishment of a sustainable population.(b) A permittee may distribute the cost of permitted activities by entering into cost-sharing agreements with other parties involved, but such cost-sharing arrangements shall not violate the provisions of §65.117 of this title (relating to Prohibited Acts).(c) If it is determined by the department that any condition listed on the permit has been violated, the department may suspend the permit after notifying the supervisory permittee that a violation has occurred. All contested cases shall be conducted pursuant to the provisions of Government Code, Chapter 2001.(d) With the exception of permits to trap, transport, and process surplus white-tailed deer where deer at the trap site pose a threat to human health and safety, permits issued pursuant to this subchapter shall expire at the end of the specified trapping period for that species. The maximum period of validity for a permit issued under this subchapter shall not exceed one year.(e) Unattended trapping equipment and devices at trap sites within incorporated areas shall be labeled with the owner's name, complete address, and telephone number; the date of trap site establishment; and the date the trap site was last visited.(f) Unattended trap sites that may pose a human health and safety hazard shall be clearly marked as such. Source Note: The provisions of this §65.111 adopted to be effective December 1, 1995, 20 TexReg 9569; amended to be effective November 7, 2000, 25 TexReg 10922; amended to be effective August 15, 2001, 26 TexReg 6024; amended to be effective October 21, 2003, 28 TexReg 9079; amended to be effective March 14, 2021, 46 TexReg 1496. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE C PERMITS FOR TRAPPING, TRANSPORTING, AND TRANSPLANTING GAME ANIMALS AND GAME BIRDS §65.111 Permit Conditions and Period of Validity https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3587&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3587 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3587&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3587 03/11/2026 To facilitate later field recognition, the permittee may place suitable ear tags on trapped game animals or suitable patagial tags and/or leg bands on trapped game birds. Game animals and game birds may not be otherwise marked unless specifically authorized by the department. Source Note: The provisions of this §65.113 adopted to be effective December 1, 1995, 20 TexReg 9569. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE C PERMITS FOR TRAPPING, TRANSPORTING, AND TRANSPLANTING GAME ANIMALS AND GAME BIRDS §65.113 Marking of Game Animals and Game Birds https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204161&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 204161 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204161&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 204161 03/11/2026 (a) Except as specifically authorized by the department in the provisions of a permit, no person shall trap, transport, or release a game animal or game bird under a permit authorized by this subchapter unless that person has notified the department not less than 12 hours nor more than 48 hours prior to each instance of trapping, transportation, or release. Notification shall be by email to the Law Enforcement Communications Center in Austin, and shall consist of:(1) in the case of trapping or transport, the supervisory permittee's name, permit number, and the date(s) that the trapping or transport will occur; and(2) in the case of release, the date, time, and specific location of the release.(b) A supervisory permittee shall maintain and furnish upon request by a department employee acting within the scope of official duties a current daily activity log containing:(1) the number of game animals or game birds trapped;(2) the sex of game animals or game birds trapped;(3) the locations where game animals or game birds were trapped and released or processed;(4) the dates when trapping occurred;(5) the trapping methods used;(6) any mortality incurred during the permitted activity and the disposition of carcasses; and(7) any completed financial disclosure forms required by subsection (d) of this section.(c) The supervisory permittee shall file a report on a form provided by the department not later than 30 days following the expiration date of the permit. The report shall include, at a minimum:(1) the number of game animals or game birds trapped;(2) the sex of game animals or game birds trapped;(3) the locations where game animals or game birds were trapped and released or processed;(4) the dates when trapping occurred;(5) the trapping methods used;(6) any mortality incurred during the permitted activity and the disposition of carcasses; and(7) the completed financial disclosure forms required by subsection (d) of this section.(d) Upon the completion of trapping activities authorized by a permit under this subchapter, the supervisory permittee shall complete and sign a department-supplied financial disclosure form. The form shall also be signed by the landowner of the trap site (or a full-time employee of the landowner who is authorized to act on the landowner's behalf) prior to the transport of any game animal or game bird. Upon the release or delivery to a processing facility of the game animals or game birds, the form shall be signed by the owner of the release site or processing facility (or a full-time employee of the landowner who is authorized to act on the landowner's behalf or an authorized representative of the processing facility). In the instance that a permit authorizes multiple release sites or processing facilities, a separate department-supplied financial disclosure form shall be required for each trap site/release site or processing facility combination. The form shall be supplied by the department to the supervisory permittee and shall be retained as provided by subsection (b) of this section.(e) All game animals or game birds that die as a result or in the course of activities conducted under a permit issued under authority of this subchapter shall be kept in an edible condition until disposed of by one of the following methods:(1) documented donation to charitable organizations, public hospitals, orphanages, or indigent persons;(2) documented transfer or donation to other persons authorized to receive such specimens under a license or permit issued by the department; or(3) special disposition as prescribed in writing by the department. Source Note: The provisions of this §65.115 adopted to be effective December 1, 1995, 20 TexReg 9569; amended to be effective November 7, 2000, 25 TexReg 10922; amended to be effective October 21, 2003, 28 TexReg 9079; amended to be effective August 30, 2005, 30 TexReg 4998; amended to be effective March 14, 2021, 46 TexReg 1496. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE C PERMITS FOR TRAPPING, TRANSPORTING, AND TRANSPLANTING GAME ANIMALS AND GAME BIRDS §65.115 Notification, Recordkeeping, and Reporting Requirements https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82390&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 82390 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82390&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 82390 03/11/2026 No permit or report is required for a landowner or his/her agent to live trap, transport, and release nuisance squirrels if:(1) local ordinances prohibit the use of means and methods provided by §65.11 of this title (relating to Means and Methods);(2) written permission from the owner of the property where squirrels are to be released:(A) has been obtained prior to transport and release; and(B) is carried while transporting squirrels;(3) trapping devices are:(A) designed to not inflict physical injury to trapped squirrels; and(B) labeled with the owner's name, street address, city, and telephone number;(4) reasonable precautions are made to assure the humane treatment of trapped squirrels; and(5) trapped squirrels are released no later than 24 hours after capture. Source Note: The provisions of this §65.116 adopted to be effective November 7, 2000, 25 TexReg 10922. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE C PERMITS FOR TRAPPING, TRANSPORTING, AND TRANSPLANTING GAME ANIMALS AND GAME BIRDS §65.116 Nuisance Squirrels https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=104858&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 104858 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=104858&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 104858 03/11/2026 (a) A person commits an offense if that person:(1) traps game birds or game animals at any location other than the trap site(s) specified on the permit;(2) releases game birds or game animals at any location other than the release site(s) specified on the permit or delivers deer to a location other than a processing facility specified on the permit;(3) violates any of the conditions listed on the permit;(4) does not take reasonable precautions to maximize the humane treatment of and to minimize the stress on trapped game animals or game birds;(5) does not take reasonable precautions to minimize human health and safety risks during all aspects of permitted trapping, transporting, and transplanting operations; or(6) except for inedible parts of white-tailed deer carcasses obtained pursuant to a Trap, Transport, and Process Surplus White-tailed Deer Permit, sells, barters, or otherwise exchanges or accepts anything of value for a game animal or game bird obtained under a permit issued under this subchapter.(b) Game animals or game birds being transported under a permit authorized by this subchapter shall not be removed from the transport vehicle prior to arrival at the release site unless such removal is immediately necessary to maintain the health of the game animals or game birds. If such removal is necessary, transport activities must resume within 24 hours.(c) Except as provided by Parks and Wildlife Code, Chapter 43, or §65.610(i) of this title (relating to Transport of Deer and Transport Permit), no person may possess, transport, or cause the transportation of deer in a trailer or vehicle unless the trailer or vehicle exhibits an applicable inscription, as specified in this subsection, on the rear surface of the trailer or vehicle. The inscription shall read from left to right and shall be plainly visible at all times while possessing or transporting deer upon a public roadway. The inscription shall be attached to or painted on the trailer or vehicle in block, capital letters, each of which shall be of no less than six inches in height and three inches in width, in a color that contrasts with the color of the trailer or vehicle. For a Trap, Transport, and Transplant Permit or an Urban White-tailed Deer Removal Permit, the inscription shall be "TTT". For a Trap, Transport, and Process Surplus White-tailed Deer Permit, the inscription shall be "TTP". Source Note: The provisions of this §65.117 adopted to be effective December 1, 1995, 20 TexReg 9569; amended to be effective November 7, 2000, 25 TexReg 10922; amended to be effective October 21, 2003, 28 TexReg 9079. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE C PERMITS FOR TRAPPING, TRANSPORTING, AND TRANSPLANTING GAME ANIMALS AND GAME BIRDS §65.117 Prohibited Acts https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165931&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 165931 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165931&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 165931 03/11/2026 A person who violates a provision of this subchapter, a condition of any permit issued pursuant to this subchapter, or any provision of Parks and Wildlife Code, Chapter 43, Subchapter E, commits an offense and is subject to the penalties prescribed by Parks and Wildlife Code, §12.405 or §12.406, as applicable. Source Note: The provisions of this §65.119 adopted to be effective December 1, 1995, 20 TexReg 9569; amended to be effective February 16, 2014, 39 TexReg 768. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE C PERMITS FOR TRAPPING, TRANSPORTING, AND TRANSPLANTING GAME ANIMALS AND GAME BIRDS §65.119 Penalties https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169847&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 169847 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169847&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 169847 03/11/2026 (a) The department may issue a Deer Management Permit to a person who has met the requirements of §65.132 of this title (relating to Permit Application).(b) A person who possesses a valid Deer Management Permit may trap and detain wild deer according to the provisions of this subchapter and Parks and Wildlife Code, Chapter 43, Subchapter R. A permittee shall abide by the terms of an approved deer management plan.(c) The provisions of Parks and Wildlife Code, Chapter 43, Subchapters C, E, and L do not apply to deer lawfully being held in possession under authority of a valid DMP. Source Note: The provisions of this §65.131 adopted to be effective August 20, 1998, 23 TexReg 8458; amended to be effective August 15, 2001, 26 TexReg 6027; amended to be effective August 30, 2005, 30 TexReg 5002; amended to be effective May 23, 2006, 31 TexReg 4225; amended to be effective July 18, 2007, 32 TexReg 4440; amended to be effective June 12, 2013, 38 TexReg 3651; amended to be effective November 17, 2014, 39 TexReg 9044. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE D DEER MANAGEMENT PERMIT (DMP) §65.131 Deer Management Permit (DMP) https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169848&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 169848 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169848&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 169848 03/11/2026 (a) Applicants for a DMP shall complete and submit an application on a form supplied by the department. Applications for a DMP shall be accompanied by a deer management plan containing the information stipulated by the application form and the nonrefundable fee as specified in Chapter 53, Subchapter A, of this title (relating to Fees). Incomplete applications will not be processed until complete. A DMP will not be issued unless the applicant's deer management plan has been approved by a Wildlife Division technician or biologist assigned to write wildlife management plans. (b) A permit under this subchapter is valid from the date of issuance through the last release date authorized under the permit or the date that release occurs, whichever comes first. (c) A person who receives deferred adjudication for, pleads nolo contendere to, or is convicted of a violation involving §65.136 of this title (relating to Release) is prohibited from obtaining a DMP for a period of three years from the date the conviction is obtained or deferred adjudication was received. (d) In addition to the provisions of Parks and Wildlife Code, Chapter 12, Subchapter G, the department may refuse permit issuance or renewal as provided in Subchapter U of this chapter (relating to Authority to Refuse to Issue or Renew Permit). (e) The department shall conduct all reviews of department decisions to deny issuance or renewal of a permit under this subchapter in compliance with the provisions of Parks and Wildlife Code, Chapter 12, Subchapter G and Subchapter U of this chapter. Source Note: The provisions of this §65.132 adopted to be effective August 20, 1998, 23 TexReg 8458; amended to be effective October 18, 2001, 26 TexReg 8187; amended to be effective January 3, 2005, 29 TexReg 12232; amended to be effective May 23, 2006, 31 TexReg 4225; amended to be effective August 23, 2010, 35 TexReg 7438; amended to be effective June 29, 2014, 39 TexReg 4772; amended to be effective November 17, 2014, 39 TexReg 9044. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE D DEER MANAGEMENT PERMIT (DMP) §65.132 Permit Application https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208486&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 208486 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208486&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 208486 03/11/2026 (a) Deer detained under a DMP shall not be commingled with deer held under any other license or permit, except as provided under this subchapter.(b) Any deer introduced into a pen containing deer detained under a DMP become free-ranging deer and must be released according to the provisions of §65.136 of this title (relating to Release of Deer).(c) If approved under the deer management plan, deer held under the provisions of Subchapter T of this chapter (relating to Deer Breeder Permits) may be introduced into a pen containing deer detained under a DMP. Such deer may not be recaptured and must be released with all other deer required to be released under the provisions of §65.136 of this title to become free-ranging deer.(d) If approved under the deer management plan, deer held under the provisions of Subchapter C of this chapter (relating to Permits for Trapping, Transporting, and Transplanting Game Animals and Game Birds) may be released into a pen containing deer detained under a DMP; however, at the time of release from the DMP pen the property for which the DMP has been issued must meet the release-site requirements established in Subchapter C of this chapter.(e) The holder of a DMP is entitled to the issuance of Managed Lands Deer Program tags subject to the provisions of §65.29 of this title (relating to Managed Lands Deer (MLD) Program).(f) A DMP authorizes the permittee to detain deer for natural breeding only.(g) No deer, parts of deer, or by-products of any deer held under a DMP may be sold, bartered, or traded for any consideration. Source Note: The provisions of this §65.133 adopted to be effective August 20, 1998, 23 TexReg 8458; amended to be effective August 15, 2001, 26 TexReg 6027; amended to be effective August 30, 2005, 30 TexReg 5002; amended to be effective March 14, 2021, 46 TexReg 1499; amended to be effective April 18, 2022, 47 TexReg 2030. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE D DEER MANAGEMENT PERMIT (DMP) §65.133 General Provisions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146926&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 146926 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146926&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 146926 03/11/2026 (a) No pen used to detain deer under a DMP shall be more than 100 acres in area or less than five acres in area.(b) A pen must contain at least 50,000 square feet of natural vegetation of the type typically used by white-tailed deer for concealment and cover.(c) Exceptions.(1) The department may issue a DMP for a property that includes a pen of less than five acres in area, provided:(A) the pen contains at least 50,000 square feet of natural vegetation of the type typically used by white-tailed deer for concealment and cover;(B) the pen was authorized under a DMP in the 2010 - 2011 permit year; and(C) the property for which the DMP is sought is owned by one of the following:(i) the same person who owned the property as of September 1, 2011; or(ii) a spouse or child (including a legal entity through which a spouse or child has an ownership interest in the property) of the person who owned the property as of September 1, 2011, if the spouse or child obtained their ownership interest in the property by inheritance, will, intestate succession, gift, transfer, or sale from the person who owned the property as of September 1, 2011.(2) The department may issue a DMP for a property that includes a pen containing less than 50,000 square feet of natural vegetation of the type typically used by white-tailed deer for concealment and cover, provided:(A) the pen includes at least five acres in area;(B) the pen was part of an approved facility in the 2010 - 2011 permit year;(C) the property for which the DMP is sought is owned by one of the following:(i) the same person who owned the property as of September 1, 2011; or(ii) a spouse or child (including a legal entity through which a spouse or child has an ownership interest in the property) of the person who owned the property as of September 1, 2011, if the spouse or child obtained their ownership interest in the property by inheritance, will, intestate succession, gift, transfer, or sale from the person who owned the property as of September 1, 2011.(3) The provisions of subsections (a) and (b) of this section apply to all applications that do not qualify for an exception under the provisions of subsection (c) of this section.(d) Except for fawns born in a DMP facility during the current permit year, no pen at any time shall contain more than:(1) one buck deer; and/or(2) 20 doe deer. Source Note: The provisions of this §65.134 adopted to be effective August 20, 1998, 23 TexReg 8458; amended to be effective July 18, 2007, 32 TexReg 4440; amended to be effective August 4, 2010, 35 TexReg 6673. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE D DEER MANAGEMENT PERMIT (DMP) §65.134 Facility Standards https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167784&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 167784 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167784&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 167784 03/11/2026 (a) No trapping of deer under a DMP may take place between December 15 and August 31 of any year.(b) The holder of valid DMP may replace a buck deer that dies in a DMP pen after being lawfully introduced, provided:(1) such replacement takes place no later than January 31 of the current permit year; and(2) the replacement buck deer to be introduced to a DMP pen under the provisions of this subsection is obtained from:(A) the acreage for which the DMP was issued;(B) the holder of a valid permit issued under the provisions of Subchapter C of this chapter (relating to Permits to Trap, Transport, and Transplant Game Animals and Game Birds) that authorizes the DMP property as the release site; or(C) the holder of a valid permit held under the provisions of Subchapter T of this chapter (relating to Deer Breeder Permits), if the DMP holder's deer management plan authorizes the introduction of deer from a deer breeder facility.(c) The replacement of a buck deer under the provisions of subsection (b) of this section may not take place until after the department has been notified via the department's Internet-based notification system that:(1) the death of a buck deer in a DMP pen has occurred; and(2) the DMP holder intends to replace the dead buck deer. Source Note: The provisions of this §65.135 adopted to be effective August 20, 1998, 23 TexReg 8458; amended to be effective August 30, 2005, 30 TexReg 5002; amended to be effective July 18, 2007, 32 TexReg 4440; amended to be effective June 29, 2014, 39 TexReg 4772. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE D DEER MANAGEMENT PERMIT (DMP) §65.135 Detention of Deer https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167782&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 167782 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167782&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 167782 03/11/2026 (a) Release of deer shall be effected by removing, for a total of at least 20 feet, those components of a pen that serve to maintain deer in a state of detention within the pen; however, no opening shall be less than 10 feet in width. Such components shall be removed for no fewer than 30 consecutive days.(b) At any time that components of a pen are removed or manipulated for the purposes of releasing wild deer, all externally provided food and water (i.e., food or water that does not naturally occur at the site) shall be removed or made inaccessible to deer for no fewer than 30 days.(c) All deer within a DMP pen shall be released on or before the date specified for the facility by the department. The period of validity for a DMP terminates when any deer are released under the provisions of this section.(d) Except for deer authorized by the department for release elsewhere under a permit to trap, transport, and transplant game animals and game birds, all deer released from a DMP pen shall be released directly into the pasture where they were captured for the purposes of activities under this subchapter.(e) The holder of a DMP shall notify the department no later than 48 hours following the release of deer under this section. The notification shall be via the department's Internet-based notification application. Source Note: The provisions of this §65.136 adopted to be effective August 20, 1998, 23 TexReg 8458; amended to be effective October 18, 2001, 26 TexReg 8187; amended to be effective August 30, 2005, 30 TexReg 5002; amended to be effective July 18, 2007, 32 TexReg 4440; amended to be effective August 4, 2010, 35 TexReg 6673; amended to be effective June 29, 2014, 39 TexReg 4772. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE D DEER MANAGEMENT PERMIT (DMP) §65.136 Release of Deer https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18973&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18973 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18973&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18973 03/11/2026 A permittee shall, within ten days of disposing of any deer under the provisions of this section, complete and forward to the department a department-issued or department-approved disposition receipt form accounting for each deer disposed of under the provisions of this section. All deer that die as a result or in the course of activities conducted under a DMP shall be kept in an edible condition and disposed of by one of the following methods:(1) donation to charitable organizations, public hospitals, orphanages, or indigent persons;(2) transfer or donation to other persons authorized to receive such specimens under a license or permit issued by the department; or(3) special disposition as prescribed in writing by the department. Source Note: The provisions of this §65.137 adopted to be effective August 20, 1998, 23 TexReg 8458. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE D DEER MANAGEMENT PERMIT (DMP) §65.137 Disposition of Mortalities https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=124653&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 124653 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=124653&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 124653 03/11/2026 A person who violates any provision of this subchapter commits an offense and is subject to the penalties prescribed by Parks and Wildlife Code, Chapter 43, Subchapter R. Source Note: The provisions of this §65.138 adopted to be effective August 20, 1998, 23 TexReg 8458; amended to be effective August 30, 2005, 30 TexReg 5002; amended to be effective May 23, 2006, 31 TexReg 4225. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE D DEER MANAGEMENT PERMIT (DMP) §65.138 Violations and Penalties https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119642&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 119642 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119642&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 119642 03/11/2026 These rules apply to all the counties in Texas. Source Note: The provisions of this §65.150 adopted to be effective April 4, 2005, 30 TexReg 1952. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE F PERMITS FOR AERIAL MANAGEMENT OF WILDLIFE AND EXOTIC SPECIES §65.150 Applicability https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211395&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 211395 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211395&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 211395 03/11/2026 The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Aerial Management Permit (AMP)--A permit issued by the department to count, photograph, relocate, capture, hunt or take wildlife or exotic animals by the use of aircraft.(2) Aircraft--A mechanical or other device used for flight in the air.(3) Applicant--An individual who files an application for an AMP.(4) Department--The Texas Parks and Wildlife Department or a specifically authorized employee of the department.(5) FAA--The Federal Aviation Administration of the United States Department of Transportation.(6) Gunner--(A) A Landowner, Agent, or Subagent who captures, takes, shoots, or attempts to capture, take, or shoot wildlife or exotic animals from an aircraft; and(B) any person who participates in the capture, take, shooting, or attempted capture, take, or shooting of feral hogs as a result of the use of a drone to locate feral hogs for purposes of eventual take or capture.(7) Landowner's authorization (LOA)--Signed consent from the Landowner or Agent to manage a specified number of wildlife or exotic animals from an aircraft on certain property.(8) Landowner's authorized agent (Agent)--A person authorized by a Landowner to act on behalf of the Landowner.(9) Observer--A person other than a pilot or gunner who is on board an aircraft during AMP activities.(10) Pilot--An individual who controls an aircraft to count, photograph, relocate, capture, or take wildlife or exotic animals, and includes a co-pilot.(11) Qualified Landowner, Agent, or Subagent--A person who is not prohibited from acting as a gunner under the provisions of §65.154(d) of this title (relating to Issuance of Permit; Amendment and Renewal).(12) Subagent--A person designated by an Agent to act as a gunner for the purpose of taking of feral hogs or coyotes.(13) Unmanned Aerial Vehicle (UAV, or drone)--An aircraft that is remotely controlled or flown by an operator who is not physically present in the aircraft while it is flying. Source Note: The provisions of this §65.151 adopted to be effective April 4, 2005, 30 TexReg 1952; amended to be effective October 30, 2011, 36 TexReg 7343; amended to be effective January 4, 2017, 41 TexReg 4037; amended to be effective January 1, 2023, 47 TexReg 8732. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE F PERMITS FOR AERIAL MANAGEMENT OF WILDLIFE AND EXOTIC SPECIES §65.151 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211396&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 211396 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211396&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 211396 03/11/2026 (a) A person who holds an AMP is authorized to engage in the management of wildlife and exotic animals by the use of aircraft only on the tract(s) of land specified in the LOA. The AMP must be carried in an aircraft when the aircraft is engaged in activities authorized by the AMP, unless the aircraft is a UAV, in which case the AMP shall be in possession of the operator.(b) A pilot of an aircraft used for the management of wildlife or exotic animals must maintain, on a daily basis, a flight log and report. The daily flight log must be current and available for inspection by game wardens at reasonable times. Each AMP holder and pilot shall comply with all FAA regulations for the specific type of aircraft listed on their AMP.(c) It is lawful for a person who holds an AMP to contract with a qualified Landowner, Agent, or Subagent to act as a gunner the taking of depredating feral hogs or coyotes from a helicopter, provided:(1) the contract is in writing and signed by the Landowner or Agent;(2) a department-approved Subagent authorization form has been properly executed and is in the physical possession of the Subagent during all AMP activities in which the Subagent participates; and(3) the AMP holder possesses a valid, properly executed LOA.(d) A person (which includes a pilot, applicant, gunner, observer, or Subagent) commits an offense if:(1) the person counts, photographs, relocates, captures, hunts, or takes or attempts to count, photograph, relocate, capture, hunt, or take from an aircraft any wildlife or exotic animals other than wildlife or exotic animals authorized by the AMP and LOA;(2) the person intentionally harasses any wildlife or exotic animals by the use of an aircraft other than wildlife or exotic animals authorized in an AMP and LOA;(3) the person participates in the take or attempted take of any wildlife or exotic animal other than depredating feral hogs or coyotes without having on his or her person a valid hunting license issued by the department;(4) the person pilots an aircraft to manage wildlife or exotic animals without a valid pilot's license as required by the FAA;(5) the person pays, barters, or exchanges anything of value to participate as a gunner, observer, or Subagent except as may be otherwise provided in this subchapter;(6) the person acting as a gunner or pilot under an AMP takes or attempts to take any wildlife or exotic animals for any purpose other than is necessary to protect or to aid in the administration of lands, water, wildlife, livestock, domesticated animals, human life, or crops, except that any wildlife or exotic animals, once lawfully taken pursuant to this subchapter may be sold if their sale is not otherwise prohibited;(7) the person acting as a gunner or pilot takes or attempts to take wildlife or exotic animals during the hours between 1/2-hour after sunset and 1/2-hour before sunrise;(8) the person operates an aircraft for the management of wildlife or exotic animals and is not named as an authorized pilot by an AMP;(9) the person takes, kills, captures, or attempts to take, kill, or capture more wildlife or exotic animals on properties than are specified in the LOA;(10) the person uses an AMP for the purpose of sport hunting;(11) the person is engaging in AMP activities and pilots an aircraft over land for which the person has not received written permission to overfly, except as is necessary to gain initial access to the land described in the LOA prior to commencing AMP activities and to leave following the conclusion of AMP activities; or(12) the person otherwise violates a provision of this subchapter.(e) It is lawful for a pilot operating under a valid AMP or AMP holder to use a UAV at any time solely for the purpose of locating feral hogs; however, no person may take or attempt to take feral hogs from a UAV.(f) These rules do not exempt any person from the requirement for other licenses or permits required by statute or rule of the commission.(g) The department may waive the fee requirements of this subchapter for an employee of a governmental entity acting in the scope and course of official duties.(h) The department will not approve an LOA for the take of feral hogs on a tract of land where feral hogs have been released or liberated by or with the approval of the Landowner or Agent for the purpose of being hunted. Source Note: The provisions of this §65.152 adopted to be effective April 4, 2005, 30 TexReg 1952; amended to be effective October 30, 2011, 36 TexReg 7343; amended to be effective January 4, 2017, 41 TexReg 4037; amended to be effective January 1, 2023, 47 TexReg 8732. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE F PERMITS FOR AERIAL MANAGEMENT OF WILDLIFE AND EXOTIC SPECIES §65.152 General Rules https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178077&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178077 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178077&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178077 03/11/2026 An applicant for an AMP shall complete and submit an application on a form prescribed by the department. The application shall contain the description, including make, model, color, and registration number of each aircraft to be used. The name of each pilot shall be shown exactly as it appears on the pilot's FAA license, along with a current address and date of birth of the applicant (date of birth not applicable if corporation), Social Security number, and the name, address, hunting license number or driver's license number, and date of birth of each pilot. Source Note: The provisions of this §65.153 adopted to be effective April 4, 2005, 30 TexReg 1952; amended to be effective January 4, 2017, 41 TexReg 4037. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE F PERMITS FOR AERIAL MANAGEMENT OF WILDLIFE AND EXOTIC SPECIES §65.153 Application for Permit https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211060&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 211060 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211060&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 211060 03/11/2026 (a) Upon the filing of a properly executed application and payment of the fee specified by §53.15 of this title (relating to Miscellaneous Fisheries and Wildlife Licenses and Permits), the department may issue or renew an AMP to an individual if:(1) the applicant will use the AMP only for the purpose of protecting or aiding in the administration or protection of land, water, wildlife, livestock, domesticated animals, human life, or crops; and(2) the AMP requested, in the judgment of the department, will aid in the management of wildlife and exotic animals and will not have a deleterious effect on indigenous species.(b) The permit shall include the following information:(1) the name and address of the individual applicant;(2) the authorized pilot's name, address, date of birth, and FAA Certificate number;(3) the authorized aircraft; and(4) the issue and expiration date of the permit.(c) The department may amend an AMP following the completion and submission of a form provided by the department. An application for amendment is subject to the same issuance criteria as the original application for an AMP.(d) No person who has been finally convicted of, pleaded nolo contendere to, received deferred adjudication for, or assessed an administrative penalty for an offense listed in this section may act or contract to act as a gunner for an AMP holder.(e) An AMP is not transferable or assignable. Source Note: The provisions of this §65.154 adopted to be effective April 4, 2005, 30 TexReg 1952; amended to be effective January 4, 2017, 41 TexReg 4037; amended to be effective July 29, 2021, 46 TexReg 4460; amended to be effective December 4, 2022, 47 TexReg 7909. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE F PERMITS FOR AERIAL MANAGEMENT OF WILDLIFE AND EXOTIC SPECIES §65.154 Issuance of Permit; Amendment and Renewal https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119647&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 119647 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119647&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 119647 03/11/2026 A permit is valid for a period of one year from the date of issuance unless sooner terminated or revoked. Source Note: The provisions of this §65.155 adopted to be effective April 4, 2005, 30 TexReg 1952. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE F PERMITS FOR AERIAL MANAGEMENT OF WILDLIFE AND EXOTIC SPECIES §65.155 Period of Validity of Permit https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184867&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 184867 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184867&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 184867 03/11/2026 (a) Prior to managing wildlife or exotic animals, an AMP holder must submit to the department, on a department-approved form, an LOA for each tract of land where AMP activities are proposed to take place and may not conduct AMP activities until the department has approved the LOA. The LOA must be signed by the AMP holder and the Landowner or Agent and must be in the physical possession of the person using an aircraft to manage wildlife or exotic animals during all AMP activities. The LOA shall include:(1) the name, address, and phone number of the Landowner;(2) the name, address, and phone number of the authorized Landowner's Agent, if applicable;(3) the name and AMP number of the AMP holder;(4) the farm or ranch name and specific location of the property;(5) a georeferenced map (a map image incorporating a system of geographic ground coordinates, such as latitude/longitude or Universal Transverse Mercator (UTM) coordinates) showing the exact boundaries of the property on which AMP activities are to be conducted, accompanied by a written statement signed by the Landowner or Agent confirming that the map is true and correct;(6) the yearly number of individual animals of each species of wildlife or exotic animals to be managed by use of aircraft and the reason why these animals should be managed; and(7) if game animals or game birds are to be captured by the use of aircraft, the permit number of a valid permit issued under the provisions of Subchapters E or J of this chapter.(b) An LOA is valid for the time period specified in the authorization or the life of the AMP unless the AMP expires without renewal, is suspended or revoked, or is invalidated by the Landowner by notifying the department in writing.(c) A single LOA form may be submitted by a group of Landowners or by an association on behalf of such landowners. The LOA form shall have attached a list of participating landowner names, ranch names, addresses, acreage, and a georeferenced map (a map image incorporating a system of geographic ground coordinates, such as latitude/longitude or UTM coordinates) showing the exact boundaries of each property for each participating Landowner. The LOA may be signed by one authorized Agent who represents the group of landowners or an association.(d) The Landowner or the Landowner's Agent shall ensure that information included in the LOA is true and correct prior to executing an authorization.(e) An expedited LOA may be obtained solely for the purpose of preventing the depredation of livestock, with the prior written approval of a game warden assigned to the county where the prospective management of wildlife or exotic animals is to be performed, or that warden's immediate or second-line supervisor, following submission to the game warden (or supervisor) of:(1) a completed, department-approved application for expedited LOA for the property where the management of wildlife or exotic animals is to be performed; and(2) a map clearly indicating the location and boundaries of the property where the management of wildlife or exotic animals is to be performed.(f) Upon approval by the game warden (or supervisor), the AMP holder may conduct the authorized activities, but must, within 72 hours of completion of the activities authorized under the expedited LOA, complete and submit a LOA application to the department via the department's online system. Source Note: The provisions of this §65.160 adopted to be effective April 4, 2005, 30 TexReg 1952; amended to be effective January 4, 2017, 41 TexReg 4037; amended to be effective July 17, 2017, 42 TexReg 3541. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE F PERMITS FOR AERIAL MANAGEMENT OF WILDLIFE AND EXOTIC SPECIES §65.160 Landowner Authorization (LOA) https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178080&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178080 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178080&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178080 03/11/2026 (a) The holder of an AMP shall file with the department within 30 days following the end of each calendar quarter or on termination of the AMP, whichever occurs first, a daily flight log and report, on a form prescribed by the department, showing:(1) name, signature (or electronic affirmation of consent), and AMP number of the AMP holder;(2) number and description of the wildlife or exotic animals managed under the AMP;(3) the LOA control number issued by the department;(4) the dates of authorized flights taken;(5) the time of day an authorized flight is completed;(6) type of management by use of aircraft performed;(7) the name of pilot(s); and(8) the name, address, and hunting license or government-issued identification number of the gunner(s).(b) Information required on the daily flight log and report shall be entered daily immediately upon completion of an authorized flight. Stopping to refuel does not constitute completion of a flight.(c) The holder of an AMP shall be required to file with the department a negative daily flight log and report, if there are no management flights for the calendar quarter.(d) The reports required by this section shall be filed electronically. Source Note: The provisions of this §65.161 adopted to be effective April 4, 2005, 30 TexReg 1952; amended to be effective January 4, 2017, 41 TexReg 4037. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE F PERMITS FOR AERIAL MANAGEMENT OF WILDLIFE AND EXOTIC SPECIES §65.161 Reports https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119649&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 119649 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119649&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 119649 03/11/2026 The penalties for violations of these rules are prescribed by the Parks and Wildlife Code, §43.111. Source Note: The provisions of this §65.162 adopted to be effective April 4, 2005, 30 TexReg 1952. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE F PERMITS FOR AERIAL MANAGEMENT OF WILDLIFE AND EXOTIC SPECIES §65.162 Penalty https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82678&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 82678 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82678&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 82678 03/11/2026 (a) The provisions of this subchapter apply to any species of wildlife listed in this state as threatened or endangered, living or dead, including parts.(b) Except as otherwise provided in this subchapter or Parks and Wildlife Code, Chapters 67 or 68, no person may:(1) take, possess, propagate, transport, export, sell or offer for sale, or ship any species of fish or wildlife listed by the department as endangered; or(2) take, possess, propagate, transport, import, export, sell, or offer for sale any species of fish or wildlife listed in this subchapter as threatened.(3) sell or propagate for sale any species of fish or wildlife listed by the department as endangered, unless that person also possesses an endangered species propagation permit.(c) Any person may possess, transport, import, export, sell, or offer for sale goods made from fish or wildlife listed in this subchapter as threatened, provided the person possesses:(1) a copy of an out-of-state permit authorizing the possession of the specimens in the state of origin, valid at the time the specimen enters Texas;(2) a bill of sale identifying the source of the specimen; or(3) a notarized affidavit stating the source of the specimen and that the specimen(s) was legally obtained.(d) Any person may possess or transport lawfully obtained live, mounted, or preserved specimens of threatened or endangered species, including specimens acquired in another state, provided the person complies with the provisions of subsection (c)(1)-(3) of this section. Source Note: The provisions of this §65.171 adopted to be effective November 16, 2000, 25 TexReg 11289. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE G THREATENED AND ENDANGERED NONGAME SPECIES §65.171 General Provisions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82679&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 82679 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82679&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 82679 03/11/2026 (a) Any person may transport threatened or endangered species to the nearest Department of Health or medical facility if the species poses an immediate threat to human safety or welfare.(b) An enrolled member of a Indian tribe recognized by the Bureau of Indian Affairs may possess parts of birds listed as threatened or endangered, provided the person also possesses a federal permit authorizing such possession. Source Note: The provisions of this §65.172 adopted to be effective November 16, 2000, 25 TexReg 11289. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE G THREATENED AND ENDANGERED NONGAME SPECIES §65.172 Exceptions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=97161&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 97161 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=97161&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 97161 03/11/2026 (a) No person may release a threatened or endangered species except as specifically provided by the department in a letter of authorization issued prior to release.(b) The department may issue a letter of authorization allowing the temporary possession of threatened and endangered species for relocation purposes.(1) Letters of authorization shall be issued only to competent persons experienced in the biological sciences who are:(A) employed by a governmental entity; or(B) engaged in paid environmental consultancy regarding the activities for which the letter of authorization is sought.(2) Letters of authorization shall be issued to named persons only.(3) The activities authorized by a letter of authorization shall be performed only by the person in whose name the letter of authorization is issued.(4) All animals possessed under a letter of authorization shall be relocated and released as quickly as possible without placing avoidable stress on the animals.(5) All relocated animals shall be released to suitable habitat.(6) A letter of authorization does not absolve any person from compliance with any other applicable state or federal law. Source Note: The provisions of this §65.173 adopted to be effective November 16, 2000, 25 TexReg 11289; amended to be effective October 28, 2002, 27 TexReg 10041. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE G THREATENED AND ENDANGERED NONGAME SPECIES §65.173 Special Provisions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82681&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 82681 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82681&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 82681 03/11/2026 Every live mammal or turtle possessed under the provisions of this subchapter or the provisions of Parks and Wildlife Code, Chapter 68, shall be marked with a unique four-digit alphanumeric identifier by means of a permanent tag, tattoo, band, or passive inductive transponder (PIT) tag. Source Note: The provisions of this §65.174 adopted to be effective November 16, 2000, 25 TexReg 11289. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE G THREATENED AND ENDANGERED NONGAME SPECIES §65.174 Permanent Identification https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198954&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 198954 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198954&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 198954 03/11/2026 A threatened species is any species that the department has determined is likely to become endangered in the future. The following species are hereby designated as threatened species:Attached Graphic Source Note: The provisions of this §65.175 adopted to be effective November 16, 2000, 25 TexReg 11289; amended to be effective May 13, 2009, 34 TexReg 2793; amended to be effective January 17, 2010, 35 TexReg 249; amended to be effective May 3, 2012, 37 TexReg 3171; amended to be effective March 23, 2015, 40 TexReg 1711; amended to be effective March 30, 2020, 45 Texreg 2188. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE G THREATENED AND ENDANGERED NONGAME SPECIES §65.175 Threatened Species https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198955&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 198955 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198955&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 198955 03/11/2026 A species that is indigenous to the state of Texas and listed by the federal government as endangered automatically receives state protection as an endangered species under Parks and Wildlife Code, Chapter 68, and the presence or absence of that species in this section does not affect that status. The following species are endangered species:Attached Graphic Source Note: The provisions of this §65.176 adopted to be effective May 13, 2009, 34 TexReg 2793; amended to be effective May 3, 2012, 37 TexReg 3171; amended to be effective March 23, 2015, 40 TexReg 1711; amended to be effective March 30, 2020, 45 Texreg 2188. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE G THREATENED AND ENDANGERED NONGAME SPECIES §65.176 Endangered Species https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=140447&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 140447 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=140447&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 140447 03/11/2026 Penalties for violations of this subchapter involving:(1) the species listed in §65.175 of this title (relating to Threatened Species) are prescribed by Parks and Wildlife Code, Chapter 67; and(2) species listed in §65.176 of this title (relating to Endangered Species) are prescribed by Parks and Wildlife Code, Chapter 68. Source Note: The provisions of this §65.177 adopted to be effective May 13, 2009, 34 TexReg 2793. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE G THREATENED AND ENDANGERED NONGAME SPECIES §65.177 Violations and Penalties https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184868&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 184868 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184868&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 184868 03/11/2026 (a) This subchapter applies to all activities subject to department regulation on lands designated by the department as public hunting lands, regardless of the presence or absence of boundary markers. Public hunting lands are acquired by lease or license, management agreements, trade, gift, and purchase. Records of such acquisition are on file at the Department's central repository.(b) On U.S. Forest Service Lands designated as public hunting lands (Alabama Creek, Bannister, Caddo National Grasslands, Moore Plantation, Sam Houston National Forest WMAs, and Lake McClellan Recreation Area) or any portion of Units 902 and 903, persons other than hunters are exempt from the provisions of this subchapter, except for the provisions of §65.199(c)(15) of this title (relating to General Rules of Conduct).(c) On U.S. Army Corps of Engineer Lands designated as public hunting lands (Cooper, Dam B, Pat Mayse, and White Oak Creek WMAs; Granger, Somerville and Ray Roberts PHLs), persons other than hunters and equestrian users are exempt from requirements for an access permit.(d) On state park lands designated as public hunting lands, access for fishing and recreational use is governed by state park regulations.(e) Public hunting lands include, but are not limited to, the following:(1) Alabama Creek WMA (Unit 904);(2) Alazan Bayou WMA (Unit 747);(3) Atkinson Island WMA;(4) Bannister WMA (Unit 903);(5) Big Lake Bottom WMA (Unit 733);(6) Black Gap WMA (Unit 701);(7) Blue Elbow Swamp-Tony Houseman WMA/SP;(8) Caddo Lake WMA (Unit 730);(9) Caddo National Grasslands WMA (Unit 901);(10) Candy Abshier WMA;(11) Cedar Creek Islands WMA (includes Big Island, Bird Island, and Telfair Island Units);(12) Chaparral WMA (Unit 700);(13) Cooper WMA (Unit 731);(14) D.R. Wintermann WMA;(15) Dam B WMA--includes Angelina-Neches Scientific Area (Unit 707);(16) Designated Units of the Las Palomas WMA;(17) Designated Units of Public Hunting Lands Under Short-Term Lease;(18) Designated Units of the Playa Lakes WMA;(19) Designated Units of the State Park System;(20) East Texas Conservation Center (Unit 780);(21) Elephant Mountain WMA (Unit 725);(22) Gene Howe WMA (Unit 755)--includes Pat Murphy Unit (Unit 706);(23) Granger (Unit 709);(24) Guadalupe Delta WMA (Unit 729)--includes Mission Lake Unit (720), Guadalupe River Unit (723), Hynes Bay Unit (724), and San Antonio River Unit (760);(25) Gus Engeling WMA (Unit 754);(26) James Daughtrey WMA (Unit 713);(27) J.D. Murphree WMA (Unit 783);(28) Justin Hurst WMA (Unit 721);(29) Keechi Creek WMA (Unit 726);(30) Kerr WMA (Unit 756);(31) Lake McClellan Recreation Area (Unit 906);(32) Lower Neches WMA (Unit 728)--includes Old River Unit and Nelda Stark Unit;(33) Mad Island WMA (Unit 729);(34) Mason Mountain WMA (Unit 749);(35) Matador WMA (Unit 702);(36) Matagorda Island WMA (Unit 722);(37) McGillvray and Leona McKie Muse WMA (Unit 750);(38) M.O. Neasloney WMA;(39) Moore Plantation WMA (Unit 902);(40) Nannie Stringfellow WMA (Unit 716);(41) North Toledo Bend WMA (Unit 615);(42) Old Sabine Bottom WMA (Unit 732);(43) Pat Mayse WMA (Unit 705);(44) Ray Roberts (Unit 501);(45) Redhead Pond WMA;(46) Richland Creek WMA (Unit 703);(47) Roger Fawcett WMA (Unit 781);(48) Sam Houston National Forest WMA (Unit 905);(49) Sierra Diablo WMA (Unit 767);(50) Somerville (Unit 711);(51) Tawakoni WMA (Unit 708);(52) The Nature Center (Unit 021);(53) Welder Flats WMA;(54) White Oak Creek WMA (Unit 727);(55) Yoakum Dunes WMA (Unit 752); and(56) Other numbered units of public hunting lands. Source Note: The provisions of this §65.190 adopted to be effective September 1, 1996, 21 TexReg 5316; amended to be effective August 20, 1998, 23 TexReg 8460; amended to be effective August 9, 2001, 26 TexReg 5825; amended to be effective April 29, 2002, 27 TexReg 3568; amended to be effective January 3, 2005, 29 TexReg 12233; amended to be effective June 7, 2005, 30 TexReg 3256; amended to be effective July 2, 2006, 31 TexReg 5137; amended to be effective August 10, 2009, 34 TexReg 5405; amended to be effective August 11, 2011, 36 TexReg 4980; amended to be effective July 22, 2013, 38 TexReg 4636; amended to be effective July 17, 2017, 42 TexReg 3542. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE H PUBLIC HUNTING PROCLAMATION §65.190 Application https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207062&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 207062 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207062&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 207062 03/11/2026 The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. All other words and terms shall have the meanings assigned in §65.3 of this title (relating to Statewide Hunting and Fishing Proclamation).(1) Adult--A person 17 years of age or older.(2) Airboat--A boat propelled mechanically by movement of air, including, but not limited to a fan, propeller, or jet.(3) All terrain vehicle (ATV)--Any vehicle meeting the definition of an ATV under Transportation Code, §663.001.(4) Annual Public Hunting (APH) Permit--A permit, valid from issuance date through the following August 31, which allows entry to designated public hunting lands at designated times and the taking of wildlife resources as designated.(5) Application fee--A non-refundable fee that may be required to accompany and validate an individual's application for a special permit.(6) Authorized supervising adult--A parent, legal guardian, or individual at least 18 years of age who assumes liability responsibility for a youth.(7) Blind--Any structure assembled of man-made or natural materials for the purpose or having the effect of promoting concealment or increasing the field of vision of a person.(8) Buckshot--Lead pellets ranging in size from .24-inch to .36-inch in diameter normally loaded in a shotgun (includes, but is not limited to 0 and 00 buckshot).(9) Camping--The use of public hunting lands for overnight accommodation, which includes sleeping, the storage of unattended personal possessions, or the use of a motor vehicle as a lodging.(10) Competitive hunting dog event (field trial)--A department-sanctioned contest in which the skills of hunting dogs are tested.(11) Concurrent hunt--A hunt that maintains the same permit requirements, hunt dates, means and methods, or shooting hours or combinations thereof for more than one species of animal, as designated and subject to any special provisions.(12) Consumptive user--A person who takes or attempts to take wildlife resources.(13) Designated campsite--A designated area where camping and camping activities are authorized.(14) Designated days--Specific days within an established season or period of time as designated by the executive director.(15) Designated road--A constructed roadway indicated as being open to the public by either signs posted to that effect or by current maps and leaflets distributed at the area. Roads closed to the public may additionally be identified by on-site signing, barricades at entrances, or informational literature made available to the public. Designated roads do not include county or state roads or highways.(16) Designated target practice area--An area designated by on-site signing or by order of the executive director within which the discharge of firearms for target practice is authorized.(17) Designated units of the state park system--Specific units of the state park system approved by the commission for application of provisions of this subchapter.(18) Disabled person--A person who possesses a placard, license plate, or other documentation issued to that person by the State of Texas under the provisions of Transportation Code, Chapter 681.(19) General Season--A specified time period, or designated days within a specified time period, during which more than one means or methods (as designated) may be used to take designated species.(20) Headwear--Garment or item of apparel worn on or about the head.(21) Immediate supervision--Control of a youth by an authorized supervising adult issuing verbal instructions in a normal voice level.(22) Lands within a desert bighorn sheep cooperative--An aggregation of lands for which the concerned landowners and the Texas Parks and Wildlife Department have agreed to coordinate efforts to restore, manage, and harvest desert bighorn sheep.(23) Limited Public Use (LPU) Permit--A permit, valid from issuance date through the following August 31, which allows access to designated wildlife management areas and public hunting lands at the same times that access is provided by an APH permit.(24) Limited use zone--An area designated by order of the executive director and/or by boundary signs on the area, within which public use is prohibited or restricted to specified activities.(25) Loaded firearm--A firearm containing:(A) a live round of ammunition within the chamber and/or the magazine; or(B) a round in the muzzle and a propellant charge or propellant cartridge in the breech; or(C) if the firearm is a muzzleloader, a cap on the nipple, a priming charge in the pan, or a primer charge in the primer well.(26) Mentored Hunting Permit--A permit authorizing access to public hunting lands for the purpose of attending a department-sponsored workshop, including participation in a designated hunting opportunity subsequent to the workshop.(27) Motorboat--Any vessel being propelled by machinery, but does not include a boat being propelled solely by paddle, pole, oar, or wind.(28) Motor vehicle--As defined by Transportation Code, Chapter 541.(29) Off-road vehicle--An ATV, a utility vehicle, a vehicle that may not lawfully be operated on a public roadway, or any vehicle that is manufactured or adapted for off-road use.(30) On-site registration--The requirement for public users to register at designated places upon entry to and exit from specified public hunting lands, but does not constitute a permit.(31) Permit--Documentation authorizing specified access and public use privileges on public hunting lands.(32) Predatory animals--Coyotes and bobcats.(33) Loyalty point system--A method of special permit distribution in which the probability of selection is progressively enhanced by prior unsuccessful applications within a given hunt category by individuals or groups.(34) Public hunting area--A portion of public hunting lands designated as being open to the activity of hunting, and may include all or only a portion of a certain unit of public hunting land.(35) Public hunting compartment--A defined portion of a public hunting area to which hunters are assigned and authorized to perform public hunting activity.(36) Public hunting lands (PHL)--Lands identified in §65.190 of this title (relating to Application) or by order of the executive director on which provisions of this subchapter apply.(37) Recreational use--Any use or activity other than hunting or fishing.(38) Regular Permit--A permit issued on a first-come-first-served basis, on-site, at the time of the hunt that allows the taking of designated species of wildlife on the issuing area.(39) Restricted area--All or portions of public hunting lands identified by boundary signs as being closed to public entry or use.(40) Sanctuary--All or a portion of public hunting lands identified by boundary sign as being closed to the hunting of specified wildlife resources.(41) Slug--A metallic object designed for being fired as a single projectile by discharge of a shotgun.(42) Special Access Permit-- A department-issued permit that allows access to a non-hunting person on public lands during authorized activities.(43) Special Permit--A permit, issued pursuant to a selection procedure, which allows the taking of designated species of wildlife.(44) Special package hunt--A public hunt conducted for promotional or fund raising purposes and offering the selected applicant(s) a high quality experience with enhanced provisions for food, lodging, transportation, and guide services.(45) Tagging fee--A fee which may be assessed in addition to the special permit fee for the harvest of alligators for commercial sale or prior to the attempted harvest of desert bighorn sheep or designated exotic mammals.(46) Wildlife management area (WMA)--A unit of public hunting lands which is intensively managed for the conservation, enhancement, and public use of wildlife resources and supporting habitats.(47) Wildlife resources--Game animals, game birds, furbearing animals, alligators, marine mammals, frogs, fish, crayfish, other aquatic life, exotic animals, predatory animals, rabbits and hares, and other wild fauna.(48) Wounded exotic mammal--An exotic mammal leaving a blood trail.(49) Youth--A person less than 17 years of age. Source Note: The provisions of this §65.191 adopted to be effective September 1, 1996, 21 TexReg 5316; amended to be effective July 13, 2000, 25 TexReg 6545; amended to be effective July 11, 2002, 27 TexReg 6038; amended to be effective January 3, 2005, 29 TexReg 12233; amended to be effective June 7, 2005, 30 TexReg 3256; amended to be effective July 18, 2007, 32 TexReg 4442; amended to be effective July 28, 2008, 33 TexReg 5981; amended to be effective August 11, 2011, 36 TexReg 4980; amended to be effective July 22, 2013, 38 TexReg 4636; amended to be effective July 17, 2017, 42 TexReg 3542; amended to be effective July 29, 2021, 46 TexReg 4460. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE H PUBLIC HUNTING PROCLAMATION §65.191 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=125254&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 125254 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=125254&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 125254 03/11/2026 (a) The executive director is authorized by the Parks and Wildlife Commission to execute lease and management agreements for public hunting lands.(b) The executive director may designate lands acquired under short-term lease agreement or lands acquired following the adoption of this subchapter for application of regulations governing hunting, fishing, and other public use.(c) The executive director may designate hunt areas, legal species, hunt dates, shooting hours, bag limits, means and methods, and permit requirements within the framework established by the commission to promote the proper management and public use of wildlife resources on public hunting lands.(d) The executive director may designate specific hunts for participation only by persons who meet established criteria with respect to age or disability.(e) The executive director may designate limited-use zones on public hunting lands, within which public use is prohibited, restricted, or limited to certain periods of time.(f) The executive director may close public hunting lands to public use to protect sensitive sites, and may cancel hunts or close the seasons on certain areas to avoid depletion of wildlife resources or in response to severe weather or other emergencies.(g) It is a violation to conduct business concessions on public hunting lands unless specifically authorized in writing by the executive director. Business concessions include but are not limited to activities such as selling, buying, leasing, or peddling goods, merchandise or services to the public. Source Note: The provisions of this §65.192 adopted to be effective September 1, 1996, 21 TexReg 5316; amended to be effective June 29, 1999, 24 TexReg 4832; amended to be effective July 2, 2006, 31 TexReg 5137. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE H PUBLIC HUNTING PROCLAMATION §65.192 Powers of the Executive Director https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184870&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 184870 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184870&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 184870 03/11/2026 (a) It is an offense for a person without a valid access permit to enter public hunting lands, except:(1) on areas or for activities where no permit is required;(2) persons who are authorized by, and acting in an official capacity for the department or the landowners of public hunting lands;(3) persons participating in educational programs, management demonstrations, or other scheduled activities sponsored or sanctioned by the department with written approval;(4) persons owning or leasing land within the boundaries of public hunting lands, while traveling directly to or from their property;(5) for a non-hunting or non-fishing adult who is assisting a permitted disabled person; or(6) for youth under the supervision of an authorized supervising adult possessing an APH permit or a LPU permit.(b) Annual Public Hunting (APH) Permit and Limited Public Use (LPU) Permit.(1) It is an offense for a person 17 years of age or older to enter public hunting lands or take or attempt to take wildlife resources on public hunting lands at times when an APH permit is required without possessing an APH permit or to fail to display the APH permit, upon request, to a department employee or other official authorized to enforce regulations on public hunting lands.(2) A person possessing a LPU permit may enter public hunting lands at times that access is allowed under the APH permit, and is authorized to fish but may not hunt.(3) Persons possessing an APH permit or an LPU permit may use public hunting lands to access adjacent public waters, and may fish in adjacent public waters from riverbanks on public hunting lands.(4) The permits required under paragraphs (1) - (3) of this subsection are not required for:(A) persons who enter Caddo Lake Wildlife Management Area and do not hunt or enter upon the land;(B) persons who enter and hunt waterfowl within the Bayside Marsh Unit of Matagorda Island Wildlife Management Area; or(C) persons who enter Zone C of the Guadalupe River Unit of the Guadalupe Delta Wildlife Management Area and do not hunt or fish.(5) The permit required by paragraphs (1) - (3) of this subsection is not valid unless the signature of the holder appears on the permit.(6) A person, by signature of the permit and by payment of a permit fee waives all liability towards the landowner (licensor) and Texas Parks and Wildlife Department (licensee).(c) Mentored Hunting Permit--Permits issued under this subsection shall be available on a first-come, first-served basis for use on designated units of public hunting lands at designated times. A person may participate in a designated hunt under a mentored hunting permit only if the person has completed the mandatory mentored hunter workshop and has been authorized by the department to participate in hunt activities. A person who participates in a mentored hunt under a mentored hunting permit must be accompanied by a designated mentor.(d) Permits for hunting wildlife resources on public hunting lands shall be issued by the department to applicants by means of a fair method of distribution subject to limitations on the maximum number of permits to be issued.(e) The department may implement a system of issuing special permits that gives preference to those applicants who have applied previously but were not selected to receive a permit.(f) Application fees.(1) The department may charge a non-refundable fee, which may be required to accompany and validate an individual's application in a drawing for a special permit .(2) The application fee for a special permit is waived for a person under 17 years of age; however, the youth must apply in conjunction with an authorized supervising adult to whom an application fee is assessed, except as provided in paragraphs (3) and (4) of this subsection.(3) The application fee for a special permit is waived for an adult who is making application to serve as a non-hunting authorized supervising adult for a youth in a youth-only drawn hunt category.(4) Persons under 17 years of age may be disqualified from applying for special package hunts or may be assessed the application fee.(5) The application fee for a special permit is waived for on-site applications made under standby procedures at the time of a hunt.(6) Incomplete or incorrectly completed applications will be disqualified.(g) Legal animals to be taken by special or regular permit shall be stipulated on the permit.(h) Only one special or regular permit fee will be assessed in the event of concurrent hunts for multiple species, and the fee for the legal species having the most expensive permit will prevail.(i) Any applicable special or regular permit fees will be waived for youth under the supervision of a duly permitted authorized supervising adult.(j) Any applicable regular permit fees will be waived for persons possessing an APH permit.(k) Certain hunts may be conducted totally or in part by regular permit. It is an offense to fail to comply with established permit requirements specifying whether a regular permit is required of all participants or required only of adult participants who do not possess an APH permit.(l) Any applicable regular permit fees for authorized activities other than hunting or fishing will be waived for persons possessing an APH permit or an LPU permit.(m) An access permit applies only to the individual to whom the permit is issued, and neither the permit nor the rights granted thereunder are transferable to another person.(n) A person who fails to obey the conditions of a permit issued under this subchapter commits an offense. Source Note: The provisions of this §65.193 adopted to be effective September 1, 1996, 21 TexReg 5316; amended to be effective August 20, 1998, 23 TexReg 8460; amended to be effective July 13, 2000, 25 TexReg 6545; amended to be effective August 9, 2001, 26 TexReg 5825; amended to be effective July 11, 2002, 27 TexReg 6038; amended to be effective January 3, 2005, 29 TexReg 12233; amended to be effective June 7, 2005, 30 TexReg 3256; amended to be effective July 18, 2007, 32 TexReg 4442; amended to be effective July 28, 2008, 33 TexReg 5981; amended to be effective July 22, 2013, 38 TexReg 4636; amended to be effective July 17, 2017, 42 TexReg 3542. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE H PUBLIC HUNTING PROCLAMATION §65.193 Access Permit Required and Fees https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205554&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 205554 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205554&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 205554 03/11/2026 The department may authorize field trials on public hunting lands. All activities conducted pursuant to this section shall be subject to the provisions of this subchapter, except as specifically provided in this section.(1) No person shall conduct or participate in a field trial on public hunting lands unless the event has been sanctioned by the department through the issuance of a Field Trial Permit in accordance with this section.(2) An application for a Field Trial Permit shall be submitted at least 90 days in advance of the proposed event to the Wildlife Division regional director in whose region the proposed event would take place. The application shall include, at a minimum:(A) the name, address, and telephone number of the sponsoring person(s) or organization(s), and the Social Security number of the person to whom the permit will be issued, if approved;(B) the unit(s), compartment(s), and approximate acreage of public hunting lands that the proposed event would involve;(C) the date(s) of the proposed event, including preparatory activity and cleanup operations;(D) the exact nature of the event, including any construction, facilities emplacement, or other site alterations;(E) the number of participating dogs, dog handlers, and officials, respectively, and the estimated number of spectators;(F) the fee for the field trial permit as assessed according to the number of participating dog handlers and officials as specified by Chapter 53, Subchapter A of this title, (relating to Fees).(G) proof of liability insurance for the event in the amount of at least $250,000, which shall include coverage of personal injury and property damage; and(H) a performance bond in the amount of $5,000 to assure restoration of the involved public hunting lands to pre-field trial conditions.(3) Approval or denial of the permit application shall be at the sole discretion of the regional director and shall be based on the anticipated impact the proposed event would have:(A) on the natural resources of public hunting lands; and(B) on other events or activities authorized or conducted by the department.(4) The regional director shall, within 30 days of receipt of such application, notify the applicant of approval or denial of the application. If the application is approved, the field trial permit shall be issued in the form of a letter to the applicant. Any requirements or restrictions in addition to the provisions of this subchapter shall be specified in the permit.(5) The field trial permit shall be present and available on-site during all field trial activities. The permittee shall, prior to commencing any competition, attach to the permit an accurate list containing the names of all dog handlers and officials who at any time participate in the event, and the names of all spectators. The aggregate number of participants named on the list shall not exceed the number of participants authorized by the field trial permit. The list shall be sent to the regional director no later than ten days following the conclusion of the event.(6) All persons named on the list as officials, dog handlers, or spectators shall, during the event, be exempt from the access permit requirements of this subchapter.(7) The permittee is responsible and liable for the actions of all field trial participants, spectators, and dogs during all activities conducted during this event.(8) All construction, facilities emplacement, or other site alterations shall be performed and removed strictly in accordance with the conditions of the field trial permit. The permittee shall not be released from the obligations of this section and the performance bond shall not be returned to the permittee until the department is satisfied that the site has been restored to pre-trial conditions.(9) During any field trial activity, it is an offense for any person attending the event or named on the list required by paragraph (2) of this section to:(A) violate any condition of the field trial permit; or(B) take or attempt to take any animal or bird. Source Note: The provisions of this §65.194 adopted to be effective September 1, 1996, 21 TexReg 5316; amended to be effective July 11, 2002, 27 TexReg 6038; amended to be effective January 3, 2005, 29 TexReg 12233; amended to be effective July 28, 2008, 33 TexReg 5981; amended to be effective September 1, 2021, 46 TexReg 4169. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE H PUBLIC HUNTING PROCLAMATION §65.194 Competitive Hunting Dog Event (Field Trials) and Fees https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=28524&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 28524 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=28524&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 28524 03/11/2026 Any person violating this subchapter is subject to having their permit revoked under the authority of Parks and Wildlife Code, Chapter 12, Subchapter F. Source Note: The provisions of this §65.195 adopted to be effective September 1, 1996, 21 TexReg 5316. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE H PUBLIC HUNTING PROCLAMATION §65.195 Permit Revocation https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=31120&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 31120 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=31120&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 31120 03/11/2026 There is a standard no-refund policy concerning permit fees; however, the department will consider, on a case-by-case basis, requests for refund of permit fees based on extenuating circumstances. Source Note: The provisions of this §65.196 adopted to be effective September 1, 1996, 21 TexReg 5316. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE H PUBLIC HUNTING PROCLAMATION §65.196 Refund of Permit Fees https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184871&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 184871 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184871&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 184871 03/11/2026 Accrued loyalty points will be reinstated in the concerned hunt category for a selected applicant only if:(1) payment of hunt permit fees has been made, but the scheduled hunt is unable to be conducted in its entirety or is canceled at the discretion of the department; or(2) payment of hunt permit fees has been made, but participation in the scheduled hunt is not possible due to deployment as a result of service in the armed forces of the United States. Source Note: The provisions of this §65.197 adopted to be effective September 1, 1996, 21 TexReg 5316; amended to be effective August 9, 2001, 26 TexReg 5825; amended to be effective July 17, 2017, 42 TexReg 3542. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE H PUBLIC HUNTING PROCLAMATION §65.197 Reinstatement of Loyalty Points https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=120187&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 120187 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=120187&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 120187 03/11/2026 (a) It is an offense if a person:(1) who does not possess a valid permit enters public hunting lands at a time when access is restricted only to persons possessing a valid permit;(2) enters an area identified by boundary signs as a limited use zone, sanctuary, or restricted area and fails to obey the restrictions on public use posted at the area or as set forth in this subchapter; or(3) on areas where on-site registration is required, fails to check in at a registration station and properly complete registration procedures before initiation of hunting, fishing, or recreational use activities or fails to properly check out at the registration station before departing the area.(b) Unless otherwise authorized in writing by the department or as provided in subsection (c) of this section, it is an offense if a person participating in a hunt conducted by special permit or totally or in part by regular permit fails to:(1) check in at a designated check station prior to initiation of hunting activities; and(2) check out at a designated check station or otherwise fails to allow inspection of the bag before leaving the area.(c) The requirements of subsection (b) of this section may be waived for specific hunts as designated by order of the executive director or by direction of the hunt supervisor. Participation in regular permit hunts for which the check station requirement has been waived will be solely by APH permit.(d) Access for recreational use and fishing may be temporarily restricted while hunts are being conducted by special or regular permit or at times when ongoing research or management activities may be impacted. Source Note: The provisions of this §65.198 adopted to be effective September 1, 1996, 21 TexReg 5316; amended to be effective August 9, 2001, 26 TexReg 5825; amended to be effective June 7, 2005, 30 TexReg 3256. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE H PUBLIC HUNTING PROCLAMATION §65.198 Entry, Registration, and Checkout https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208850&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 208850 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208850&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 208850 03/11/2026 (a) This section applies to all public hunting lands unless an exception for a specific area and time period is designated by the executive director or by written permission of the department.(b) For the purposes of this section, gear, equipment, and floating conveyances are "unattended" if the person who is responsible for the gear, equipment, or floating conveyance is not within 200 yards of the gear, equipment, or floating conveyance.(c) It is unlawful for any person to:(1) fail to obey regulations posted at the area or policies established by order of the executive director, fail to comply with instructions on permits or area leaflets, or refuse to follow directives given by departmental personnel in the discharge of official duties;(2) possess a firearm, archery equipment, arrow gun, air gun, or any other device for taking wildlife resources on public hunting lands, except for persons authorized by the department to hunt or conduct research on the area, commissioned law enforcement officers, and department employees in performance of their duties; provided, however, a person may possess a handgun in compliance with applicable law, including, but not limited to, the provisions of Penal Code, Chapter 46, and Government Code, Chapter 411, Subchapter H.(3) camp or construct an open fire anywhere other than in a designated campsite. On the Alabama Creek, Bannister, Caddo, Moore Plantation, and Sam Houston National Forest WMAs, this restriction applies only during the period from the day prior to the opening of the archery deer season through the day following the close of the general deer season;(4) camp for more than 14 consecutive days on the same unit of public hunting lands, or for more than 21 days in any 30-day period;(5) cause, create, or contribute to excessive or disturbing sounds beyond the person's immediate campsite between the hours of 10 p.m. and 6 a.m.;(6) establish a camp and leave it unattended for a period of longer than 24 hours;(7) disturb or remove plants, wood, rocks, gravel, sand, soil, shell, artifacts, or other objects from public hunting lands, except as authorized by the department;(8) write on, scratch, or otherwise deface natural features, signs, buildings, or other structures;(9) fail to deposit refuse in designated containers or fail to remove it from the area;(10) consume or be under the influence of alcohol while engaged in hunting activities, or publicly consume or display an alcoholic beverage while on public hunting lands;(11) possess dogs in camp that are not confined or leashed;(12) use or possess any type of riding stock or pack animal on public hunting lands at any time, except:(A) as may be provided by order of the executive director; or(B) by written authorization of the department;(13) use an airboat within the boundaries of public hunting lands, except as provided by executive order or by written permission of the department;(14) take an antlerless deer during the general open season on wildlife management areas jointly managed by TPW and the U.S. Forest Service (Alabama Creek, Bannister, Caddo, Moore Plantation, or Sam Houston National Forest) unless that person possesses on their person a U.S.F.S. antlerless permit;(15) enter a unit of public hunting lands with an equine or equines, or cause the entry of an equine or equines to a unit of public hunting lands, unless that person has in their immediate possession, for each equine in the person's custody or equine that the person allowed to enter the unit of public hunting lands, a completed VS Form 10-11 (Texas Animal Health Commission) showing that the equine has tested negative to an official Equine Infectious Anemia test within the previous 12 months. The documentation required by this paragraph shall be made available for inspection upon the request of any department employee acting within the scope of official duties;(16) park or leave a motor vehicle unattended anywhere other than in designated parking areas, if parking areas have been designated;(17) use a motor vehicle, off-road vehicle, or ATV on a road, in an area, or at a time when such use is restricted to disabled persons, unless the person is in possession of a state-issued disabled parking placard or disabled license plate or assisting such a person;(18) leave personal gear, equipment (including decoys), or a floating conveyance unattended for more than one hour following the close of legal shooting hours. This paragraph does not apply to personal gear, equipment, or a floating conveyance:(A) within a designated camping area or designated campsite; or(B) that is unattended during reserved participation in a public hunting activity that has been specifically scheduled by the department; and(19) engage in any activity not specifically authorized by order of the executive director or regulation of the commission.(d) Hunting with Dogs.(1) Dogs may be possessed and used to hunt animals and birds on public hunting lands only as provided:(A) in the "Legal Game Legend" provided for each unit of public hunting lands in the department publication entitled "Map Booklet for Public Hunting Lands;" or(B) by executive order published on the department's official website.(2) It is an offense for any person to use a dog to hunt a bird or animal on public hunting lands except as authorized:(A) in the "Legal Game Legend" provided for each unit of public hunting lands in the department publication entitled "Map Booklet for Public Hunting Lands"; or(B) by executive order published on the department's official website. Source Note: The provisions of this §65.199 adopted to be effective September 1, 1996, 21 TexReg 5316; amended to be effective July 13, 2000, 25 TexReg 6545; amended to be effective April 29, 2002, 27 TexReg 3568; amended to be effective June 7, 2005, 30 TexReg 3256; amended to be effective July 22, 2013, 38 TexReg 4636; amended to be effective July 17, 2017, 42 TexReg 3542; amended to be effective August 11, 2019, 44 TexReg 4062; amended to be effective May 10, 2022, 47 TexReg 2773. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE H PUBLIC HUNTING PROCLAMATION §65.199 General Rules of Conduct https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18979&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18979 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18979&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18979 03/11/2026 (a) The construction of permanent blinds is prohibited.(b) The use of temporary blinds is permitted only if such structures are not:(1) nailed to trees;(2) emplaced longer than 72 hours; or(3) otherwise prohibited for the specific activity, area, or time period.(c) It is an offense for a person to:(1) fail to remove all introduced materials used in constructing a temporary blind at the conclusion of public use activity;(2) place a blind within 50 yards of any designated road, designated campsite, or public hunting lands boundary; or(3) attempt to establish preferential rights to use of a specific location through construction of a temporary blind. A temporary blind shall be equally available to all public users on a first-come-first-served basis. Source Note: The provisions of this §65.200 adopted to be effective September 1, 1996, 21 TexReg 5316; amended to be effective August 20, 1998, 23 TexReg 8460. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE H PUBLIC HUNTING PROCLAMATION §65.200 Construction of Blinds https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208851&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 208851 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208851&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 208851 03/11/2026 (a) It is an offense to not confine motor vehicle use to designated roads, except parking is permitted on the shoulder of or immediately adjacent to designated roads, and as provided for a disabled person or for a person directly assisting a disabled person.(b) It is unlawful for any person to:(1) hunt any wildlife resource from a motor vehicle or motor-driven land conveyance except as provided for a disabled person; or(2) possess a loaded firearm, arrow gun, or air gun in or on a motor vehicle or motor-driven land conveyance, except that a person may possess a handgun in accordance with applicable law, including, but not limited to, the provisions of Penal Code, Chapter 46, and Government Code, Chapter 411, Subchapter H.(c) A disabled person may possess a loaded firearm, arrow gun, or air gun in or on a motor vehicle while hunting, provided the motor vehicle is not in motion, the engine is not running, and the motor vehicle is not located on a designated road, designated vehicle parking area, or designated campground. Only paraplegics and single or double amputees of legs may hunt migratory birds from a motor vehicle.(d) Except as authorized for specific areas and time periods by order of the executive director, or by written permission of the hunt supervisor or area manager, it is an offense for an individual other than a disabled person or a person directly assisting a disabled person to operate an off-road vehicle on public hunting lands. A person who uses an off-road vehicle to directly assist a disabled person under the provisions of this subchapter may not use the off-road vehicle to travel beyond normal speaking distance of the disabled person:(1) except to return to an authorized road or trail; or(2) unless such use is authorized by the department on the unit of public hunting lands at that time.(e) The provisions of Chapter 59, Subchapter J of this title (relating to Off-Highway Vehicle Trail and Recreational Area Program) do not apply to a disabled person or a person assisting a disabled person who is participating in department-sanctioned activities on public hunting lands. Source Note: The provisions of this §65.201 adopted to be effective September 1, 1996, 21 TexReg 5316; amended to be effective June 7, 2005, 30 TexReg 3256; amended to be effective July 18, 2007, 32 TexReg 4442; amended to be effective August 10, 2009, 34 TexReg 5405; amended to be effective August 11, 2019, 44 TexReg 4062; amended to be effective May 10, 2022, 47 TexReg 2773. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE H PUBLIC HUNTING PROCLAMATION §65.201 Motor Vehicles https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205653&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 205653 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205653&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 205653 03/11/2026 (a) Youth participating in public hunts by special permit must be eighteen years of age or older at the time of application.(b) It is an offense for a person younger than 12 years of age to fail to be under the immediate supervision of a duly permitted and authorized supervising adult when hunting on public hunting lands. For a person 12 years of age or older who has received hunter education certification, the requirement for immediate supervision is relaxed to the extent that the authorized supervising adult is required only to be present on the public hunting area. The authorized supervising adult is responsible for the actions and liability of the youth. Source Note: The provisions of this §65.202 adopted to be effective September 1, 1996, 21 TexReg 5316; amended to be effective August 9, 2001, 26 TexReg 5825; amended to be effective January 3, 2005, 29 TexReg 12233; amended to be effective August 10, 2009, 34 TexReg 5405; amended to be effective July 29, 2021, 46 TexReg 4460. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE H PUBLIC HUNTING PROCLAMATION §65.202 Youth Hunting on Public Hunting Lands https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208852&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 208852 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208852&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 208852 03/11/2026 (a) It is an offense if a person is within a hunt area during daylight hours at a time when hunting with firearms, arrow guns, or air guns is permitted and fails to visibly wear:(1) a minimum of 400 square inches of daylight fluorescent orange material, of which 144 square inches must appear on both the chest and back; and(2) orange headwear.(b) A person is exempt from the requirements of subsection (a) of this section only if the person is:(1) hunting turkey, migratory birds, alligators, or desert bighorn sheep;(2) within the enclosed passenger compartment of a motor vehicle; or(3) within a designated campground, designated vehicle parking area, designated boat launching facility, or departmental check station.(c) Except as provided in subsection (d) of this section, it is an offense to:(1) possess a loaded firearm, arrow gun, or air gun in or on a motor vehicle, except as provided in §65.201(c) of this title (relating to Motor Vehicles) for a disabled person; or(2) possess a loaded firearm, arrow gun, or air gun within a designated campsite, vehicle parking area, boat launching facility, or departmental check station.(d) The provisions of subsection (c) of this section do not apply to a person in possession of a handgun in compliance with applicable law, including, but not limited to, Penal Code, Chapter 46, and Government Code, Chapter 411, Subchapter H.(e) It is an offense to discharge a firearm, archery equipment, arrow gun, or air gun from, onto, along, or across a designated road or designated campsite.(f) It is an offense to use or display a firearm, arrow gun, air gun, or other device in an obviously unsafe or threatening manner. Source Note: The provisions of this §65.203 adopted to be effective September 1, 1996, 21 TexReg 5316; amended to be effective August 11, 2019, 44 TexReg 4062; amended to be effective May 10, 2022, 47 TexReg 2773. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE H PUBLIC HUNTING PROCLAMATION §65.203 Hunter Safety https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184873&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 184873 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184873&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 184873 03/11/2026 (a) Hunting is allowed on wildlife management areas and public hunting lands only as provided in this subchapter.(b) The following recreational uses may be allowed on a wildlife management area if authorized by the executive director:(1) camping;(2) equestrian activities, including horseback riding;(3) hiking;(4) bicycling;(5) water recreation, which may include, but is not limited to boating, canoeing, kayaking and swimming;(6) nature viewing (wildlife watching, wildflower viewing, etc.);(7) fishing;(8) educational and demonstration programs; and(9) other recreational uses consistent and compatible with the purposes for which the wildlife management area was purchased, leased or otherwise acquired.(c) Any recreational use allowed under subsection (b) of this section is subject to conditions and restrictions, including dates, times, and locations, prescribed by the executive director,(d) No person may engage in any of the recreational uses listed in subsection (b) of this section on a wildlife management area unless such use is expressly authorized by the executive director. Source Note: The provisions of this §65.204 adopted to be effective July 2, 2006, 31 TexReg 5137; amended to be effective July 17, 2017, 42 TexReg 3542. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE H PUBLIC HUNTING PROCLAMATION §65.204 Recreational Use of Wildlife Management Areas https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3595&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3595 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3595&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3595 03/11/2026 The penalties for violation of this subchapter are prescribed by Parks and Wildlife Code, §81.007. With respect to violations in designated state parks, the penalties are prescribed by Parks and Wildlife Code, §62.069. Source Note: The provisions of this §65.208 adopted to be effective September 1, 1996, 21 TexReg 5316. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE H PUBLIC HUNTING PROCLAMATION §65.208 Penalties https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142902&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 142902 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142902&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 142902 03/11/2026 The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Appropriate recipient--A person or public or private organization that utilizes the donated wildlife for the public good and not for pecuniary gain.(2) Evidence of commercial interest--Documentation required by the department to demonstrate that the applicant has a commercial interest in agriculture, horticulture, or aquaculture.(A) The department shall require the attestation of the applicant on the application that agricultural, horticultural, or aquacultural crops or products raised or grown on a property for which a depredation permit is sought are:(i) sold or exchanged for cash or anything of value; or(ii) used to feed livestock, exotic livestock, or aquacultural stock that are sold or exchanged for cash or anything of value; or(B) In addition to the attestation required by subparagraph (A) of this paragraph, the department may require additional information, such as sales receipts, tax receipts, or other documentation acceptable to the department indicating that agricultural, horticultural, or aquacultural crops or products raised or grown on a property for which a depredation permit is sought are:(i) sold or exchanged for cash or anything of value; and/or(ii) used to feed livestock, exotic livestock, or aquacultural stock that are sold or exchanged for cash or anything of value.(3) Depredation permit--A permit issued under the provisions of this subchapter.(4) Evidence clearly showing serious damage--Documentation required by the department to demonstrate that protected wildlife is causing serious damage. The department may require one or all of the following as evidence clearly showing serious damage:(A) the attestation of an applicant for a depredation permit that wildlife protected by the Parks and Wildlife Code is causing serious damage to commercial agricultural, horticultural, or aquacultural crops or products;(B) current photographs or video of commercial agricultural, horticultural, or aquacultural crops or products demonstrating serious damage caused by wildlife protected by the Parks and Wildlife Code; or(C) an affidavit supplied by an agent of Texas AgriLIFE Extension Service attesting to the fact that wildlife protected by the Parks and Wildlife Code is causing serious damage to commercial agricultural, horticultural, or aquacultural crops or products.(5) Destruction of antlers or horns--To saw, cut, or chop completely through each main beam of antler or horn at a point within two inches of the skull, and at the approximate midpoint between the base and tip of each main beam or horn.(6) Protected wildlife--Wildlife protected by the Parks and Wildlife Code. Source Note: The provisions of this §65.220 adopted to be effective October 26, 2009, 34 TexReg 7332. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE I DEPREDATION PERMITS §65.220 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210914&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210914 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210914&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 210914 03/11/2026 (a) Activities authorized under a depredation permit shall be conducted only by persons named on the permit.(b) A depredation permit authorizes the killing of protected wildlife identified on the permit at any time during the period of validity of the permit, irrespective of open seasons and lawful shooting hours.(c) A depredation permit may be issued at any time upon a finding by the department that protected wildlife presents a threat to public safety.(d) Lawful hunting activities may take place on a property for which a depredation permit has been issued.(e) The department will not issue a permit under this subchapter to control fur-bearing animals. Nuisance fur-bearing animals are addressed by Subchapter Q of this chapter (relating to Statewide Fur-bearing Animal Proclamation).(f) Nothing in this subchapter shall be construed to relieve any person of any other applicable requirements of federal, state, or local law, including laws prescribing hunting license and hunter education requirements.(g) Notwithstanding other provisions of this subchapter, the department will not issue a permit under this subchapter for the killing of mule deer, pronghorn antelope, or desert bighorn sheep, except as provided in Parks and Wildlife Code, §43.152(b) and §43.154(a-1).(h) The department may at any time require an applicant for a depredation permit or a person to whom a depredation permit has been issued to furnish evidence clearly showing serious damage as defined in §65.220(4)(B) and (C) of this title (relating to Definitions). Source Note: The provisions of this §65.221 adopted to be effective October 26, 2009, 34 TexReg 7332; amended to be effective November 24, 2022, 47 TexReg 7744. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE I DEPREDATION PERMITS §65.221 General Provisions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142904&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 142904 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142904&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 142904 03/11/2026 (a) An applicant for a depredation permit shall complete and submit to the department an application on a form supplied by the department, accompanied by the fee stipulated in §65.231 of this title (relating to Fees). The applicant shall furnish the information required by Parks and Wildlife Code, §43.153, including but not limited to:(1) the name, Texas driver's license or personal identification number, Social Security number, and physical address of the permanent residence of each person for whom authorization is sought to conduct activities authorized under the depredation permit;(2) evidence of commercial interest as defined in this subchapter; and(3) evidence clearly showing serious damage, as defined in this subchapter.(b) By signing the application, the applicant swears to the truth and accuracy of all information contained in the application, including the attestation that serious damage is occurring to a commercial agricultural, horticultural, or aquacultural crop or product.(c) If the department determines that measures other than a depredation permit are warranted, it shall make recommendations concerning ways to minimize the damage or threat caused by wildlife. The department will not issue a depredation permit if it is not satisfied that the applicant has made a reasonable attempt to implement the recommendations. Source Note: The provisions of this §65.222 adopted to be effective October 26, 2009, 34 TexReg 7332. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE I DEPREDATION PERMITS §65.222 Application and Issuance https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142905&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 142905 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142905&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 142905 03/11/2026 (a) The department may inspect any property to determine if permit issuance is warranted and may refuse to issue a depredation permit on the basis of an inspection.(b) The department may inspect any property to determine compliance with the provisions of a depredation permit and may cancel a depredation permit if an inspection reveals that a permittee is not complying or has not complied with this subchapter or the provisions of a depredation permit. Source Note: The provisions of this §65.223 adopted to be effective October 26, 2009, 34 TexReg 7332. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE I DEPREDATION PERMITS §65.223 Inspection https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142906&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 142906 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142906&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 142906 03/11/2026 (a) A depredation permit is not valid unless the crop or product for which the permit is issued has been planted and is growing on the property for which the permit is issued.(b) A depredation permit is not valid after the crop for which the permit is issued has been harvested on the property for which the permit is issued.(c) The period of validity of a depredation permit, when applicable or necessary, may be determined by the planting dates and growing seasons for individual crops or products.(d) The department shall specify the period of validity for a depredation permit issued because of a threat to public safety. Source Note: The provisions of this §65.224 adopted to be effective October 26, 2009, 34 TexReg 7332. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE I DEPREDATION PERMITS §65.224 Period of Validity https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142907&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 142907 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142907&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 142907 03/11/2026 (a) Except as provided in subsection (b) of this section, a permittee under this subchapter shall notify the department by calling the notification number provided on the permit not more than 24 hours nor less than four hours prior to any authorized activity.(b) In the event that a permittee is presented with an unexpected opportunity to engage in permitted activities and is thus precluded from complying with the requirements of subsection (a) of this section, the permittee may engage in permitted activities, but only after notifying the department by calling the notification number provided on the permit. Source Note: The provisions of this §65.225 adopted to be effective October 26, 2009, 34 TexReg 7332. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE I DEPREDATION PERMITS §65.225 Notification https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142908&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 142908 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142908&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 142908 03/11/2026 (a) Centerfire firearms are the only lawful means for killing deer, antelope, javelina, or desert bighorn sheep under a depredation permit; however the department may authorize the use of shotguns loaded with slugs when issues of safety or property make the use of rifles inappropriate.(b) Centerfire firearms, rimfire firearms, and shotguns are the only lawful means for killing non-migratory game birds and squirrels under a depredation permit.(c) Depredating nongame wildlife and alligators may be taken by any lawful means under a depredation permit.(d) The department may authorize the live capture and humane dispatch of wildlife other than deer, antelope, javelina, bighorn sheep, and non-migratory game birds. Source Note: The provisions of this §65.226 adopted to be effective October 26, 2009, 34 TexReg 7332. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE I DEPREDATION PERMITS §65.226 Means and Methods https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142909&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 142909 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142909&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 142909 03/11/2026 (a) All wildlife killed under a depredation permit shall be documented and/or tagged as set forth in the permit provisions.(b) A person conducting activities under a depredation permit shall maintain an accurate daily log of all activities conducted under a depredation permit. The daily log shall be made available at the request of any department employee acting within the scope of official duties, and shall indicate, at a minimum:(1) the number of wildlife killed by each person named on the permit;(2) the sex of the wildlife killed by each person named on the permit;(3) if the animal is a deer, whether the deer was antlered or antlerless, and if the deer was antlered, the number of antler points on each main beam;(4) the date that each animal or bird was killed; and(5) the disposition of the wildlife, to include:(A) if the wildlife is donated to a person, the name, phone number, and permanent residence address of the person; or(B) if the wildlife is donated to an organization, the name, phone number, and physical address of the organization.(c) A person to whom a depredation permit has been issued shall submit a final report, including the daily log required by subsection (b) of this section, to the department's Austin headquarters, on a form supplied by the department, within 10 days of the expiration of the period of validity of the permit. Source Note: The provisions of this §65.227 adopted to be effective October 26, 2009, 34 TexReg 7332. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE I DEPREDATION PERMITS §65.227 Documentation, Reporting, and Recordkeeping https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142910&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 142910 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142910&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 142910 03/11/2026 The department may cancel a depredation permit at any time upon determining that the permittee:(1) has failed to conduct the activities authorized by a depredation permit;(2) has failed to maintain the daily log required by §65.227(b) of this title (relating to Documentation, Reporting, and Recordkeeping);(3) has failed to timely submit any required report;(4) has misrepresented any information required on the application for a depredation permit;(5) has misrepresented any information on a report or record required by this subchapter; or(6) has violated a provision of Parks and Wildlife Code, Chapter 43, Subchapter H, or a depredation permit. Source Note: The provisions of this §65.228 adopted to be effective October 26, 2009, 34 TexReg 7332. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE I DEPREDATION PERMITS §65.228 Permit Cancellation https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142911&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 142911 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142911&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 142911 03/11/2026 A permit that has been cancelled may be reinstated by the department upon a determination that extenuating circumstances warrant reinstatement. Source Note: The provisions of this §65.229 adopted to be effective October 26, 2009, 34 TexReg 7332. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE I DEPREDATION PERMITS §65.229 Permit Reinstatement https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142912&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 142912 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142912&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 142912 03/11/2026 (a) The department may refuse to issue a depredation permit to any person who within five years of applying for a depredation permit has been finally convicted of:(1) a violation of Parks and Wildlife Code, Chapter 43, Subchapter H;(2) a violation of the conditions of a depredation permit; or(3) a violation of Parks and Wildlife Code that is a Class B misdemeanor, a Class A misdemeanor, or a felony.(b) The department may prohibit a person from participating in activities under a depredation permit if the person has been convicted of a violation listed in subsection (a) of this section within the previous five years. Source Note: The provisions of this §65.230 adopted to be effective October 26, 2009, 34 TexReg 7332. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE I DEPREDATION PERMITS §65.230 Permit Denial https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142913&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 142913 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142913&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 142913 03/11/2026 The application fee for a depredation permit shall be $250. The fee prescribed by this section is nonrefundable. Source Note: The provisions of this §65.231 adopted to be effective October 26, 2009, 34 TexReg 7332. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE I DEPREDATION PERMITS §65.231 Fees https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142914&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 142914 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142914&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 142914 03/11/2026 It is an offense for any person:(1) not named on a depredation permit to kill protected wildlife under the depredation permit;(2) to whom a depredation permit is issued to allow any person not named on the depredation permit to engage in permitted activities;(3) to kill game animals or game birds outside of lawful shooting hours or during a closed season on a property for which a depredation permit has been cancelled;(4) to offer or accept money or anything of value in exchange for participation in activities under a depredation permit, including any fee paid in exchange for killing wildlife, meat, or antlers, except for salaries or wages paid to persons employed by a person to whom a depredation permit is issued; or(5) to fail to immediately destroy the antlers or horns of a buck deer, antelope, or bighorn sheep killed by the person under a depredation permit. Antlers and horns destroyed under this paragraph shall be discarded as waste. Source Note: The provisions of this §65.232 adopted to be effective October 26, 2009, 34 TexReg 7332. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE I DEPREDATION PERMITS §65.232 Prohibited Acts https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142915&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 142915 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142915&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 142915 03/11/2026 The penalties for a violation of this subchapter or the provisions of a depredation permit are prescribed by Parks and Wildlife Code, Chapter 43, Subchapter H. Source Note: The provisions of this §65.233 adopted to be effective October 26, 2009, 34 TexReg 7332. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE I DEPREDATION PERMITS §65.233 Penalties https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18982&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18982 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18982&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18982 03/11/2026 The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. All other words and terms shall have the meanings assigned in Subchapter A of this chapter (relating to Statewide Hunting and Fishing Proclamation).(1) Dealer--A person who tags bobcat pelts.(2) Pelt--The hide or skin of a bobcat, tanned or untanned, whether or not it is still attached to the carcass, but does not include products manufactured from bobcat skins or hides.(3) Tag--A permanent, numbered marker issued by the department for marking and identifying bobcat pelts. Source Note: The provisions of this §65.251 adopted to be effective September 16, 1996, 21 TexReg 8517. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE J BOBCAT PROCLAMATION §65.251 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3596&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3596 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3596&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3596 03/11/2026 The general open season for the taking of bobcats is September 1 of one year through August 31 of the following year. There is no bag or possession limit. Source Note: The provisions of this §65.252 adopted to be effective September 16, 1996, 21 TexReg 8517. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE J BOBCAT PROCLAMATION §65.252 Bobcat Season https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18985&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18985 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18985&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18985 03/11/2026 (a) The pelt of a bobcat taken in Texas shall not be transported beyond the borders of this state unless it has been permanently tagged in accordance with the provisions of this subchapter.(b) A person shall not transport a bobcat pelt into this state unless the person possesses a valid hunting license, stamp, tag, permit, or document, issued by the state or country in which the bobcat was taken, as proof that the bobcat was legally taken.(c) A licensed hunter may sell bobcat pelts to a dealer. Source Note: The provisions of this §65.253 adopted to be effective September 16, 1996, 21 TexReg 8517. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE J BOBCAT PROCLAMATION §65.253 General Provisions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18986&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18986 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18986&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18986 03/11/2026 (a) Except as provided in §65.253(c) of this title (relating to General Provisions), no person may buy, sell, or trade the pelt of a bobcat taken in this state unless the pelt has been permanently tagged in accordance with this subchapter.(b) Any person possessing a bobcat pelt for purposes other than buying, selling, or trading may obtain a bobcat pelt tag by presenting the pelt to any dealer or TPWD Law Enforcement Division Office and completing and signing an Annual Bobcat Pelt Tag Report (PWD 406)(c) Any person other than a dealer who intends to transport or sell outside Texas the pelt of a bobcat taken in this state shall complete, sign, and submit an Out-of-State Shipping or Selling Report (PWD 404) within 20 days of the time the pelt is shipped. Source Note: The provisions of this §65.254 adopted to be effective September 16, 1996, 21 TexReg 8517. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE J BOBCAT PROCLAMATION §65.254 Bobcat Tags https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211061&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 211061 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211061&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 211061 03/11/2026 (a) Permit Required. Any person may obtain a bobcat dealer permit. A person who buys or trades for untagged bobcat pelts must hold a dealer permit (PWD 410). A dealer permit may be obtained by completing and signing a Bobcat Pelt Dealer Permit and Tag Voucher (PWD 410). Upon any issuance of pelt tags, a dealer shall acknowledge receipt of the tags by signing the tag issuance voucher section of PWD 410.(b) Reporting Requirements.(1) The reporting period for dealers begins May 1 and ends April 30 of the following year. By no later than the 30th day following the end of a reporting period, a dealer shall submit a completed and signed PWD 406 to department headquarters in Austin. The report required by this paragraph shall account for each pelt tag used by the dealer during the reporting period.(2) All pelt tags in a dealer's possession at the end of the reporting period, and a signed list of unused tag numbers, must be returned to the department with the annual report.(3) A dealer shall immediately notify the department in writing upon discovery that a pelt tag has been lost, stolen, destroyed or mutilated.(c) Inspection. All pelts, pelt tag inventory, and associated records shall be available for inspection by any game warden.(d) Unlawful acts. It is unlawful for any dealer to:(1) refuse to tag a bobcat pelt presented as being legally taken in this state during the tagging period; or(2) transfer tags issued to that dealer to any other dealer, or to use tags issued to another dealer. Source Note: The provisions of this §65.255 adopted to be effective September 16, 1996, 21 TexReg 8517; amended to be effective December 4, 2022, 47 TexReg 7909. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE J BOBCAT PROCLAMATION §65.255 Bobcat Dealer Permits https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211062&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 211062 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211062&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 211062 03/11/2026 The penalties for violations of this subchapter shall be as prescribed in Parks and Wildlife Code, Chapter 67. Source Note: The provisions of this §65.256 adopted to be effective September 16, 1996, 21 TexReg 8517; amended to be effective August 10, 2009, 34 TexReg 5405; amended to be effective December 4, 2022, 47 TexReg 7909. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE J BOBCAT PROCLAMATION §65.256 Penalties https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145851&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 145851 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145851&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 145851 03/11/2026 (a) This subchapter applies to all species of raptors indigenous to the state of Texas.(b) To the extent that a provision of this subchapter conflicts with any provision of 50 CFR Part 21 governing the possession and use of raptors, the federal regulation shall prevail. Source Note: The provisions of this §65.261 adopted to be effective June 3, 2010, 35 TexReg 4425. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE K RAPTOR PROCLAMATION §65.261 Applicability https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145852&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 145852 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145852&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 145852 03/11/2026 The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. All other words and terms shall have the meanings assigned by Parks and Wildlife Code.(1) Abatement permit--A special purpose permit issued by the FWS that allows the use of raptors to control nuisance wildlife.(2) Captive bred--Raptors, including eggs hatched in captivity, from parents that mated or otherwise reproduced in captivity.(3) Educational display--Activities conducted for the purposes of encouraging understanding of falconry, the management and conservation of raptors, or furthering awareness and understanding among the general public of the biology and ecological roles of protected wildlife.(4) Eyass--A young raptor that is still in the nest.(5) Falconer--A person legally allowed to take and fly raptors under a permit issued under the authority of Parks and Wildlife Code, Chapter 49, the laws of another state, or by the federal government.(A) An apprentice falconer is a person who holds an apprentice falconry permit.(B) A general falconer is a person who holds a general falconry permit.(C) A master falconer is a person who holds a master falconry permit.(6) FWS--The United States Fish and Wildlife Service.(7) Hack--Temporary release of a raptor to the wild. Hacking is a method used by falconers to condition raptors for falconry.(8) Holding--Retaining in captivity, but does not include the temporary possession of a raptor that is accidentally trapped and must be released.(9) Imping--Using a feather to replace a broken feather of a raptor.(10) Imprint--A raptor that is hand-raised in isolation from the sight of other raptors from two weeks of age until it is fully feathered.(11) Passage bird--A raptor less than one year of age that has left the nest.(12) Physician's statement--A written statement from a physician attesting that a long-term or permanent medical condition prevents a person from participating in trapping activities.(13) Raptor--A migratory bird of the Order Falconiformes or the Order Strigiformes.(14) Release to the wild--Permanent release of a raptor to an area where it is capable of leaving at will.(15) Sponsor--A general or master falconer who agrees to supervise the training of an apprentice falconer.(16) Take--To trap or capture, or attempt to trap or capture, a wild raptor.(17) Transfer--The change of possession of a raptor from one permitted person to another permitted person by mutual agreement and without the exchange or offer to exchange money or anything of value as a condition of the change in possession.(18) Type 1 band--A FWS plastic leg band, issued by the department, which must be attached to gyrfalcons, peregrine falcons, goshawks, and Harris' hawks.(19) Type 2 band--A FWS metal leg band, issued by the department, which must be attached to captive-bred raptors. This includes FWS replacement bands made of plastic.(20) Weathering area--Outdoor facilities providing a raptor protection from the environment.(21) Wild raptor--A raptor whose conception was not the result of the breeding of raptors in captivity. Source Note: The provisions of this §65.262 adopted to be effective June 3, 2010, 35 TexReg 4425. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE K RAPTOR PROCLAMATION §65.262 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145853&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 145853 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145853&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 145853 03/11/2026 (a) No person shall take or possess a raptor in this state unless that person possesses valid state and federal permits (if required) to do so, including a Texas resident or nonresident hunting license, as applicable.(b) A person who is not a resident of this state may not hold any permit issued under this subchapter other than a nonresident trapping permit.(c) A person permitted to possess a live raptor under this subchapter shall:(1) provide all permits, licenses, and documentation required to be maintained by this subchapter and the Parks and Wildlife Code upon the request of a department employee acting within the scope of official duties; and(2) have in immediate possession all required permits, licenses, and documentation when in possession of a raptor away from the permitted facility where the raptor is kept.(d) A raptor possessed under a falconry permit may be used for educational display purposes. For the purposes of this section, "direct supervision" means the personal presence of a master or general falconer at all times that an apprentice falconer is engaged in the educational display of a raptor.(1) A raptor in any given 12-month period shall not be used more frequently or for a greater amount of time for educational display purposes than for falconry purposes.(2) Educational display of a raptor shall be performed only by a general or master falconer, or an apprentice falconer under the direct supervision of a general or master falconer.(3) A permittee may impose a fee or charge to present an educational display, but may not charge more than is necessary to recoup the direct expenses incurred in making the presentation.(4) Educational display presentations shall include accurate information about falconry, wildlife conservation, and the biology, ecological roles, and conservation needs of raptors and other migratory birds.(5) The photographing, filming, or videotaping of raptors held under a falconry permit is lawful for educational display purposes; however, a permittee:(A) may not receive cash or anything of value in exchange for allowing a raptor to be photographed, filmed, or videotaped; and(B) may not use or allow the use of a raptor held under a falconry permit for purpose of entertainment media or advertisements; promotion or endorsement of any products, merchandise, goods, services, meetings, or fairs; or as a representation of any business, company, corporation, or other organization.(e) A permitted falconer at any time may capture a captive-bred raptor or any raptor wearing falconry equipment. If the raptor belongs to another falconer, it must be returned.(f) In the event that an apprentice falconer's permittee-sponsor relationship is terminated, the apprentice falconer shall secure a new sponsor within 30 days of the date that the sponsor notifies the department of sponsorship termination.(g) Raptors possessed under a valid permit may be transported to other states, subject to applicable federal, state, and local laws. Source Note: The provisions of this §65.263 adopted to be effective June 3, 2010, 35 TexReg 4425. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE K RAPTOR PROCLAMATION §65.263 General Provisions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211063&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 211063 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211063&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 211063 03/11/2026 (a) All permit applications shall be made using forms supplied by the department. An application shall contain a signed and dated statement showing that the applicant agrees that the permittee's falconry facilities, equipment, and raptors may be inspected without advance notice by the department. If the applicant is not the owner of the property where raptors are housed under this subchapter, the application shall contain a signed and dated statement showing that the owner of the property agrees that the falconry facilities, equipment, and raptors may be inspected without advance notice by the department.(b) Educational or school programs may not be used to satisfy the experience requirements of paragraphs (1) - (4) of this subsection.(1) An applicant for an apprentice falconry permit must be at least 12 years of age.(A) If the applicant is under the age of 18, a parent or legal guardian must sign the application. By signing an application, a parent or legal guardian agrees to be legally responsible for the actions of the applicant with respect to the requirements of this subchapter. Nothing in this subparagraph shall be construed to relieve any person under the age of 18 of any legal responsibility for failure to abide by the provisions of this subchapter.(B) An application for an apprentice permit must be accompanied by:(i) a letter from a general falconer with at least two years' experience at that level, or a master falconer, stating that the person agrees to be the applicant's sponsor; and(ii) an original, signed certification that the applicant is familiar with the federal falconry regulations in Title 50 of the Code of Federal Regulations and is aware that submission of false information is an offense under 18 U.S.C. 1001.(C) The department will not issue a permit at the apprentice level until the applicant's facilities have passed an inspection conducted by a department representative or designee. All inspections shall be in the presence of the permittee or the property owner (if the facility is located on property that is not owned by the permittee).(2) An applicant for a general falconry permit must be at least 16 years of age.(A) If the applicant is under the age of 18, a parent or legal guardian must sign the application. By signing an application, a parent or legal guardian agrees to be legally responsible for the actions of the applicant with respect to the requirements of this subchapter.(B) An application for a general permit must be accompanied by a signed attestation from the applicant's sponsor, who must be a general or master falconer, that the applicant has maintained, trained, flown (which may include releasing to the wild) and hunted with raptors trapped from the wild by the applicant for at least four months in each of at least two years during which the person has been permitted to practice falconry. The trapping requirement of this subparagraph does not apply to a raptor trapped under the provisions of 65.271(e)(3) of this title (relating to Trapping).(3) An applicant for a master falconry permit must have been permitted to practice falconry at the general level for a minimum of five years.(4) An applicant for a raptor propagator permit must:(A) be a resident of Texas;(B) be 18 years of age or older;(C) have at least five years of experience in the practice of falconry; and(D) possess a valid general or master permit.(5) An applicant for a nonresident trapping permit must possess a license, issued by their state of residence, equivalent to a Texas falconry permit.(c) The department will not issue an apprentice permit if the applicant has not taken a department-administered examination and scored at least 80.(d) The requirements of subsections (b) and (c) of this section do not apply to applications for a nonresident trapping permit.(e) A person who has allowed a falconry permit to expire is entitled to permit issuance at the level the person held at the time of permit expiration, provided not more than five years has elapsed from the date of expiration. If more than five years has elapsed since expiration, the person must take a department-administered falconry examination and record a score of at least 80.(f) The department will not issue a permit under this subchapter to a person who has relocated to Texas while holding the valid equivalent of a permit issued under this subchapter issued by another state, territory, or tribe until the applicant's facilities have passed an inspection conducted by a department representative or designee. All inspections shall be in the presence of the permittee or the property owner (if the facility is located on property that is not owned by the permittee). Source Note: The provisions of this §65.264 adopted to be effective June 3, 2010, 35 TexReg 4425; amended to be effective July 22, 2013, 38 TexReg 4639; amended to be effective December 4, 2022, 47 TexReg 7909. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE K RAPTOR PROCLAMATION §65.264 Permit Application Requirements https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145855&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 145855 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145855&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 145855 03/11/2026 Permits will be issued with a period of validity not to exceed five years from date of issuance and shall expire on June 30 of the final year of permit validity. Source Note: The provisions of this §65.265 adopted to be effective June 3, 2010, 35 TexReg 4425. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE K RAPTOR PROCLAMATION §65.265 Period of Validity https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145856&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 145856 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145856&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 145856 03/11/2026 An applicant or permittee for a permit under this subchapter may request a review of a decision of the department to deny issuance or delay processing of a permit.(1) An applicant or permittee seeking review of a decision of the department with respect to denial of permit issuance under this subchapter shall first contact the department within ten business days of being notified by the department of permit denial.(2) The department shall conduct the review and notify the applicant or permittee of the results within ten business days of receiving a request for review.(3) The request for review shall be presented to a review panel. The review panel shall consist of the following:(A) the deputy executive director for natural resources, or his or her designee;(B) the director of the Wildlife Division; and(C) the director of the Wildlife Diversity program within the Wildlife Division.(4) The decision of the review panel is final.(5) The department shall report on an annual basis to the Falconry and Raptor Council the number and disposition of all reviews under this section. Source Note: The provisions of this §65.266 adopted to be effective June 3, 2010, 35 TexReg 4425. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE K RAPTOR PROCLAMATION §65.266 Review of Agency Decision to Deny or Revoke Permit https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=162875&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 162875 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=162875&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 162875 03/11/2026 (a) Apprentice falconers.(1) An apprentice falconer may possess any member of the Order Strigiformes or Falconiformes except as provided in paragraph (3) of this subsection.(2) An apprentice falconer may obtain a raptor by trapping, by purchase, or by transfer from another permittee.(3) An apprentice falconer may not:(A) possess more than one raptor at any given time;(B) hack a raptor possessed under a permit;(C) possess any of the following:(i) American swallow-tailed kite (Elanoides forficatus);(ii) bald eagle (Haliaeetus leucocephalus);(iii) white-tailed eagle (Haliaeetus albicilla);(iv) Steller's sea-eagle (Haliaeetus pelagicus);(v) northern harrier (Circus cyaneus);(vi) Swainson's hawk (Buteo swainsoni);(vii) golden eagle (Aquila chrysaetos);(viii) peregrine falcon (Falco peregrinus);(ix) flammulated owl (Otus flammeolus);(x) burrowing owl (Athene cunicularia); or(xi) short-eared owl (Asio flammeus); or(D) take or possess:(i) an eyass;(ii) an imprinted raptor; or(iii) a raptor taken from the wild as a nestling.(4) An apprentice falconer must secure a new sponsor within 30 calendar days in the event of sponsorship termination.(5) An apprentice falconer may conduct abatement activities only as a subpermittee of a master falconer who holds an abatement permit.(b) General falconers.(1) A general falconer may possess any member of the Order Strigiformes or Falconiformes except as provided in paragraph (2) of this subsection.(2) A general falconer may not:(A) possess more than three raptors at any given time; or(B) possess any of the following: golden eagle, a bald eagle, a white-tailed eagle, or a Steller's sea-eagle.(3) A general class falconer may possess hybrid and captive-bred raptors.(4) A general falconer may take no more than one raptor that is listed as a federal threatened species from the wild each year, provided that take is specifically authorized by both the department and the federal government.(5) A general falconer may conduct abatement activities only as a subpermittee of a master falconer who holds an abatement permit.(c) Master falconers.(1) A master class permittee may possess any member of the Order Strigiformes or Falconiformes except as provided in paragraph (3) of this subsection.(2) A master class permittee may not possess more than five wild-caught raptors at any time. Captive-bred raptors may be possessed in any number; however, all captive-bred raptors must be trained and used for hunting.(3) A master falconer may possess up to three golden eagles, white-tailed eagles, or Steller's sea eagles, in the aggregate. To possess a raptor under this subsection, a master falconer shall submit to the department a written request to possess individuals of the listed species. The written request required by this subsection must contain description of the applicant's experience in handling large raptors, including information about the species handled and the type and duration of the activity in which the applicant has engaged. The written request required by this subsection must be accompanied by at least two letters of reference from people with experience handling and/or flying large raptors such as eagles, ferruginous hawks (Buteo regalis), goshawks (Accipiter gentilis), or great horned owls (Bubo virginianus). Each letter of reference must contain a concise history of the author's experience with large raptors, and must attest to the applicant's ability to care for eagles and fly them in falconry.(4) A master falconer may take up to two golden eagles within a calendar year from a livestock depredation area declared by the United States Department of Agriculture or the governor.(5) A master falconer may take no more than one raptor that is listed as a federal threatened species from the wild each year, provided that take is specifically authorized by both the department and the federal government.(6) A master falconer may conduct abatement activities with a bird or birds possessed under the person's falconry permit, provided the birds are captive-bred and the permittee has obtained a federal permit for that purpose.(7) No person other than the master falconer to whom an abatement permit has been issued may use a raptor possessed under a falconry permit to conduct abatement activities. A master falconer may receive payment, and may pay a general or apprentice falconer for providing abatement services under a federal permit for that purpose.(d) Raptor propagator permittees.(1) A person who holds a raptor propagator permit may use raptors possessed by the person under a falconry permit for captive breeding, however, if the raptor is used as a captive breeding bird for more than eight months in any 12-month period, the raptor must be:(A) permanently transferred as a propagation bird; and(B) be permanently banded as provided under 50 CFR §21.30.(2) A raptor propagator may not possess or breed species of raptors listed by the federal government as endangered unless the propagator can document proof of seven years' experience caring for and handling raptors.(e) Nonresident trapping permittees. A nonresident trapper shall not trap more than one raptor per year in this state.(f) Federal abatement permittees.(1) The possession limits established in this section for each class of permittee do not apply to raptors possessed under a federal abatement permit.(2) The requirements of §65.268(2) of this title (relating to Equipment and Facility Standards; Related Provisions) apply to raptors possessed under a federal abatement permit.(3) Only a raptor held under an abatement permit may be used for abatement purposes, unless the raptor is possessed as a falconry bird by the abatement permit holder. If a raptor is possessed as a falconry bird and flown for abatement purposes, it must be:(A) captive bred; and(B) flown only by the person to whom the abatement permit was issued. Source Note: The provisions of this §65.267 adopted to be effective June 3, 2010, 35 TexReg 4425; amended to be effective July 22, 2013, 38 TexReg 4639. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE K RAPTOR PROCLAMATION §65.267 Permit Privileges and Restrictions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145858&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 145858 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145858&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 145858 03/11/2026 All facilities and equipment are subject to inspection by the department; however, no inspection shall be conducted unless the permittee or the property owner (if the facility is located on property that is not owned by the permittee) is personally present.(1) Equipment. A permittee shall possess:(A) jesses or the materials and equipment to make them;(B) leash and swivel;(C) bath container; and(D) appropriate scales or balances for weighing a raptor.(2) Facilities.(A) General.(i) Permit holders shall provide facilities that are appropriately sized, constructed, and maintained so as to provide a safe environment for raptors held under a permit issued under the authority of this subchapter. All facilities shall provide each raptor with protection from sun, wind, inclement weather, predators, and undue disturbance.(ii) Clean water shall be available at all times except when medical or environmental circumstances require the temporary denial of water.(iii) Veterinary care shall be available to all raptors.(B) Permittees shall maintain facilities that meet the following standards.(i) Indoor facility standards.(I) If more than one raptor is being kept in a facility, the raptors shall be tethered or separated by partitions, except for raptors that are compatible with each other.(II) Each raptor shall be kept in an area large enough to allow the raptor to fully extend its wings.(III) A perch designed or intended for use by raptors shall be provided for each raptor kept in the facility.(IV) There shall be at least one window, protected on the inside by vertical bars spaced narrower than the width of the raptor's body if the bird is not to be tethered, and a secure door.(V) The floor of the facility shall be kept clean.(ii) Outdoor facility (weathering area) standards.(I) Weathering areas shall be fenced and covered with netting or roofed to protect the raptors from disturbance or attack.(II) A weathering area must be provided with a minimum of 32 square feet and each raptor must have an area large enough to fly, if it is untethered, or, if tethered, to fully extend its wings or bate (attempt to fly while tethered) without damaging its feathers or contacting other raptors.(III) The floor of the facility shall be well drained.(iii) Raptors may be housed in a personal residence without modifications to windows or other openings in the residence; provided:(I) a suitable perch is provided for each raptor; and(II) each raptor is tethered when not being moved into or out of the location in which they are kept.(C) Only one facility is required if it meets the requirements for both indoor and outdoor facilities.(3) Alternative or Temporary Facilities. The provisions of this paragraph are intended to allow for the temporary relocation of falconry raptors due to special circumstances or conditions that prevent the provision of adequate housing and/or care by the falconer to whom the raptors are registered. Nothing in this paragraph shall be construed as to allow the de facto permanent possession of any raptor and the department shall determine on a case-by-case basis if the provisions of this paragraph are being used for that purpose.(A) A permittee may house a raptor in a temporary facility for no more than 120 consecutive calendar days, provided the raptor is provided with a perch and is protected from predators, domestic animals, extreme temperatures, wind, and injurious disturbance.(B) A person with a valid falconry permit may care for a raptor or raptors held under another person's falconry permit for up to 120 consecutive calendar days, provided the person possesses:(i) a signed and dated statement authorizing the temporary possession. The statement must specify the time period for which the person will keep each raptor and the activities the person is allowed to engage in with each raptor (to include flying and hunting, provided the permittee in temporary possession is authorized to do so under the terms of their falconry permit);(ii) a copy of a valid FWS form 3-186A for each bird in temporary possession. A raptor held under the provisions of this subparagraph does not count against the possession limits established under the provisions of §65.267 of this title (relating to Permit Privileges and Restrictions) for the person holding the raptor;(iii) the department may authorize temporary possession in excess of 120 days when warranted by extenuating circumstances such as illness, military service, natural disasters, or a family emergency. A person seeking an extension under this subparagraph shall submit a written request to the department, accompanied by a signed affidavit stating the nature of the extenuating circumstance; and(iv) upon the 30th consecutive day that a raptor has been in temporary possession under the provisions of this paragraph, the falconer who placed the raptor in temporary possession shall notify the department. Such notification shall be made within ten days from the date that the 30-day period has elapsed.(C) A person who is not a permitted falconer may provide care for a permittee's raptor or raptors for no more than 45 consecutive days, provided:(i) the raptor or raptors remain at the permittee's facility;(ii) the raptor or raptors are not flown for any reason; and(iii) the department may authorize temporary possession in excess of 45 days when warranted by extenuating circumstances such as illness, military service, natural disasters, or a family emergency. A person seeking an extension under this subparagraph shall submit a written request to the department, accompanied by a signed affidavit stating the nature of the extenuating circumstance.(4) Transportation and Possession Away from a Permitted Facility. At all times that a raptor possessed under this subchapter is not in a permitted facility, the permittee responsible for the raptor shall provide:(A) a perch designed or intended for use by raptors; and(B) protection from extreme temperatures, wind, and injurious disturbance. Source Note: The provisions of this §65.268 adopted to be effective June 3, 2010, 35 TexReg 4425. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE K RAPTOR PROCLAMATION §65.268 Equipment and Facility Standards; Related Provisions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193993&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 193993 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193993&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 193993 03/11/2026 (a) Markers and bands.(1) No person may possess an unmarked goshawk, Harris's hawk, peregrine falcon, or gyrfalcon under a permit issued pursuant to this subchapter unless the person has notified the department within ten days of acquisition. Upon notification, the department shall issue a Type 1 leg band, which must be attached to the raptor immediately upon receipt.(2) A person who takes a goshawk, Harris's hawk, peregrine falcon, or gyrfalcon from the wild or acquires one from a rehabilitator must band the raptor with a Type 1 leg band. Within ten days from the date of take, the person shall report the take of the bird by entering the required information (including the band number) in the electronic database maintained by the FWS for that purpose. Upon request, the department will supply a band in advance of capture.(3) A person who possesses a raptor bred in captivity must band the bird with a Type 2 leg band. If the band required by this subsection is removed or lost, it must be reported within ten days of removal or loss by contacting the department. The department shall issue a replacement band upon notification. The person shall band the bird with the replacement band immediately upon receipt of the band and immediately upon rebanding shall submit all required information electronically to the database maintained by the FWS for that purpose.(4) If a band is removed or lost from a raptor that is not captive-bred, the person in whose name the raptor is possessed must report the removal or loss within five days and request a replacement band from the department. The person shall band the bird with the replacement band immediately upon receipt and shall submit the required information electronically immediately upon rebanding to the database maintained by the FWS for that purpose.(5) The department may exempt a permittee from the banding requirements of this section for a raptor upon submission of documentation proving that banding has caused health or injury problems for the raptor. In such cases, the department will provide the exemption in writing, and the permittee must:(A) maintain the exemption notice at the permitted facility where the raptor is kept; and(B) possess the exemption notice on their person when in possession of the raptor away from the permitted facility where the raptor is kept.(6) A wild-caught raptor may not be banded with a Type 2 band.(7) It is unlawful for any person to alter, counterfeit, or deface a marker, except that a permit holder may remove the rear tab on markers and smooth an imperfect surface, provided the integrity of the marker and numbering are not affected.(b) Telemetry. No person authorized to fly a hybrid raptor may free-fly the raptor unless at least two radio transmitters are attached to the raptor. Source Note: The provisions of this §65.269 adopted to be effective June 3, 2010, 35 TexReg 4425; amended to be effective January 29, 2019, 44 TexReg 432. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE K RAPTOR PROCLAMATION §65.269 Marking, Banding, and Telemetry https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193994&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 193994 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193994&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 193994 03/11/2026 (a) A general or master falconer acting as a sponsor for an apprentice falconer shall notify the department in writing within ten days of terminating a sponsor-apprentice relationship.(b) A permittee shall maintain a copy of all notifications required under this section for a period of five years. Notification under this subsection shall be made via the electronic database maintained by the FWS for that purpose. Except as specifically provided by paragraph (6) of this subsection, notification shall be within ten days of any event condition listed in this subsection. A permittee is required to provide notification:(1) upon acquisition of a raptor;(2) upon take of a raptor from the wild;(3) when a raptor is transferred by the permittee to another permittee;(4) when a raptor is rebanded;(5) when a raptor in the permittee's possession is stolen (a permittee must report a suspected stolen raptor to the appropriate local police jurisdiction);(6) at any time that a raptor in the possession of the permittee:(A) has been lost in the wild; and(B) 30 consecutive days have elapsed and the raptor has not been recovered by the permittee; and(7) when a raptor in the possession of a permittee dies.(c) A falconer who captures a bird that belongs to another falconer must report the capture to the department within five days of capture. The department will determine the disposition of the raptor in the event that the owner of the raptor cannot be determined or located.(d) A person who holds a permit issued under this subchapter shall:(1) upon a change of address within Texas, notify the department within 30 days of the change of address; and(2) within 30 days of relocation outside of Texas, notify both the department and the entity where the permittee has relocated that is legally responsible for the regulation of the possession of raptors for falconry purposes.(e) A person who holds a permit issued under this subchapter shall notify the department within five business days of moving a facility regulated under this subchapter.(f) A person who relocates to Texas and holds the valid equivalent of a permit issued under this subchapter issued by another state, territory, or tribe may retain, on a temporary basis until notified by the department that a falconry permit is being issued or denied, raptors the person lawfully possesses pursuant to such permit; however, the person shall submit an application for the appropriate Texas permit within 10 days of relocation to this state. The department will not issue a permit until the applicant's facilities have passed an inspection conducted by a department representative or designee. All inspections shall be in the presence of the permittee or the property owner (if the facility is located on property that is not owned by the permittee). A person who has complied with the requirements of this subsection and Parks and Wildlife Code, §49.003 may practice falconry, including hunting by means of falconry, in this state while awaiting the issuance of a Texas falconry permit, provided:(1) the person is not otherwise legally prohibited from possessing or hunting with raptors; and(2) if the person hunts by means of falconry, the persons possesses a nonresident hunting license that is valid for the species being hunted. Source Note: The provisions of this §65.270 adopted to be effective June 3, 2010, 35 TexReg 4425; amended to be effective July 22, 2013, 38 TexReg 4639; amended to be effective January 29, 2019, 44 TexReg 432. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE K RAPTOR PROCLAMATION §65.270 Notification, Reporting, and Recordkeeping https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145861&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 145861 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145861&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 145861 03/11/2026 (a) No person may take more than two raptors from the wild between July 1 of one year and June 30 of the immediately following year.(b) No person may remove an egg from a raptor nest in the wild.(c) Only a general or master falconer may take an eyass. No person shall take more than two eyasses within a calendar year. No person may remove an eyass from a nest if it is the only eyass in the nest.(d) If a young raptor that is incapable of independent flight is displaced from the nest or nest area as a result of trapping activities, the falconer responsible for the displacement shall place the raptor back in the nest or in an area near the nest where the raptor is not vulnerable to terrestrial predators.(e) A permittee may obtain a raptor from the wild with the assistance of another person.(1) If the permittee captures a raptor from the wild or is present when a raptor is captured from the wild on behalf of the permittee, the permittee shall file the report required by §65.270 of this title (relating to Notification, Reporting, and Recordkeeping Requirements).(2) If the permittee is not present when a raptor is captured from the wild on behalf of the permittee:(A) the person who captures the raptor from the wild must:(i) be a general or master falconer; and(ii) must file the report required by §65.270 of this title and then transfer the bird to the permittee as provided by §65.272 of this title (relating to Transfer, Sale, and Donation); and(B) the provisions of subsection (a) of this section apply to the person who trapped the raptor, but not to the person on whose behalf the raptor was trapped.(3) A general or master falconer may capture a raptor from the wild on behalf of a permittee, provided the person who captures the raptor possesses a physician's statement. The person on whose behalf the bird was trapped is required to file the report required by §65.270 of this title and the requirements of subsection (a) of this section apply to that person.(f) Trapped birds that are not intended to be or cannot be kept for falconry purposes shall be released to the wild immediately upon discovery, unless the bird is injured in the process of trapping. A raptor injured as a result of trapping activity must be:(1) transported to a permitted wildlife rehabilitator, veterinarian, or government wildlife agency employee, in which case the person who trapped the bird is liable for all costs that may be imposed for caring for and/or rehabilitating and releasing the raptor; or(2) reported as a wild-caught raptor and made part of the permittee's legal possession limit under the permittee's falconry permit.(g) Nonresidents in possession of a valid Nonresident Trapping Permit may take raptors from the wild according to the terms of the permit.(h) An apprentice falconer may not trap:(1) an eyass; or(2) a raptor older than one year of age.(i) Raptors may be taken year round. A marked raptor may be retrapped at any time.(j) In Aransas, Brewster, Brooks, Calhoun, Cameron, Culberson, Duval, Ector, El Paso, Hidalgo, Hudspeth, Jackson, Jeff Davis, Kenedy, Kinney, Kleberg, Matagorda, Maverick, Midland, Nueces, Pecos, Presidio, Reeves, Refugio, San Patricio, Starr, Terrell, Val Verde, Victoria, Webb, Willacy, or Zapata counties:(1) an apprentice falconer must be accompanied by a master or general falconer during all trapping activities; and(2) all persons must immediately cease trapping activities, including the retrieval of all traps, upon observing a northern aplomado falcon (Falco femoralis) in the vicinity of the trapping effort.(k) The department may issue permits authorizing the trapping of Arctic peregrine falcons (Falco peregrinus tundrius). Permits shall be issued by a fair and impartial method to permitted falconers only.(l) A master falconer may take a golden eagle (adult or nestling) under the provisions of this subchapter in a livestock depredation area declared by the federal government or the governor. No person shall take an adult golden eagle from a depredation area unless the department has determined that the eagle is preying on livestock and the notification requirements of §65.270 of this title have been met.(m) No eggs may be taken from raptor nests.(n) No raptor may be taken when over one year old or in adult plumage.(o) Any raptor other than an endangered species taken under a federal depredation (including a special purpose depredation) permit may be used for falconry by a general or master falconer. Endangered species taken under a depredation permit shall not be released to the wild without prior written department approval of the release site. Source Note: The provisions of this §65.271 adopted to be effective June 3, 2010, 35 TexReg 4425. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE K RAPTOR PROCLAMATION §65.271 Trapping https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193995&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 193995 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193995&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 193995 03/11/2026 (a) No person shall purchase, sell, trade for anything of value, barter or offer to purchase, sell, trade for anything of value, or barter a wild raptor.(b) Except as provided for in §65.271(e)(3) of this title (relating to Trapping), a raptor trapped from the wild shall count against the annual trapping limit of the person who trapped the bird, even if the raptor is transferred to another permittee.(c) A lawfully caught wild raptor may be transferred to a qualified out-of-state resident in the same year that it was trapped; however, no person may make more than one such transfer per permit year.(d) A falconer may buy raptors from any legal source and may buy, sell, purchase, barter, and offer to buy sell, purchase, or barter captive-bred raptors to another falconer in this state and to persons outside the state who are authorized under federal and state law to purchase raptors. A captive-bred raptor that is bought, sold, or bartered must be banded with a Type 2 band.(e) A falconer may transfer a raptor to another falconer, provided the possession limits established by this subchapter are not exceeded.(f) A falconer may transfer a wild-caught raptor to:(1) the holder of a raptor propagation permit, provided:(A) the raptor is a sharp-shinned hawk, Cooper's hawk, merlin, or American kestrel and has been used in falconry for a minimum of one year; or(B) the raptor is any species of raptor other than the species listed in subparagraph (A) of this paragraph and has been used in falconry for a minimum of two years;(2) a person other than a raptor propagator who is permitted to possess raptors, provided a licensed veterinarian or permitted wildlife rehabilitator has certified that the raptor is no longer capable of being used for falconry. A permittee who transfers a raptor under the provisions of this paragraph shall furnish the certification and a copy of the permittee's federal form 3-186A to the federal permits office responsible for administering the permit type held by the person to whom the raptor is transferred.(g) A permitted rehabilitator may transfer a raptor to a general or master falconer for use in falconry, provided the transfer is reported under the provisions of §65.270 of this title (relating to Notification, Reporting, and Recordkeeping Requirements). A raptor acquired from a rehabilitator counts against the possession limits established under the provisions of §65.267 of this title (relating to Permit Privileges and Restrictions) for the person holding the raptor.(h) A surviving spouse, executor, administrator, or other legal representative of a deceased falconry permittee may transfer any bird held by the permittee to another authorized permittee within 90 days of the death of the falconry permittee. After 90 days, disposition of a bird held under the permit is at the discretion of the department. Source Note: The provisions of this §65.272 adopted to be effective June 3, 2010, 35 TexReg 4425; amended to be effective January 29, 2019, 44 TexReg 432. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE K RAPTOR PROCLAMATION §65.272 Transfer, Sale, and Donation https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145863&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 145863 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145863&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 145863 03/11/2026 (a) No person may release a raptor to the wild if:(1) the raptor is a hybrid; or(2) the raptor is a species or subspecies that is not indigenous to Texas.(b) No person may permanently release a captive-bred indigenous raptor to the wild unless authorized to do so by the department in writing. If the department authorizes such release, the permittee shall:(1) hack the bird to the wild at an appropriate time of year and an appropriate location;(2) remove any falconry band and/or telemetry devices from the bird; and(3) report release of the bird as provided in §65.270 of this title (relating to Notification, Reporting, and Recordkeeping Requirements).(c) An indigenous raptor that was acquired by trapping from the wild may be released to the wild only at a time of year and at a location that is consistent with and facilitates the raptor's ability to survive in the wild. All bands and telemetry must be removed and the permittee is required to provide notification as set forth in §65.270 of this title. Source Note: The provisions of this §65.273 adopted to be effective June 3, 2010, 35 TexReg 4425. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE K RAPTOR PROCLAMATION §65.273 Release to the Wild https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145864&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 145864 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145864&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 145864 03/11/2026 (a) Hacking. A hacked raptor counts against the possession limits established by this subchapter.(b) Imping.(1) For imping purposes, a falconer may possess the flight feathers of those species of raptors the falconer is authorized to possess and may obtain such feathers from or give such feathers to another falconer, a licensed wildlife rehabilitator, or a licensed raptor propagator; however, no person may buy, sell, or barter raptor feathers. Feathers from any raptor other than a golden eagle may be donated to any person or institution authorized by state or federal law to accept or possess them.(2) A person who possesses a golden eagle must collect all primary and secondary flight feathers and retrices (tail feathers) that are molted or otherwise shed. Feathers that are not retained for imping purposes must be mailed to the National Eagle Repository, Rocky Mountain Arsenal, Building 128, Commerce City, Colorado 80022.(3) If a permit issued under this subchapter is revoked by the department or expires without renewal, the person whose permit is revoked or expired must destroy all feathers in possession or donate them to a person or institution authorized to obtain and possess them. Golden eagle feathers may not be destroyed and must be mailed to the National Eagle Repository.(4) Feathers that are molted and feathers from raptors that die in captivity may be retained and exchanged by permit holders only for imping purposes.(c) Raptor rehabilitation. A falconer may assist a permitted migratory bird rehabilitator in conditioning raptors for release to the wild and may keep such a raptor in a falconry facility. Such birds do not count against the falconer's possession limit under §65.267 of this title (relating to Permit Privileges and Restrictions); however, the facility standards set forth in §65.268 of this title (relating to Equipment and Facility Standards; Related Provisions) apply to rehabilitation birds temporarily housed in a falconry facility, provided the falconer:(1) is listed as a subpermitee on the rehabilitator's permit; and(2) possesses a letter or form, signed by the rehabilitator, certifying that the raptor is being temporarily possessed for rehabilitation purposes. The form shall include the rehabilitator's name, physical address, telephone number, and permit number.(3) Within 180 days, a raptor possessed by a permittee under the provisions of this subsection shall be:(A) released to the wild;(B) transferred to the permittee as a raptor under the permittee's falconry permit; or(C) returned to the rehabilitator from whom the raptor was obtained, unless the permittee has been specifically authorized in writing by the department to retain the raptor for longer than 180 days.(4) A raptor that cannot be permanently released to the wild shall be returned to the rehabilitator from whom the raptor was obtained.(d) Disposition of raptor mortalities. If a raptor possessed under a permit issued under this subchapter dies, the raptor shall be disposed of as provided in this subsection. A raptor may be necropsied to determine the cause of death, but must be buried or destroyed within ten days of necropsy, except as provided by paragraph (2) of this subsection.(1) The body and/or feathers of a dead raptor may be donated to any person or institution authorized to obtain or possess the raptor or its feathers.(2) The body and/or feathers of a dead raptor may be preserved, mounted and retained by the permittee, and may be used in educational programs. If the bird was banded, the band must remain on the raptor.(3) If the body or feathers of a dead raptor are not donated as provided by §65.272 of this title (relating to Transfer, Sale, and Donation) the flight feathers or taxidermic body mount of the raptor may be possessed for as long as a valid falconry permit is maintained by the falconer who possessed the raptor; however, the falconer must maintain the paperwork documenting the acquisition of the bird.(4) The body of a golden eagle (including all feathers not retained for imping purposes, talons, and other parts) that dies while possessed under a falconry permit shall be sent to the National Eagle Repository. Source Note: The provisions of this §65.274 adopted to be effective June 3, 2010, 35 TexReg 4425. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE K RAPTOR PROCLAMATION §65.274 Miscellaneous Provisions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145865&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 145865 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145865&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 145865 03/11/2026 The provisions of Subchapter I of this chapter (relating to Depredation Permits) do not apply to raptors possessed or used under a federal abatement permit. Source Note: The provisions of this §65.275 adopted to be effective June 3, 2010, 35 TexReg 4425. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE K RAPTOR PROCLAMATION §65.275 Exceptions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145866&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 145866 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145866&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 145866 03/11/2026 (a) There shall be an open season during which game animals and game birds except for migratory birds may be taken by means of falconry.(1) Open season: September 1 - August 31.(2) Daily bag and possession limits:(A) game animals: as specified for individual counties in Subchapter A of this chapter (relating to Statewide Hunting and Fishing Proclamation);(B) game birds other than migratory birds: one per day, either sex, per raptor, and the possession limit is two, either sex, per raptor; and(C) migratory game birds: as provided by Subchapter N of this chapter (relating to Migratory Game Bird Proclamation).(b) A falconer who flies a raptor that subsequently and without the intent of the falconer kills an animal or bird outside of the open season for the animal or bird, or an animal or bird that cannot be possessed without violating a possession limit, may allow the raptor to feed upon the dead animal or bird, but may not take possession of the animal or bird.(c) The take of any animal or bird that is listed by the federal government as threatened or endangered must be reported to the U.S. Fish and Wildlife Service Ecological Services Field Office for the location in which the take occurred. Source Note: The provisions of this §65.276 adopted to be effective June 3, 2010, 35 TexReg 4425. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE K RAPTOR PROCLAMATION §65.276 Open Seasons and Bag Limits; Hunting https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145867&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 145867 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145867&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 145867 03/11/2026 A violation of this subchapter, 50 CFR §29.21, or a provision of a permit issued under this subchapter is an offense punishable by the penalties prescribed by Parks and Wildlife Code, §49.017. Source Note: The provisions of this §65.277 adopted to be effective June 3, 2010, 35 TexReg 4425. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE K RAPTOR PROCLAMATION §65.277 Violations and Penalties https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=131370&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 131370 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=131370&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 131370 03/11/2026 (a) No person shall at any time, by any means, or in any manner hunt, possess, transport, or transfer any migratory game bird except as provided in this subchapter.(b) No provision of this subchapter shall be construed to relieve a person from the restrictions, conditions, and requirements of federal regulations contained in 50 Code of Federal Regulations (CFR) Part 20. Source Note: The provisions of this §65.301 adopted to be effective August 13, 2007, 32 TexReg 5027. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE N MIGRATORY GAME BIRD PROCLAMATION §65.301 Applicability https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=131371&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 131371 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=131371&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 131371 03/11/2026 The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. All other words and terms shall have the meanings assigned in Subchapter A of this chapter (relating to Statewide Hunting and Fishing Proclamation).(1) Baited area--Any area where salt, grain, or other feed has been placed, exposed, deposited, distributed, or scattered, if that salt, grain, or other feed could serve as a lure or attraction for migratory game birds to, on, or over areas where hunters are attempting to take them. Any such area will remain a baited area for ten days following the complete removal of all such salt, grain, or other feed.(2) Baiting--The direct or indirect placing, exposing, depositing, distributing, or scattering of salt, grain, or other feed that could serve as a lure or attraction for migratory game birds to, on, or over areas where hunters are attempting to take them.(3) Daily bag limit--The quantity of a species of migratory game bird that may be lawfully taken in one day.(4) Day--A 24-hour period of time that begins at midnight and ends at midnight.(5) Dark geese--Canada, white-fronted, and all other geese except light geese.(6) Harvest Information Program (HIP)--A mandatory certification process for all persons who hunt or intend to hunt migratory game birds. To be certified, a person must answer a series of questions about their migratory game-bird hunting habits.(7) Legal shotgun--A shotgun not larger than 10 gauge, fired from the shoulder, and incapable of holding more than three shells. (Guns capable of holding more than three shells must be plugged with a one-piece filler which is incapable of removal without disassembling the gun, so the gun's total capacity does not exceed three shells.)(8) Light geese--Snow, blue, and Ross' geese.(9) Livestock--Cattle, horses, mules, sheep, goats, and hogs.(10) Manipulation--The alteration of natural vegetation or agricultural crops, including but not limited to mowing, shredding, discing, rolling, chopping, trampling, flattening, burning, and herbicide treatments. Manipulation does not include the distributing or scattering of grain, seed, or other feed after removal from or storage on the field where grown.(11) Migratory bird preservation facility--A stationary facility designed and constructed to store or process game animals and game birds. For the purposes of this subchapter, a migratory bird preservation facility is a cold storage or processing facility as defined by Parks and Wildlife Code, §42.001.(12) Natural vegetation--Any non-agricultural, native, or naturalized plant species that grows at a site in response to planting or from existing seeds or propagule. Natural vegetation does not include planted millet. However, planted millet that grows on its own in subsequent years after the planting is considered natural vegetation.(13) Nontoxic shot--Any shot approved by the director, U.S. Fish and Wildlife Service.(14) Normal agricultural practice--A normal agricultural planting, harvesting, or post-harvest manipulation, or livestock feeding conducted in accordance with official recommendations of State Extension Specialists of the Cooperative Extension Service of the U.S. Department of Agriculture.(15) Normal soil stabilization practice--A planting for agricultural soil erosion control or post-mining land reclamation conducted in accordance with official recommendations of State Extension Specialists of the Cooperative Extension Service of the U.S. Department of Agriculture.(16) Paraplegic--An individual afflicted with paralysis of the lower half of the body with involvement of both legs, usually due to disease of or injury to the spinal cord.(17) Possession limit--The maximum number of a species of migratory game bird that may be lawfully possessed at one time.(18) Personal residence (personal abode)--One's principal or ordinary home or dwelling place. The term does not include a temporary or transient place of residence or dwelling such as a hunting club, or any club house, cabin, tent, or trailer house used as a hunting club, or any hotel, motel, or rooming house used during a hunting, pleasure, or business trip.(19) Sinkbox--Any type of low floating device having a depression which affords the hunter a means of concealing himself below the surface of water.(20) Waterfowl--Ducks (including teal), geese, mergansers, and coots. Source Note: The provisions of this §65.309 adopted to be effective August 26, 1997, 22 TexReg 7896; amended to be effective August 20, 1998, 23 TexReg 8461; amended to be effective September 14, 1999, 24 TexReg 7273; amended to be effective August 13, 2007, 32 TexReg 5027. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE N MIGRATORY GAME BIRD PROCLAMATION §65.309 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=137443&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 137443 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=137443&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 137443 03/11/2026 Migratory birds may be taken by any method except those prohibited in this section. Except as provided in this subchapter, no person shall take migratory game birds:(1) with a trap, snare, net, any type of rifle or pistol (including airguns), swivel gun, shotgun larger than 10 gauge, punt gun, battery gun, machinegun, fish hook, poison, drug, explosive, or stupefying substance;(2) with a shotgun of any description capable of holding more than three shells, unless it is plugged with a one-piece filler, incapable of removal without disassembling the gun, so its total capacity does not exceed three shells;(3) from or by means, aid, or use of a sinkbox or any other type of low-floating device, having a depression affording the hunter a means of concealment beneath the surface of the water;(4) from or by means, aid, or use of any motor vehicle, motor-driven land conveyance, or aircraft of any kind, except that paraplegics and persons missing one or both legs may take from any stationary motor vehicle or stationary motor-driven land conveyance;(5) from or by means of any motorboat or other craft having a motor attached, or any sailboat, unless the motor has been completely shut off and/or the sails furled, and its progress therefrom has ceased. A craft under power may be used to retrieve dead or crippled birds; however, crippled birds may not be shot from such craft under power;(6) by the use or aid of live birds as decoys;(7) where tame or captive live ducks or geese are present unless such birds are and have been for a period of 10 consecutive days prior to such taking, confined within an enclosure which substantially reduces the audibility of their calls and totally conceals such birds from the sight of wild migratory waterfowl;(8) by the use or aid of recorded or electrically amplified bird calls or sounds, or recorded or electrically amplified imitations of bird calls or sounds;(9) by means or aid of any motor-driven land, water, or air conveyance, or any sailboat used for the purpose of or resulting in the concentrating, driving, rallying, or stirring up of any migratory bird;(10) by the aid of baiting, or on or over any baited area, where a person knows or reasonably should know that the area is or has been baited. No person may place or direct the placement of bait on or adjacent to an area for the purpose of causing, inducing, or allowing any person to take or attempt to take any migratory game bird by the aid of baiting on or over the baited area. However, provided a land or area is not otherwise baited, nothing in this paragraph prohibits:(A) the taking of any migratory game bird, including waterfowl, coots, and cranes on or over:(i) standing crops or flooded standing crops (including aquatics);(ii) standing, flooded, or manipulated natural vegetation;(iii) flooded harvested croplands; or(iv) lands or areas where seeds or grains have been scattered solely as the result of a normal agricultural planting, harvesting, post-harvest manipulation or normal soil stabilization practice;(v) from a blind or other place of concealment camouflaged with natural vegetation;(vi) from a blind or other place of concealment camouflaged with vegetation from agricultural crops, as long as such camouflaging does not result in the exposing, depositing, distributing or scattering of grain or other feed; or(vii) on or over standing or flooded standing agricultural crops where grain is inadvertently scattered solely as a result of a hunter entering or exiting a hunting area, placing decoys, or retrieving downed birds; or(B) the taking of any migratory game bird, except waterfowl, coots and cranes, on or over lands or areas that are not otherwise baited areas, and where grain or other feed has been distributed or scattered solely as the result of manipulation of an agricultural crop or other feed on the land where grown, or solely as the result of a normal agricultural operation; or(11) while possessing loose shot that is not non-toxic shot or shotshells containing any shot other than non-toxic shot. The provisions of this paragraph apply only to the hunting of waterfowl. Source Note: The provisions of this §65.310 adopted to be effective August 13, 2007, 32 TexReg 5027; amended to be effective August 20, 2008, 33 TexReg 6593. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE N MIGRATORY GAME BIRD PROCLAMATION §65.310 Means and Methods https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18997&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18997 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=18997&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 18997 03/11/2026 (a) No person may import into this state or possess a migratory game bird taken outside this state, unless the person possessing the bird produces upon demand by a game warden a valid driver's license or personal identification certificate, and one of the following documents:(1) a valid hunting license, stamp, tag, permit, or document for the state or country in which the migratory game birds were lawfully taken; or(2) a statement from the United States Customs Officer, obtained at the port of entry, showing that the migratory game birds were brought from Mexico.(b) One fully feathered wing or the head must remain attached on all migratory game birds while being transported by any means from Mexico into Texas and must remain attached to the birds until reaching a cold storage or processing facility, or reaching the personal residence of the possessor. Source Note: The provisions of this §65.311 adopted to be effective August 26, 1997, 22 TexReg 7896. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE N MIGRATORY GAME BIRD PROCLAMATION §65.311 Importation of Migratory Game Birds https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=131373&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 131373 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=131373&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 131373 03/11/2026 (a) For all migratory birds taken for which there is a possession limit, the possession limit shall apply until the birds have reached the personal residence of the possessor and are finally processed.(b) A person may give, leave, receive, or possess any species of legally taken migratory game birds, or parts of birds, that are protected by a bag or possession limit, if the birds are accompanied by a wildlife resource document (WRD) from the person who killed the birds. For example, a WRD is required if the birds are being transported by another person for the hunter, or if the birds have been left for cleaning, storage (including temporary storage), shipment, or taxidermy services. The WRD is not required of a person who lawfully killed the birds to possess the birds, or if the birds are transferred at the personal residence of the donor or donee. If the birds have been finally processed at a cold storage or processing facility and a person transports more than a legal possession limit, then a WRD must accompany the birds in excess of the possession limit until they reach the permanent residence of the possessor. A properly executed WRD satisfies the tagging requirements of 50 CFR Part 20. Except as provided in this subsection, a WRD shall accompany the birds until the birds reach their final destination and must contain the following information:(1) the name, signature, address, and hunting license number of the person who killed the birds;(2) the name of the person receiving the birds;(3) the number and species of birds or parts;(4) the date the birds were killed; and(5) the location where the birds were killed (e.g., name of ranch; area; lake, bay, or stream; county).(c) No person may:(1) take or have in possession more than the bag and possession limits of each species of migratory game birds except as provided in this section;(2) possess migratory game birds on the opening day of the season in excess of the applicable daily bag limit;(3) possess more than one daily bag limit of freshly killed migratory game birds while in the field or while returning from the field to one's hunting camp, automobile or other motor driven land conveyance, aircraft, temporary lodging facility, personal residence, or cold storage or processing facility; or(4) possess freshly killed migratory game birds during the closed season. Source Note: The provisions of this §65.312 adopted to be effective August 26, 1997, 22 TexReg 7896; amended to be effective August 20, 1998, 23 TexReg 8461; amended to be effective August 13, 2007, 32 TexReg 5027. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE N MIGRATORY GAME BIRD PROCLAMATION §65.312 Possession of Migratory Game Birds https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196220&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 196220 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196220&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 196220 03/11/2026 (a) No person shall hunt migratory game birds except during the open season as provided herein, or at any time except during the hours as provided herein. All dates are inclusive.(b) If no open season is provided under this subchapter for a species of migratory bird there is no open season for that species, including red-billed pigeons, band-tailed pigeons, or any species of shorebird.(c) Shooting hours for migratory game birds are from one-half hour before sunrise to sunset, except during the special white-winged dove season. In the special white-winged dove zone during the special white-winged dove season, shooting hours are from noon to sunset.(d) Except as specifically provided in this subchapter, the possession limit for any migratory game bird species is three times the daily bag limit specified for that species.(e) No person shall hunt migratory game birds in this state unless that person is certified in the Harvest Information Program.(f) Every migratory game bird wounded by hunting and reduced to possession by a hunter shall be immediately killed and become a part of the daily bag limit.(g) The provisions of 50 CFR Part 20, Subparts E, F, G, and H in effect on September 1, 2007, are adopted by reference.(h) The executive director may, after notifying the Chairman of the Commission, authorize any rulemaking necessary to modify the provisions of this subchapter. Source Note: The provisions of this §65.313 adopted to be effective August 26, 1997, 22 TexReg 7896; amended to be effective August 20, 1998, 23 TexReg 8461; amended to be effective August 13, 2007, 32 TexReg 5027; amended to be effective September 1, 2019, 44 TexReg 4063. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE N MIGRATORY GAME BIRD PROCLAMATION §65.313 General Rules https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225820&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 225820 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225820&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 225820 03/11/2026 (a) Zones.(1) North Zone: That portion of the state north of a line beginning at the International Bridge south of Fort Hancock; thence north along FM 1088 to State Highway 20; thence west along State Highway 20 to State Highway 148; thence north along State Highway 148 to Interstate Highway 10 at Fort Hancock; thence east along Interstate Highway 10 to Interstate Highway 20; thence northeast along Interstate Highway 20 to Interstate Highway 30 at Fort Worth; thence northeast along Interstate Highway 30 to the Texas-Arkansas state line.(2) Central Zone: That portion of the state between the North Zone and the South Zone.(3) South Zone and Special White-winged Dove Area: That portion of the state south of a line beginning at the International Toll Bridge in Del Rio; thence northeast along U.S. Highway 277 Spur to U.S. Highway 90 in Del Rio; thence east along U.S. Highway 90 to State Loop 1604; thence following Loop 1604 south and east to Interstate Highway 10; thence east along Interstate Highway 10 to the Texas-Louisiana State Line.(b) Seasons; Daily Bag Limits.(1) North Zone.(A) Dates: September 1- November 9, 2025 and December 19, 2025- January 7, 2026.(B) Daily bag limit: 15 mourning doves, white-winged doves, and white-tipped (white-fronted) doves in the aggregate, including no more than two white-tipped doves per day.(2) Central Zone.(A) Dates: September 1 - October 26, 2025 and December 12, 2025 - January 14, 2026.(B) Daily bag limit: 15 mourning doves, white-winged doves, and white-tipped (white-fronted) doves in the aggregate, including no more than two white-tipped doves per day.(3) South Zone and Special White-winged Dove Area.(A) Special White-winged Dove Area Season.(i) Dates: September 5-7, 12-13, 2025.(ii) Daily bag limit: 15 white-winged doves, mourning doves, and white-tipped (white-fronted) doves, in the aggregate to include no more than two mourning doves and two white-tipped (white-fronted) doves per day.(B) South Zone Season.(i) Dates: September 14 - October 26, 2025 and December 12, 2025 - January 22, 2026.(ii) Daily bag limit: 15 mourning doves, white-winged doves, and white-tipped (white-fronted) doves in the aggregate, including no more than two white-tipped (white-fronted) doves per day. Source Note: The provisions of this §65.314 adopted to be effective September 1, 2019, 44 TexReg 4063; amended to be effective September 1, 2020, 45 TexReg 5011; amended to be effective September 1, 2021, 46 TexReg 4170; amended to be effective September 1, 2022, 47 TexReg 4854; amended to be effective August 3, 2023, 48 TexReg 4123; amended to be effective September 1, 2024, 49 TexReg 6010; amended to be effective September 1, 2025, 50 TexReg 4957. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE N MIGRATORY GAME BIRD PROCLAMATION §65.314 Doves (Mourning, White-Winged, White-Tipped, White-Fronted Doves) https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225821&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 225821 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225821&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 225821 03/11/2026 (a) Zone Boundaries.(1) High Plains Mallard Management Unit (HPMMU): that portion of Texas lying west of a line from the international toll bridge at Del Rio, thence northward following U.S. Highway 277 to Abilene, State Highway 351 and State Highway 6 to Albany, and U.S. Highway 283 from Albany to Vernon, thence eastward along U.S. Highway 183 to the Texas-Oklahoma state line.(2) North Zone: that portion of Texas not in the High Plains Mallard Management Unit but north of a line from the International Toll Bridge in Del Rio; thence northeast along U.S. Highway 277 Spur to U.S. Highway 90 in Del Rio; thence east along U.S. Highway 90 to Interstate Highway 10 at San Antonio; thence east along Interstate Highway 10 to the Texas-Louisiana State Line.(3) South Zone: that part of the state not designated as being in the HPMMU or the North Zone.(4) The September teal-only special season is statewide.(b) Season dates and bag limits. (1) HPMMU. (A) For all species other than "dusky ducks": October 18-19 and October 24, 2025 - January 25, 2026; and (B) "dusky ducks": October 27, 2025 - January 25, 2026. (2) North Zone. (A) For all species other than "dusky ducks": November 8-30, 2025 and December 6, 2025 - January 25, 2026; and (B) "dusky ducks": November 13-30, 2025 and December 6, 2025 - January 25, 2026. (3) South Zone. (A) For all species other than "dusky ducks": November 1-30, 2025 and December 13, 2025- January 25, 2026; and (B) "dusky ducks": November 6-30, 2025 and December 13, 2025- January 25, 2026. (4) September teal-only season. (A) During the September teal-only special season, the season is closed for all species of ducks other than teal ducks (blue-winged, green-winged, and cinnamon).(B) Dates: September 20-28, 2025. (c) Bag limits. (1) The daily bag limit for ducks and mergansers is six in the aggregate, which may include no more than five mallards (only two of which may be hens); three wood ducks; one scaup (lesser scaup or greater scaup); two redheads; two canvasbacks; three pintails; and one "dusky" duck (mottled duck, Mexican duck, black duck and their hybrids) during the seasons established for those species in this section. For all species not listed, the daily bag limit shall be six. The daily bag limit for coots is 15. (2) The daily bag limit during the September teal-only season is six in the aggregate. Source Note: The provisions of this §65.315 adopted to be effective September 1, 2019, 44 TexReg 4063; amended to be effective September 1, 2020, 45 TexReg 5011; amended to be effective September 1, 2021, 46 TexReg 4170; amended to be effective September 1, 2022, 47 TexReg 4854; amended to be effective August 3, 2023, 48 TexReg 4123; amended to be effective September 1, 2024, 49 TexReg 6010; amended to be effective September 1, 2025, 50 TexReg 4957. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE N MIGRATORY GAME BIRD PROCLAMATION §65.315 Ducks, Coots, Mergansers, and Teal https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225822&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 225822 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225822&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 225822 03/11/2026 (a) Zone boundaries.(1) Western Zone: that portion of Texas lying west of a line from the international toll bridge at Laredo, thence northward following IH 35 and 35W to Fort Worth, thence northwest along U.S. Highways 81 and 287 to Bowie, thence northward along U.S. Highway 81 to the Texas-Oklahoma state line.(2) Eastern Zone: the remainder of the state.(b) Season dates and bag limits.(1) Western Zone.(A) Light geese: November 1, 2025 - February 1, 2026. The daily bag limit for light geese is five.(B) Dark geese: November 1, 2025 - February 1, 2026. The daily bag limit for dark geese is five.(2) Eastern Zone.(A) Light geese: November 1, 2025- February 15, 2026. The daily bag limit for light geese is five.(B) Dark geese:(i) Season: November 1, 2025- January 25, 2026;(ii) Bag limit: The daily bag limit for dark geese is five, to include no more than two white-fronted geese.(c) September Canada goose season. Canada geese may be hunted in the Eastern Zone during the season established by this subsection. The season is closed for all other species of geese during the season established by this subsection.(1) Season dates: September 13-28, 2025.(2) The daily bag limit is five. Source Note: The provisions of this §65.316 adopted to be effective September 1, 2019, 44 TexReg 4063; amended to be effective September 1, 2020, 45 TexReg 5011; amended to be effective September 1, 2021, 46 TexReg 4170; amended to be effective September 1, 2022, 47 TexReg 4854; amended to be effective August 3, 2023, 48 TexReg 4123; amended to be effective September 1, 2024, 49 TexReg 6010; amended to be effective September 1, 2025, 50 TexReg 4957. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE N MIGRATORY GAME BIRD PROCLAMATION §65.316 Geese https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225823&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 225823 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225823&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 225823 03/11/2026 (a) Special Youth Waterfowl Season. There shall be a Special Youth Season for waterfowl, during which the hunting, taking, and possession of geese, ducks, mergansers, and coots is restricted to licensed hunters 16 years of age and younger accompanied by a person 18 years of age or older, except for persons hunting by means of falconry under the provisions of §65.320 of this title (relating to Extended Falconry Seasons).(1) HPMMU:(A) season dates: October 11-12, 2025;(B) daily bag limits;(i) ducks, coots, and mergansers - as specified by §65.315(b)(1) of this title (relating to Ducks, Coots, Mergansers, and Teal); and(ii) geese - as specified by §65.316(b)(1) of this title (relating to Geese).(2) North Duck Zone:(A) season dates: November 1-2, 2025;(B) daily bag limits:(i) ducks, coots, and mergansers - as specified by §65.315(b)(2) of this title; and(ii) geese:(I) west of IH 35 - as specified by §65.316(b)(1) of this title; and(II) east of IH 35 - as specified by §65.316(b)(2) of this title.(3) South Duck Zone:(A) season dates: October 25-26, 2025;(B) daily bag limits:(i) ducks, coots, and mergansers - as specified by §65.315(b)(3) of this title; and(ii) geese:(I) west of IH 35 - as specified by §65.316(b)(1) of this title; and(II) east of IH 35 - as specified by §65.316(b)(2) of this title.(b) Special Active-Duty Military and Military Veteran Migratory Game Bird Season.(1) There shall be a Special Active-Duty Military and Military Veteran Migratory Game Bird Season for waterfowl, during which the taking and possession of ducks, geese, mergansers, coots, moorhens, and gallinules are restricted to veterans, as defined by 38 U.S.C. Section 101, and members of the armed forces of the United States on active duty, including members of the national guard and reserves on active duty other than for training.(2) While hunting during the special season established by this subsection, a person must have in possession at least one of the forms of documentation listed in this paragraph:(A) a driver's license or other state-issued identification indicating that the person to whom it was issued is a veteran of the United States Armed Forces;(B) a copy of the DD214 or DD215 discharge documentation issued to the person by the United States Department of Defense; or(C) any other identification issued by the federal government indicating that the person to whom it was issued is a veteran or member of the armed forces on active duty.(3) Season Dates and Bag Limits.(A) HPMMU:(i) season dates: October 11-12, 2025;(ii) daily bag limits:(I) ducks, coots, and mergansers - as specified by §65.315(b)(1) of this title (relating to Ducks, Coots, Mergansers, and Teal);(II) geese - as specified by §65.316(b)(1) of this title (relating to Geese); and(III) moorhens and gallinules - as specified by §65.319(a)(2) of this title (relating to Gallinules, Rails, Snipe, Woodcock).(B) North Duck Zone:(i) season dates: November 1-2, 2025;(ii) daily bag limits:(I) ducks, coots, and mergansers - as specified by §65.315(b)(2) of this title;(II) geese:(-a-) west of IH 35 - as specified by §65.316(b)(1) of this title; and(-b-) east of IH 35 - as specified by §65.316(b)(2) of this title.(-c-) moorhens and gallinules - as specified by §65.319(a)(2) of this title.(C) South Duck Zone:(i) season dates: October 25-26, 2025;(ii) daily bag limits:(I) ducks, coots, and mergansers - as specified by §65.315(b)(3) of this title; and(II) geese:(-a-) west of IH 35 - as specified by §65.316(b)(1) of this title; and(-b-) east of IH 35 - as specified by §65.316(b)(2) of this title.(-c-) moorhens and gallinules - as specified by §65.319(a)(2) of this title.(4) It is a defense to prosecution that a person cited for a violation of this subsection produces in court proof of the person's veteran or active-duty status in accordance with commission rule. Source Note: The provisions of this §65.317 adopted to be effective September 1, 2019, 44 TexReg 4063; amended to be effective September 1, 2020, 45 TexReg 5011; amended to be effective September 1, 2021, 46 TexReg 4170; amended to be effective September 1, 2022, 47 TexReg 4854; amended to be effective August 3, 2023, 48 TexReg 4123; amended to be effective September 1, 2024, 49 TexReg 6010; amended to be effective September 1, 2025, 50 TexReg 4957. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE N MIGRATORY GAME BIRD PROCLAMATION §65.317 Special Youth, Active-Duty Military, and Military Veteran Seasons https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225824&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 225824 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225824&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 225824 03/11/2026 (a) Zone Boundaries.(1) Zone A: that portion of Texas lying west of a line beginning at the international toll bridge at Laredo, thence northeast along U.S. Highway 81 to its junction with Interstate Highway 35 in Laredo, thence north along Interstate Highway 35 to its junction with Interstate Highway 10 in San Antonio, thence northwest along Interstate Highway 10 to its junction with U.S. Highway 83 at Junction, thence north along U.S. Highway 83 to its junction with U.S. Highway 62, 16 miles north of Childress, thence east along U.S. Highway 62 to the Texas-Oklahoma state line.(2) Zone B: that portion of Texas lying within boundaries beginning at the junction of U.S. Highway 81 and the Texas-Oklahoma state line, thence southeast along U.S. Highway 81 to its junction with U.S. Highway 287 in Montague County, thence southeast along U.S. Highway 287 to its junction with Interstate Highway 35W in Fort Worth, thence southwest along Interstate Highway 35 to its junction with Interstate Highway 10 in San Antonio, thence northwest along Interstate Highway 10 to its junction with U.S. Highway 83 in Junction, thence north along U.S. Highway 83 to its junction with U.S. Highway 62, 16 miles north of Childress, thence east along U.S. Highway 62 to the Texas-Oklahoma state line, thence south along the Texas-Oklahoma state line to the south bank of the Red River, thence eastward along the vegetation line on the south bank of the Red River to U.S. Highway 81.(3) Zone C: the remainder of the state, except for the closed areas specified in paragraph (4) of this subsection.(4) Closed areas:(A) that portion of the state lying east and north of a line beginning at the junction of U.S. Highway 81 and the Texas-Oklahoma state line, thence southeast along U.S. Highway 81 to its junction with U.S. Highway 287 in Montague County, thence southeast along U.S. Highway 287 to its junction with Interstate Highway 35W in Fort Worth, thence southwest along Interstate Highway 35 to its junction with U.S. Highway 290 East in Austin, thence east along U.S. Highway 290 to its junction with Interstate Loop 610 in Harris County, thence south and east along Interstate Loop 610 to its junction with Interstate Highway 45 in Houston, thence south on Interstate Highway 45 to State Highway 342, thence to the shore of the Gulf of Mexico, and thence north and east along the shore of the Gulf of Mexico to the Texas-Louisiana state line; and(B) that portion of the state lying within the boundaries of a line beginning at the Kleberg-Nueces county line and the shore of the Gulf of Mexico, thence west along the county line to Park Road 22 in Nueces County, thence north and west along Park Road 22 to its junction with State Highway 358 in Corpus Christi, thence west and north along State Highway 358 to its junction with State Highway 286, thence north along State Highway 286 to its junction with Interstate Highway 37, thence east along Interstate Highway 37 to its junction with U.S. Highway 181, thence north and west along U.S. Highway 181 to its junction with U.S. Highway 77 in Sinton, thence north and east along U.S. Highway 77 to its junction with U.S. Highway 87 in Victoria, thence south and east along U.S. Highway 87 to its junction with State Highway 35 at Port Lavaca, thence north and east along State Highway 35 to the south end of the Lavaca Bay Causeway, thence south and east along the shore of Lavaca Bay to its junction with the Port Lavaca Ship Channel, thence south and east along the Lavaca Bay Ship Channel to the Gulf of Mexico, and thence south and west along the shore of the Gulf of Mexico to the Kleberg-Nueces county line.(b) Season dates and bag limits.(1) Zone A: October 25, 2025 - January 25, 2026. The daily bag limit is three.(2) Zone B: November 21, 2025 - January 25, 2026. The daily bag limit is three.(3) Zone C: December 13, 2025 - January 18, 2026. The daily bag limit is two.(c) No person may hunt sandhill cranes in this state unless that person has obtained a department-issued federal sandhill crane permit valid for the season in which the hunting occurs. The permit required by this subsection is free. Source Note: The provisions of this §65.318 adopted to be effective September 1, 2019, 44 TexReg 4063; amended to be effective September 1, 2020, 45 TexReg 5011; amended to be effective September 1, 2021, 46 TexReg 4170; amended to be effective September 1, 2022, 47 TexReg 4854; amended to be effective August 3, 2023, 48 TexReg 4123; amended to be effective September 1, 2024, 49 TxReg 6010; amended to be effective September 1, 2025, 50 TexReg 4957. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE N MIGRATORY GAME BIRD PROCLAMATION §65.318 Sandhill Crane https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225825&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 225825 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225825&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 225825 03/11/2026 (a) Gallinules (moorhen or common gallinule and purple gallinule) may be taken in any county of this state during the season established in this subsection.(1) Season dates: September 20-28 and November 1 - December 31, 2025.(2) Daily bag limit: 15 in the aggregate.(b) Rails may be taken in any county of this state during the season established by this subsection.(1) Season dates: September 20-28 and November 1 - December 31, 2025.(2) Daily bag limits:(A) King and clapper rails. The daily bag limit is 15 in the aggregate; and(B) Sora and Virginia rails. The daily bag limit is 25 in the aggregate.(c) Snipe may be taken in any county of this state during the season established by this subsection.(1) Season dates: November 1, 2025 - February 15, 2026.(2) The daily bag limit is eight.(d) Woodcock may be taken in any county of this state during the season established by this subsection.(1) Season dates: December 18, 2025 - January 31, 2026.(2) The daily bag limit is three. Source Note: The provisions of this §65.319 adopted to be effective September 1, 2019, 44 TexReg 4063; amended to be effective September 1, 2020, 45 TexReg 5011; amended to be effective September 1, 2021, 46 TexReg 4170; amended to be effective September 1, 2022, 47 TexReg 4854; amended to be effective August 3, 2023, 48 TexReg 4123; amended to be effective September 1, 2024, 49 TexReg 6010; amended to be effective September 1, 2025, 50 TexReg 4957. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE N MIGRATORY GAME BIRD PROCLAMATION §65.319 Gallinules, Rails, Snipe, Woodcock https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225826&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 225826 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225826&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 225826 03/11/2026 It is lawful to take the species of migratory birds listed in this section by means of falconry during the seasons established by this section.(1) Mourning doves, white-winged doves and white-tipped doves: November 14- November 30, 2025.(2) Duck, gallinule, moorhen, rail, and woodcock: January 26 - February 15, 2026.(3) There is no extended falconry season in the HPMMU.(4) Daily bag limit: three in the aggregate. Source Note: The provisions of this §65.320 adopted to be effective September 1, 2019, 44 TexReg 4063; amended to be effective September 1, 2020, 45 TexReg 5011; amended to be effective September 1, 2021, 46 TexReg 4170; amended to be effective September 1, 2022, 47 TexReg 4854; amended to be effective August 3, 2023, 48 TexReg 4123; amended to be effective September 1, 2024, 49 TexReg 6010; amended to be effective September 1, 2025, 50 TexReg 4957. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE N MIGRATORY GAME BIRD PROCLAMATION §65.320 Extended Falconry Seasons https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=62886&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 62886 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=62886&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 62886 03/11/2026 The penalty provided by law for violations of this subchapter is prescribed by the Texas Parks and Wildlife Code, §64.027. Source Note: The provisions of this §65.322 adopted to be effective January 31, 1999, 24 TexReg 585. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE N MIGRATORY GAME BIRD PROCLAMATION §65.322 Penalties https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=153628&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 153628 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=153628&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 153628 03/11/2026 (a) General Applicability. In this subchapter, nongame wildlife means those species of vertebrate wildlife, living or dead, that are indigenous to this state and are not classified as game animals, birds, fish, furbearing animals, endangered species, alligators, marine penaeid shrimp, or oysters. Nongame wildlife includes captive-bred nongame wildlife, parts of nongame wildlife, and the eggs of nongame wildlife.(b) Exceptions. This subchapter does not apply to the following nongame wildlife:(1) coyotes;(2) mountain lions;(3) bobcats;(4) rabbits (genus Sylvilagus);(5) American bison;(6) diamondback terrapin (Malaclemys terrapin), which are addressed under the provisions of §57.972 of this title (relating to General Rules);(7) bats (which are protected under the provisions of Parks and Wildlife Code, §63.101); or(8) threatened species listed in Subchapter G of this chapter (relating to Threatened and Endangered Nongame Species).(c) Transitional Provisions for Possession of Certain Nongame Wildlife. A person in lawful possession of nongame wildlife listed in §65.331(e) of this title (relating to Commercial Activity) prior to October 21, 2007 who possesses the nongame wildlife for personal, noncommercial use may continue to possess the nongame wildlife and any increase, provided:(1) the person contacts the department by no later than November 1, 2010 and reports the person's name and address, and the species and number of the nongame wildlife in possession; and(2) the person does not engage in any commercial activity involving the nongame wildlife possessed under this section. Source Note: The provisions of this §65.325 adopted to be effective January 1, 1999, 23 TexReg 10034; amended to be effective October 28, 2002, 27 TexReg 10041; amended to be effective October 21, 2007, 32 TexReg 7472; amended to be effective November 18, 2008, 33 TexReg 9266; amended to be effective November 16, 2011, 36 TexReg 7672. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE O COMMERCIAL NONGAME PERMITS §65.325 Applicability https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=97168&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 97168 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=97168&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 97168 03/11/2026 The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. All other words and terms shall have the meanings assigned by the Parks and Wildlife Code or regulatory definitions adopted under the authority of Parks and Wildlife Code.(1) Captive-bred--Any wildlife born in captivity from parents held in captivity.(2) Commercial activity--The sale, offer for sale, exchange, or barter of nongame wildlife.(3) Export--The transport of nongame wildlife from Texas across a state or international boundary.(4) Possession--actual care, custody, or control of nongame wildlife.(5) Resale--Any transaction or activity in which a person purchases nongame wildlife or otherwise acquires nongame wildlife for a consideration and subsequently transfers or delivers the same nongame wildlife to any person in exchange for compensation or remuneration of any kind.(6) Processed product--(A) nongame wildlife or parts of nongame wildlife that have been treated or prepared, by means other than refrigeration or freezing, to prevent decomposition; or(B) parts of nongame wildlife that do not require treatment or preparation to prevent decomposition. Source Note: The provisions of this §65.326 adopted to be effective January 1, 1999, 23 TexReg 10034; amended to be effective October 28, 2002, 27 TexReg 10041. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE O COMMERCIAL NONGAME PERMITS §65.326 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205555&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 205555 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205555&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 205555 03/11/2026 (a) General Requirement. Except as provided in this subchapter, no person may collect, acquire, possess, import, export, cause the import or export of, or engage in a commercial activity involving nongame wildlife.(b) Permit Privileges and Restrictions.(1) The holder of a valid nongame dealer permit may:(A) collect nongame wildlife listed in §65.331(d) of this title (relating to Commercial Activity) from the wild;(B) sell lawfully obtained nongame wildlife to anyone;(C) acquire nongame wildlife by or for a commercial activity only from a person permitted under this subchapter or a lawful out-of-state source; and(D) import nongame wildlife, including species listed in §65.331(e) of this title, into Texas for any purpose, including sale or resale, or for purposes of export, provided the person:(i) does not release the nongame wildlife in Texas or allow the nongame wildlife to commingle with native nongame wildlife in Texas;(ii) possesses an invoice, bill of sale, or receipt establishing that the nongame wildlife was lawfully obtained in and transported from another state;(iii) completes and mails to the department a department-supplied Notice of Import/Export within 24 hours of each instance of receiving such nongame wildlife from out-of-state; and(iv) maintains all documentation required by this paragraph for a period of two years following the importation of the nongame wildlife. The documentation required by this paragraph includes the dealer's copy of each Notice of Import/Export. All documentation shall be provided at the request of any department employee acting within the scope of official duties;(E) export lawfully obtained nongame wildlife, including species listed in §65.331(e) of this title, from Texas for any reason, including sale or resale, provided the person:(i) completes and mails to the department a department-supplied Notice of Import/Export within 24 hours of each instance of shipping such wildlife out-of-state; and(ii) maintains the dealer's copy of each Notice of Import/Export for a period of two years following each instance of exportation of nongame wildlife. The documentation required by this paragraph shall be provided at the request of any department employee acting within the scope of official duties; and(F) engage in captive breeding of all species of nongame wildlife; and(G) possess, transport, purchase, sell, resell, import, or export dead armadillos (Dasypus novemcinctus); however, the possession, transportation, sale, resale, import, or export of live armadillos is prohibited under Parks and Wildlife Code, §63.103.(2) The holder of a valid nongame permit:(A) may collect nongame wildlife listed in §65.331(d) of this title from the wild; and(B) may purchase or acquire nongame wildlife, including species listed in §65.331(e) of this title, from the holder of a valid nongame dealer permit or lawful out-of-state source; but(C) may sell only to the holder of a valid nongame dealer permit; and(D) may possess, transport, purchase, sell, resell, import, or export dead armadillos (Dasypus novemcinctus), however:(i) dead armadillos may be sold only to the holder of a valid nongame dealer permit; and(ii) the possession, transportation, sale, resale, import, or export of live armadillos is prohibited under Parks and Wildlife Code, §63.103.(3) A person without a nongame or nongame dealer's permit may:(A) possess six or fewer specimens of a species of nongame wildlife listed in §65.331(e) of this title, provided the person does not engage in commercial activity involving the nongame wildlife; and(B) possess 25 or fewer specimens of a species of nongame wildlife listed in §65.331(d) of this title, provided the person does not engage in commercial activity involving the nongame wildlife.(4) A permit is not required for any person to sell nongame wildlife listed in §65.331(b) or (d) of this title for and ready for immediate consumption in individual portion servings, and which are subject to limited sales or use tax, provided the person maintains a receipt identifying the source of the nongame wildlife.(5) Notwithstanding any other requirement of this subchapter, no permit under this subchapter is required to purchase, possess, or sell processed products made from nongame wildlife.(6) No person in this state may take nongame wildlife and subsequently treat it to create a processed product for sale, offer for sale, exchange, or barter unless that person possesses a valid nongame dealer's permit.(c) Possession of Permit.(1) This subchapter does not relieve any person of the obligation to possess an appropriate hunting license for any activity involving the take of nongame wildlife.(2) Except as provided in this section, a permit required by this subchapter shall be possessed on the person of the permittee during any activity governed by this subchapter. A separate permit is required for each permanent place of business. An employee of a nongame dealer may engage in commercial activity or the resale of nongame wildlife only at a permanent place of business operated by the permittee, provided that:(A) the employer's permit or a legible photocopy of the permit is maintained at the place of business during all activities governed by this subchapter; and(B) the place of business has been identified on the application required by §65.329 of this title (relating to Permit Application).(3) In the event that a nongame dealer conducts a commercial activity at a place in addition to the permittee's permanent place of business, that person shall possess on their person the original or a legible photocopy of a valid nongame dealer's permit.(d) Period of Permit Validity. A permit issued under this subchapter is valid through the August 31 immediately following the date of issuance.(e) Exception. No permit is required for nongame wildlife not taken or originating in Texas that are shipped by common carrier or accompanied by documentation of lawful possession from outside of this state to a destination within this state for immediate shipment outside the state. Source Note: The provisions of this §65.327 adopted to be effective January 1, 1999, 23 TexReg 10034; amended to be effective October 28, 2002, 27 TexReg 10041; amended to be effective October 21, 2007, 32 TexReg 7472; amended to be effective November 18, 2008, 33 TexReg 9266; amended to be effective November 16, 2011, 36 TexReg 7672; amended to be effective September 1, 2021, 46 TexReg 4171. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE O COMMERCIAL NONGAME PERMITS §65.327 Permit Required https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193174&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 193174 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193174&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 193174 03/11/2026 Any device employed or emplaced to take or attempt to take nongame wildlife shall be marked with a gear tag. The gear tag must bear the name and address of the person using the device and the date the device was set out. The information on the gear tag must be legible. The gear tag is valid for 30 days following the date indicated on the tag. Source Note: The provisions of this §65.328 adopted to be effective October 28, 2002, 27 TexReg 10041; amended to be effective November 4, 2018, 43 TexReg 7178. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE O COMMERCIAL NONGAME PERMITS §65.328 Means and Methods https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211064&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 211064 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211064&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 211064 03/11/2026 (a) An applicant for a dealer's nongame permit under this subchapter shall submit to the department a completed application on a form supplied by the department, accompanied by the nonrefundable fee specified in Chapter 53 of this title (relating to Finance).(b) Permits shall be issued to named individuals only, resident or nonresident as applicable, and shall not be issued in the name of any firm, organization, or institution. Source Note: The provisions of this §65.329 adopted to be effective January 1, 1999, 23 TexReg 10034; amended to be effective October 28, 2002, 27 TexReg 10041; amended to be effective September 19, 2019, 44 TexReg 5401; amended to be effective December 4, 2022, 47 TexReg 7909. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE O COMMERCIAL NONGAME PERMITS §65.329 Permit Application https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=97171&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 97171 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=97171&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 97171 03/11/2026 (a) A person possessing a nongame permit issued under this subchapter shall, during the period of validity of the permit:(1) continuously maintain and possess upon their person during any permitted activity a daily log indicating the date, location, and number of specimens of each species collected and/or possessed; and(2) maintain a current daily record of all sales, to include the permit number of all nongame dealers purchasing nongame wildlife from the permittee.(b) A person possessing a nongame dealer permit shall:(1) maintain a current daily record of all purchases and sales;(2) maintain a collection log, invoice, or receipt identifying the source or origin of each specimen of nongame wildlife in possession (to include the nongame permit number of all persons from whom nongame specimens are purchased or acquired); and(3) complete and submit to the department, on a form supplied or approved by the department, an annual report for the period of August 1 through the following July 31. The report is due no later than August 15 of each year.(c) All records required by this section shall be retained and kept available for inspection upon request of a department employee acting within the official scope of duty for a period of two years following the period of validity of the permit under which they are required to be kept. Source Note: The provisions of this §65.330 adopted to be effective January 1, 1999, 23 TexReg 10034; amended to be effective October 28, 2002, 27 TexReg 10041. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE O COMMERCIAL NONGAME PERMITS §65.330 Record and Reporting Requirements https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198956&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 198956 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198956&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 198956 03/11/2026 (a) Policy. The department shall develop a policy for periodic evaluation of pertinent information or evidence to determine if a species should be added to or removed from the lists of species in this section.(b) Turtles. No person while on or in public water may possess or use a net or trap capable of catching a turtle. This section does not apply to:(1) dip nets; or(2) minnow traps, provided the minnow trap is less than 24 inches in length or has a throat smaller than one by three inches.(c) It is an offense for any person to take or attempt to take nongame wildlife for purposes of commercial activity from public land or water.(d) The species of nongame wildlife listed in this paragraph may be possessed, purchased, sold, offered for sale, imported, or exported as provided under this subchapter.Attached Graphic(e) No person shall engage in commercial activity involving any nongame species not listed in subsection (d) of this section, except as provided in §65.327 of this title (relating to Permit Required). This prohibition on commercial activity includes, but is not limited to, the following species:Attached Graphic Source Note: The provisions of this §65.331 adopted to be effective January 1, 1999, 23 TexReg 10034; amended to be effective October 28, 2002, 27 TexReg 10041; amended to be effective October 21, 2007, 32 TexReg 7472; amended to be effective November 18, 2008, 33 TexReg 9266; amended to be effective November 16, 2011, 36 TexReg 7672; amended to be effective November 4, 2018, 43 TexReg 7178; amended to be effective March 30, 2020, 45 TexReg 2192. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE O COMMERCIAL NONGAME PERMITS §65.331 Commercial Activity https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=62964&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 62964 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=62964&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 62964 03/11/2026 A person who violates any provision of this subchapter commits an offense and is subject to the penalties provided by Parks and Wildlife Code, §67.005. Source Note: The provisions of this §65.332 adopted to be effective January 1, 1999, 23 TexReg 10034. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE O COMMERCIAL NONGAME PERMITS §65.332 Violations and Penalties https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=125372&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 125372 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=125372&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 125372 03/11/2026 Except as may be provided under the terms and conditions of special permits or contracts issued under Parks and Wildlife Code, Chapters 43 or 81, or under the provisions of Subchapter A of this chapter, this subchapter governs the taking, possession, propagation, transportation, exportation, importation, and sale of alligators in this state. Source Note: The provisions of this §65.351 adopted to be effective September 19, 1996, 21 TexReg 8732; amended to be effective September 1, 2006, 31 TexReg 5362. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE P ALLIGATOR PROCLAMATION §65.351 Application https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200798&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 200798 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200798&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 200798 03/11/2026 The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. All other words and terms shall have the meanings assigned in Subchapter A of this chapter (relating to the Statewide Hunting and Fishing Proclamation) and in the Parks and Wildlife Code.(1) Alligator--For the purposes of this subchapter, alligator means any American alligator (Alligator mississippiensis), living or dead, or any part of an alligator, including eggs.(2) Clutch--The number of alligator eggs, both fertile and infertile, in a single alligator nest.(3) Control hunter--A person authorized by the department to take nuisance alligators.(4) Consumer--A person who purchases alligators, alligator parts, or products made from alligators for personal use or consumption and who does not sell, resell, trade, or barter the alligators, alligator parts, or products made from alligators in exchange for anything of value.(5) Egg--An alligator egg.(6) Egg collection activities--Nest disturbance, removal of eggs, or possession of eggs removed from wild nests.(7) Egg collector--A person authorized by the department to collect, possess, or transport alligator eggs.(8) Export--The physical transportation of an alligator to any point outside the state of Texas.(9) Farm--A premises where alligators are bred or raised under department-sanctioned conditions.(10) Farmer--A person who possesses a valid alligator farming permit issued under this subchapter.(11) Hatchling alligator--Any alligator less than 12 inches in length.(12) Import--The physical transportation of an alligator from outside of Texas across the state line into Texas.(13) Nest disturbance--The act of physically manipulating, handling, or tampering with an alligator nest in any way.(14) Incubation-only facility--An alligator farm where operations are restricted to the incubation and hatching of alligators(15) Nuisance alligator--An alligator that is depredating or a threat to human health or safety.(16) Partially processed alligator--A whole alligator that has been skinned except for the head, or a whole alligator that has been skinned except for the head and feet.(17) Processed product--Any alligator part (and its resulting products, including meat that has been removed from the skeleton) that has been treated to prevent decomposition and/or packaged for sale.(18) Retail dealer--A person possessing a valid retail dealer permit issued under this subchapter.(19) Wholesale dealer--A person possessing a valid wholesale dealer permit issued under this subchapter.(20) Skull length--the distance from the anterior edge of the premaxilla to the posterior edge of the parietal, measured along the mid-line of the skull. Source Note: The provisions of this §65.352 adopted to be effective September 19, 1996, 21 TexReg 8732; amended to be effective August 26, 1997, 22 TexReg 7898; amended to be effective October 21, 2003, 28 TexReg 9081; amended to be effective October 7, 2018, 43 TexReg 6668; amended to be effective August 24, 2020, 45 TexReg 5923. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE P ALLIGATOR PROCLAMATION §65.352 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200799&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 200799 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200799&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 200799 03/11/2026 (a) Except as provided in this subchapter or Subchapter A of this chapter, no person may possess an untagged alligator hide or undocumented alligator part.(b) Except as provided in this subchapter or Parks and Wildlife Code, Chapter 43, Subchapter C, no person may possess a live alligator.(c) Any person transporting live alligators shall take reasonable precautions to maximize the humane treatment of and minimize stress to the alligators being transported.(d) No person other than a wholesale dealer or farmer may process alligator meat for purpose of sale.(e) No alligator egg collected or obtained under authority of this subchapter may be shipped out of state.(f) Nothing in this subchapter shall be construed to relieve any person from the applicability of any local, state, or federal requirement regarding food safety. Source Note: The provisions of this §65.353 adopted to be effective August 26, 1997, 22 TexReg 7898; amended to be effective October 21, 2003, 28 TexReg 9081; amended to be effective September 1, 2006, 31 TexReg 5362; amended to be effective August 24, 2020, 45 TexReg 5923. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE P ALLIGATOR PROCLAMATION §65.353 General Provisions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200800&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 200800 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200800&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 200800 03/11/2026 (a) Sale by control hunter.(1) A control hunter may possess a dead alligator indefinitely, but may sell the alligator only to a farmer or wholesale dealer. While in possession of a dead alligator taken under a control contract, a control hunter shall maintain possession of the contract under which the alligator was taken and a copy of the Nuisance Alligator Hide Tag Report on a form supplied or approved by the department. The control hunter shall present the contract upon request of a department employee acting within the scope of official duties.(2) A control hunter may temporarily possess a live nuisance alligator, but must sell the alligator to a licensed alligator farmer within 14 days from the time the alligator is first captured.(b) Purchase and sale by retail dealer.(1) A retail dealer may purchase an alligator only from a valid wholesale dealer or lawful out-of-state source.(2) Except as provided in this subchapter, no person may purchase an alligator from a wholesale dealer for the purpose of resale without possessing either a valid retail dealer's permit or a valid wholesale dealer's permit.(3) Except as provided in this subchapter, no person may sell processed alligator parts such as skulls, feet, or teeth unless that person possesses a valid retail dealer permit.(4) A person possessing a valid retail dealer permit may sell legally obtained and documented processed alligators only to consumers.(5) A retail dealer permit is not required of a:(A) person selling processed products so long as alligator hide is the only alligator part used (e.g., footwear, belts, wallets, luggage, etc.);(B) person that sells alligator ready for immediate consumption in individual portion servings; or(C) person who purchases packaged alligator meat from a wholesale dealer, retail dealer, or farmer for re-sale to consumers.(6) A retail dealer permit is required for each place of business, mobile or permanent, where activities that require a retail dealer permit are conducted.(c) Purchase and sale by wholesale dealer.(1) A person possessing a wholesale dealer permit may sell legally obtained and documented:(A) processed and partially processed alligators to anyone; and(B) unprocessed alligators only to another wholesale dealer or to an alligator farmer.(2) A wholesale dealer may purchase legally taken alligators from any hunter, dealer, farmer, import permit holder, or control hunter.(d) Purchase and sale by farmer.(1) A farmer may purchase:(A) live alligators from a farmer or control hunter; and(B) dead alligators from a farmer, wholesale dealer, recreational hunter, or control hunter; and(C) alligator eggs only from a person authorized under this subchapter to sell alligator eggs.(2) A farmer may sell:(A) live alligators to another farmer or to the holder of a permit issued under Parks and Wildlife Code, Chapter 43, Subchapter C; and(B) lawfully documented, unprocessed, dead alligators only to a wholesale dealer or another farmer.(3) It is an offense for any alligator farmer to:(A) transport or receive a live alligator unless the alligator farmer has completed and submitted to the department's Law Enforcement Communication Center by fax or email a transfer notification on a form supplied or approved by the department.(i) The notification required by this subparagraph shall be submitted not less than 24 hours nor more than 48 hours prior to the transport or receipt.(ii) If for any reason the transport or receipt cannot take place after the department has been notified under clause (i) of this subparagraph, the alligator farmer shall contact the department's Law Enforcement Communications Center by fax or email to cancel the notification. The cancellation notice must be received by the department prior to the initiation time indicated on the transport notification under clause (i) of this subparagraph; or(B) transport live alligators for exhibition purposes unless authorized by a permit issued under Parks and Wildlife Code, Chapter 43, Subchapter C.(e) Sale by recreational hunter.(1) A person who lawfully kills an alligator under a hunting license may sell only to a farmer or wholesale dealer or lawful out-of-state purchaser.(2) An alligator taken by annual public hunting permit may not be sold or bartered for anything of value at any time unless a commercial alligator hide tag has been purchased from the department and attached to the alligator. Source Note: The provisions of this §65.357 adopted to be effective October 21, 2003, 28 TexReg 9081; amended to be effective September 1, 2006, 31 TexReg 5362; amended to be effective July 12, 2009, 34 TexReg 4640; amended to be effective August 24, 2020, 45 TexReg 5923. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE P ALLIGATOR PROCLAMATION §65.357 Purchase and Sale of Alligators https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200801&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 200801 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200801&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 200801 03/11/2026 (a) A landowner may apply for alligator nest stamps by submitting a completed application for nest stamp issuance to the department on a form supplied or approved by the department. The application must contain the GPS coordinates of each known alligator nest and a map showing the location and dimensions of the property where the nests are located.(b) The department may make a conditional partial issuance of nest stamps to egg collectors on properties that have historically received nest stamps, based on biological factors and compliance history; however, no further issuance of nest stamps shall take place until the egg collector who has received partial issuance has submitted complete nest location data for the property, including nests disturbed under the partial issuance.(c) The department may, at its discretion, verify reported nest locations to confirm the accuracy of application materials.(d) It is unlawful for a landowner to utilize a nest stamp for a tract of land or water other than the tract for which the stamp was originally issued.(e) An alligator egg collector shall conduct egg collection activities only on the tracts of land or water designated for the stamps in their possession.(f) Alligator eggs shall be collected from the wild only by hand.(g) No person may possess alligator eggs without possessing an egg collection permit or a valid alligator farmer permit.(h) No person may engage in egg collection activities between sunset and one half-hour before sunrise.(i) When engaged in egg collection activities, an alligator egg collector must possess on his or her person one or more current nest stamps and an Alligator Nest Stamp Authorization on a form supplied or approved by the department. At least one person in possession of a current nest stamp and nest stamp authorization must be present during all collection activities.(j) No person may collect alligator eggs without possessing a valid hunting license.(k) Immediately upon collection and throughout transportation and incubation each clutch of eggs must be accompanied by a completed nest stamp.(l) No person to whom the department has issued a nest stamp may engage in egg collection without having completed and submitted to the department's Law Enforcement Communication Center by fax or email an egg collection activity notification on a form supplied or approved by the department. The notification required by this subsection shall be submitted not less than 24 hours nor more than 48 hours prior to beginning egg collection activities. If for any reason egg collection activities cannot take place after the department has been notified under this subsection, the department's Law Enforcement Communications Center shall be contacted by fax or email to cancel the notification. The cancellation notice must be received by the department prior to the initiation time indicated on the egg collection activity notification.(m) An alligator egg collector may sell alligator eggs only to a farmer designated by permit. Source Note: The provisions of this §65.358 adopted to be effective August 26, 1997, 22 TexReg 7898; amended to be effective September 1, 2006, 31 TexReg 5362; amended to be effective August 24, 2020, 45 Texeg 5923. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE P ALLIGATOR PROCLAMATION §65.358 Alligator Egg Collectors https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200802&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 200802 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200802&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 200802 03/11/2026 (a) A consumer may possess processed alligators and processed alligator meat products without permit or documentation requirements.(b) Alligator eggs possessed under a farming permit must be at a farm facility.(c) Except as provided in subsection (a) of this section, all alligators or alligator parts possessed, sold, purchased, exported, or imported shall be accompanied by evidence of lawful take and/or possession. Depending on the applicability of paragraphs (1) - (3) of this subsection, evidence of lawful take shall consist of:(1) an applicable license or permit number and hide tag issued by the state or country of origin, which shall be firmly attached to an alligator hide. If the alligator hide is boxed or otherwise packaged for transport, the hide must be tagged, but the license or permit may be retained by the person in possession of the alligator, provided it is kept available for inspection by an authorized employee of the department;(2) a document, tag, or label for each alligator part, except for the hide, that specifies the:(A) place of origin;(B) name and address of the seller;(C) applicable license or permit number that is required by the state or country of origin;(D) hide tag number of the alligator from which the part originated;(E) Import Permit number, if imported into Texas; and(F) date of shipment, if imported into Texas; or(3) a document, tag, or label affixed to the outside of any package or container of alligators. The label must specify the:(A) contents;(B) hide tag number of the alligator from which the parts originated; and(C) any applicable license or permit numbers.(d) Meat products processed and packaged by a farmer or wholesale dealer must be accompanied by an invoice or bill of sale that:(1) specifies the amount of packaged alligator meat by weight; and(2) identifies the farmer or wholesale dealer from which the packaged meat originated.(e) The documents required in this subsection must accompany individual alligator parts after sale.(f) An individual skull not accompanied by the hide and/or parts of the alligator from which it originated shall be legibly marked with the hide tag number of the alligator from which it originated. The marking shall be in indelible ink on the lower jaw. The provisions of this subsection apply only to skulls of nine inches or greater in length when measured as described in §65.352(20) of this title (relating to Definitions). This subsection does not apply to skulls possessed before the effective date of the subsection. Source Note: The provisions of this §65.359 adopted to be effective August 26, 1997, 22 TexReg 7898; amended to be effective October 21, 2003, 28 TexReg 9081; amended to be effective August 24, 2020, 45 TexReg 5923. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE P ALLIGATOR PROCLAMATION §65.359 Possession https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200803&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 200803 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200803&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 200803 03/11/2026 (a) A Nuisance Alligator Hide Tag Report shall be completed by a control hunter on a form supplied or approved by the department immediately upon take and shall be submitted to the department within seven days. A dealer or person possessing the alligator hide shall retain a copy of the report until the hide is shipped or sold out of state, at which time the copy shall be forwarded to the department.(b) A person receiving hide tags from the department shall complete and submit an Annual Hide Target Report on a form supplied or approved by the department accounting for all tags by October 10 following the end of the open season for which tags were issued. Unused tags shall be returned with this report.(c) A wholesale dealer shall complete and submit an Alligator Transaction Report on a form supplied or approved by the department by October 31 and by the last day of every third month thereafter detailing purchase and sale transactions during the license year. A wholesale dealer shall retain a copy of each report required by this subsection for a minimum of two years and shall produce such records upon the request of a department employee acting in the discharge of official duties.(d) A retail dealer shall retain records of all purchases from wholesale dealers for a minimum of two years.(e) An alligator import permit holder shall complete and submit an Alligator Import Report on a form supplied or provided by the department within 30 days following permit period termination.(f) Except for farmers operating an incubation-only facility under §65.361(e) of this title (relating to Alligator Farm Facility Requirements), a farmer shall submit quarterly reports on a form supplied or approved by the department within 15 days of the end of each quarterly period (February, May, August, and November).(g) A farmer operating an incubation-only facility under the provisions of §65.361(e) of this title shall file an Incubation Summary on a form supplied or approved by the department no later than October 1 of each year.(h) An alligator egg collector shall complete and submit an Annual Egg Collection Report provided or approved by the department and return all unused nest stamps by October 1 of each year.(i) All persons to whom hide tags or nest stamps have been issued shall notify the department in writing within 15 days in the event that any tags or stamps are lost, stolen, mutilated, or destroyed. The department will not replace tags or stamps so reported. Source Note: The provisions of this §65.360 adopted to be effective September 19, 1996, 21 TexReg 8732; amended to be effective October 21, 2003, 28 TexReg 9081; amended to be effective September 1, 2006, 31 TexReg 5362; amended to be effective August 24, 2020, 45 TexReg 5923. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE P ALLIGATOR PROCLAMATION §65.360 Reporting and Recordkeeping Requirements https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200804&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 200804 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200804&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 200804 03/11/2026 (a) An applicant for an Alligator Farming Permit must complete and submit an application on a form supplied or approved by the department. The application must contain the GPS coordinates of the perimeter of the facility and be accompanied by a map showing the location and dimensions of the facility.(b) Except for an alligator farming permit issued under subsection (e) of this section, a first-time applicant for an alligator farming permit must, prior to permit issuance, show evidence of the following during a facility inspection by the department:(1) adequate barriers to prevent escape or entry by alligators;(2) a reliable source of clean, fresh water;(3) provision for protection from the cold, either available denning space or an enclosed, controlled-temperature environment;(4) pooled water sufficient to allow complete submersion of alligators.(c) Except as provided under §65.353 of this title (relating to General Provisions) or for live alligators being lawfully transported, a live alligator held under an Alligator Farming Permit must be kept within the facility identified in the application required by subsection (a) of this section at all times.(d) No farmer may incubate alligator eggs at a farm or incubation-only facility unless the department has approved the incubation apparatus at the farm or incubation-only facility. An incubation apparatus must be capable of maintaining water and air temperatures of 85 to 91 degrees Fahrenheit on a continuous basis when eggs and hatchlings are present.(e) A person who operates a facility solely for the purpose of incubating and hatching alligator eggs must obtain an alligator farming permit. Alligators hatched in a facility permitted under this subsection must be transferred to an alligator farm meeting the requirements of subsection (a) of this section or an out-of-state facility lawfully able to receive the hatchlings by October 1 of each year.(f) A person possessing alligator eggs under an alligator farming permit shall hold such eggs in identifiable original clutch groups in an incubation apparatus approved by the department.(g) Complete written records of all alligator stock shall be kept, including nest stamps for all alligator eggs, shipping tickets, invoices, and bills of lading.(h) Farmers may collect eggs from nests of captive alligators inside alligator farms at any time, provided each clutch is accompanied by a captive nest stamp provided by the department. Nesting activity of captive alligators shall be recorded on a daily basis. An Alligator Farm Egg Collection Report on a form supplied or approved by the department shall be submitted to the department by September 15 of each year.(i) An alligator farmer who collects or receives alligator eggs taken from wild nests shall complete and submit an Annual Egg Report on a form supplied or approved by the department to the department by October 1 of each year.(j) The department may deny permit issuance to:(1) any incubation facility with less than a 70% hatching success over any period of two consecutive years; or(2) any farm facility with less than a 70% hatchling survival (hatch-to-harvest) over any period of two consecutive years.(k) All facilities, alligator stock, and records are subject to examination by department personnel prior to permitting and thereafter during farm operation.(l) Applications for hide tags shall be submitted to the department 15 days prior to harvest of alligators, except for non-harvest mortalities, in which case the permittee shall notify a game warden before skinning operations begin.(m) A hide tag issued to a farming facility may not be used on an alligator killed under a hunting license.(n) It is an offense for a farmer to sell, offer for sale, or accept or offer to accept anything of value from another person for the killing of an alligator within an alligator farming facility. Source Note: The provisions of this §65.361 adopted to be effective September 19, 1996, 21 TexReg 8732; amended to be effective October 21, 2003, 28 TexReg 9081; amended to be effective July 17, 2017, 42 TexReg 3548; amended to be effective August 24, 2020, 45 TexReg 5923. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE P ALLIGATOR PROCLAMATION §65.361 Alligator Farm Facility Requirements https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200805&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 200805 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200805&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 200805 03/11/2026 (a) Except as may be provided under a permit issued under the authority of Parks and Wildlife Code, Chapter 43. Subchapter C, no alligator may be imported into this state unless the importer possesses a valid alligator import permit.(1) An alligator import permit may be obtained by completing and submitting an Alligator Import Permit application on a form supplied or approved by the department and the nonrefundable fee specified in §53.8 of this title (relating to Alligator Licenses, Permits, Stamps, and Tags).(2) Only the holder of a valid wholesale dealer, retail dealer, or alligator farm permit may obtain an alligator import permit.(3) An alligator import permit is valid from the date of purchase until the immediately following August 31.(4) This subsection does not apply to alligators not taken or originating in Texas that are:(A) shipped by common carrier through this state or to a destination in this state for immediate shipment outside the state; or(B) transported by means other than a common carrier through this state from outside of this state to a destination within this state for immediate shipment outside this state, provided the alligators are accompanied by evidence of lawful take and/or possession.(b) No person shall import a live alligator under a permit authorized by this subchapter unless that person has notified the department not less than 24 hours or more than 48 hours prior to each instance of importation. Notification shall be by fax or email with the department's Law Enforcement Communications Center.(c) An alligator import permit is not required for an alligator lawfully taken or possessed in another state by sport or recreational hunting license, provided the person who possesses the alligator has not, prior to entering the state of Texas in possession of the alligator, sold the alligator or accepted anything of value in exchange for the alligator or for the transport or delivery of the alligator. A person in possession of an alligator under this section must also possess evidence of valid take and, if the person in possession of the alligator is not the person who took the alligator, valid documentation for the legal transfer of possession to that person.(d) Legally tagged and documented alligators and alligator parts may be exported from this state by all categories of license and permit holders.(e) Except as provided in this subchapter, no live alligators shall be exported from Texas without specific departmental authorization. No person shall export an alligator under this subsection unless the export fee specified in §53.8 of this title has been paid to the department, except for alligators accompanied by a valid department-issued hide tag. Source Note: The provisions of this §65.362 adopted to be effective August 26, 1997, 22 TexReg 7898; amended to be effective October 21, 2003, 28 TexReg 9081; amended to be effective August 24, 2020, 45 TexReg 5923. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE P ALLIGATOR PROCLAMATION §65.362 Importation and Exportation https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211065&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 211065 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211065&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 211065 03/11/2026 (a) Permit Required; Subpermittees.(1) Except as provided in this subchapter or §65.49(g) of this title (relating to Alligators), no person may take, kill, transport, sell, or release a nuisance alligator, or offer to take, kill, transport, sell, or release a nuisance alligator unless that person possesses a valid nuisance alligator control permit issued by the department.(2) A permittee may utilize a subpermittee or subpermittees to assist in the performance of nuisance alligator control activities.(A) A subpermittee must be approved by the department prior to engaging in any activities under this section. The department will not authorize any person to act as a subpermittee if:(i) the person has been convicted of, pleaded nolo contendere to, or received deferred adjudication for an offense listed in subsection (g)(1) - (4) of this section; or(ii) the department determines the person is incapable, unqualified, or otherwise unfit to act as a subpermittee.(B) To register a subpermittee, the permittee must complete and submit an application on a form provided by the department for that purpose. Upon approval, the department will send a written authorization for the subpermittee to the permittee.(C) A permittee utilizing a subpermittee must be in direct supervision of the subpermittee at all times that the subpermittee is engaging in permitted activities.(D) The written authorization provided for in subparagraph (B) of this paragraph must be in the physical possession of the permittee at all times that permitted activities are being performed by the subpermittee.(b) Permit Application and Issuance.(1) The department may issue a nuisance alligator control permit to a person who has:(A) submitted a completed application on a form supplied by the department;(B) completed a department-administered course on nuisance alligator control;(C) taken a department-administered examination and obtained a minimum passing score as determined by the department; and(D) paid the nonrefundable fee prescribed by Chapter 53, Subchapter A of this title (relating to Fees).(2) In addition to the provisions of Chapter 56 of this title (relating to Agency Decision to Refuse License or Permit Issuance or Renewal and Agency Decision to Suspend or Revoke Affected License or Permit), the department may refuse to issue a permit to any person who, in the department's determination, lacks the skill, experience, or aptitude to adequately perform the activities typically involved in nuisance alligator control.(c) Period of Validity. A nuisance alligator control permit is valid from the date of issuance through August 31 of the following year.(d) Permit Privileges and Restrictions.(1) A permittee under this section may:(A) contract directly with a landowner or landowner's authorized agent (including a political subdivision, governmental entity, or property owner's association, as defined by Property Code, §204.004), for a fee or other compensation to be determined by the parties involved, for the removal of a nuisance alligator or alligators;(B) capture or kill a nuisance alligator at any time of day;(C) retain and sell nuisance alligators, alive or dead, taken under a nuisance alligator control permit as provided under §65.357 of this title (relating to Purchase and Sale of Alligators); and(D) release nuisance alligators in areas of suitable habitat with the prior written approval of the department and the owner (or the owner's authorized agent) of the property where the release occurs.(2) A permittee or subpermittee may not:(A) capture or kill an alligator without being in physical possession of a complaint number issued by a department Law Enforcement Division Communication Center that corresponds to the date and place the permittee captures or kills, or attempts to capture or kill an alligator;(B) capture or kill more than one alligator per complaint number issued by the department;(C) use any means, method, or procedure not approved by the department for the capture, immobilization, transport, or dispatch of a nuisance alligator; or(D) capture or kill an alligator over 10 feet in length without prior written authorization from the department's Alligator Program in addition to a complaint number issued by the department as prescribed in subparagraph (A) of this paragraph.(e) Tagging Requirements. All provisions of this subchapter applicable to the tagging of alligators apply to alligators taken under a nuisance alligator control permit.(f) Reporting, Notification, and Recordkeeping Requirements.(1) Landowner authorization. No permittee may engage in nuisance alligator control activities unless the written authorization of the landowner, the landowner's authorized agent, or a government official acting within the scope of official duty has been obtained. The authorization shall contain, at a minimum, the date, the name, address, phone number, and Texas Department of Public Safety driver's license or identification card number (or, if the person is not a Texas resident, similar documentation from the person's state of residence) of the person with whom the permittee has contracted for nuisance alligator control; and shall be signed by the landowner, agent, or official. The permittee shall physically possess the authorization required by this paragraph:(A) at all times that the permittee is engaged in or conducts nuisance alligator control activities; and(B) subsequent to the capture of a nuisance alligator, at all times the permittee is in possession of the alligator, dead or alive, until the alligator is sold, transferred to another person legally permitted to possess the alligator, or released.(2) Daily Log. A permittee shall continuously maintain and possess upon their person while engaged in any activity governed by this subchapter a completed daily log on a form prescribed by the department, indicating:(A) the date, location, and department-assigned case number for each nuisance alligator complaint responded to by the permittee;(B) the date and location of each nuisance alligator captured by the permittee;(C) the sex and length of each alligator captured; and(D) the disposition of each alligator captured, to include:(i) the means of dispatch, if lethal control is employed; and(ii) if the alligator is lawfully sold or lawfully transferred to another person, the name and applicable permit number of the person to whom the nuisance alligator is sold or transferred.(3) Record of Sale or Transfer. A permittee shall retain an invoice or sales receipt for each alligator sold or transferred to another person.(4) Record Retention. All records and documents required by this section shall be retained and kept available for inspection upon request of a department employee acting within the official scope of duty for a two-year period immediately following the expiration of the period of validity of the permit under which they are required to be kept.(5) Reporting.(A) A permittee shall complete a Nuisance Alligator Hide Tag Report (PWD-305) immediately upon the take of a nuisance alligator and shall submit the report to the department within seven days.(B) A permittee shall submit completed quarterly reports to the department by March 15, June 15, September 15, and December 15. The reports must be on a form supplied or approved by the department and must be submitted even if no nuisance alligators were taken by the permittee.(C) The department may refuse to issue an initial or subsequent permit to any person who is not in compliance with the provisions of this paragraph.(g) Prohibited Acts. It is an offense for a permittee to:(1) violate a provision of this subchapter;(2) violate a condition of a permit issued under this subchapter; or(3) treat or allow the treatment of an alligator in a cruel manner as defined in Penal Code, §42.092. Source Note: The provisions of this §65.363 adopted to be effective May 3, 2012, 37 TexReg 3172; amended to be effective October 7, 2018, 43 TexReg 6668; amended to be effective December 4, 2022, 47 TexReg 7909. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE P ALLIGATOR PROCLAMATION §65.363 Nuisance Alligator Control https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200806&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 200806 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200806&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 200806 03/11/2026 (a) The department may issue management tags to landowners with a department-approved alligator management plan specifying a harvest quota of alligators six feet in total length or less. Tags are issued upon:(1) department approval of an alligator management plan; and(2) payment of the fee established in §53.8 of this title (relating to Alligator Licenses, Permits, Stamps and Tags.(b) All provisions of this subchapter pertaining to tags and tagging also apply to management tags. Source Note: The provisions of this §65.365 adopted to be effective October 21, 2003, 28 TexReg 9081; amended to be effective August 24, 2020, 45 TexReg 5923. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE P ALLIGATOR PROCLAMATION §65.365 Management Tag https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=104840&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 104840 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=104840&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 104840 03/11/2026 Unless specifically exempted by another provision of the Parks and Wildlife Code, it is an offense for any person to violate a provision of this subchapter. Penalties for a violation of this subchapter are as prescribed by Parks and Wildlife Code, §65.008. Source Note: The provisions of this §65.366 adopted to be effective October 21, 2003, 28 TexReg 9081. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE P ALLIGATOR PROCLAMATION §65.366 Violations and Penalties https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3605&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3605 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3605&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3605 03/11/2026 This subchapter applies to fur-bearing animals statewide, except as otherwise specifically provided for in Parks and Wildlife Code. Source Note: The provisions of this §65.371 adopted to be effective September 16, 1996, 21 TexReg 8520. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE Q STATEWIDE FUR-BEARING ANIMAL PROCLAMATION §65.371 Application https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=114999&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 114999 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=114999&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 114999 03/11/2026 The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. All other words and terms shall have the meanings assigned in Subchapter A of this chapter (relating to Statewide Hunting and Fishing Proclamation) or Parks and Wildlife Code, Chapter 71.(1) Consumer--A person who purchases non-living fur-bearing animals or products made from fur-bearing animals for personal use or consumption and who does not sell, resell, trade, or barter the non-living fur-bearing animals or products made from fur-bearing animals in exchange for anything of value.(2) Export--The transport of a fur-bearing animal across the boundaries of this state.(3) Nuisance fur-bearing animal--A fur-bearing animal that is depredating or a threat to human health or safety. Source Note: The provisions of this §65.372 adopted to be effective September 16, 1996, 21 TexReg 8520; amended to be effective October 21, 2003, 28 TexReg 9084; amended to be effective September 19, 2004, 29 TexReg 8830. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE Q STATEWIDE FUR-BEARING ANIMAL PROCLAMATION §65.372 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=104842&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 104842 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=104842&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 104842 03/11/2026 (a) No person may take fur-bearing animals on public roads and highways or their rights-of-way.(b) Except for otters taken under the provisions of §65.381 of this title (relating to Nuisance Fur-bearing Animals), all otters taken in this state shall be permanently tagged with a department-issued federal CITES (Convention on the International Trade in Endangered Species) tag, valid for the year in which the otter was taken, within 90 days of take.(c) All otter pelts imported into this state must be accompanied by evidence of lawful take or possession.(d) CITES tags shall be issued only to:(1) licensed wholesale fur dealers; and(2) individuals who present an otter for tagging at a department office. Source Note: The provisions of this §65.374 adopted to be effective September 16, 1996, 21 TexReg 8520; amended to be effective June 30, 2002, 27 TexReg 5523; amended to be effective October 21, 2003, 28 TexReg 9084. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE Q STATEWIDE FUR-BEARING ANIMAL PROCLAMATION §65.374 General Rules https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192308&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 192308 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192308&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 192308 03/11/2026 (a) Recreational harvest.(1) The open season for the recreational harvest of fur-bearing animals is September 1 of one year to August 31 of the following year.(2) There are no bag or possession limits for fur-bearing animals taken during the open season for recreational harvest.(b) Commercial harvest.(1) Except as provided in this subsection, the open season for the commercial harvest of fur-bearing animals is November 1 of one year through March 31 of the following year.(2) The commercial season for nutria is September 1 through August 31 of the following year.(3) The commercial season for beaver is October 1 of one year through May 31 of the following year.(4) There are no bag or possession limits during the commercial season.(c) Means and methods.(1) Only the following means and methods are legal for taking fur-bearing animals:(A) firearms;(B) steel foothold and body-gripping traps;(C) falconry;(D) live or box trap;(E) dogs;(F) snare;(G) lawful archery equipment;(H) electronic or hand-held calls;(I) artificial light;(J) pre-charged pneumatic arrow guns (as defined by Subchapter A of this chapter); and(K) pre-charged pneumatic air guns (as defined by Subchapter A of this chapter) of .30 caliber or larger.(2) Exceptions. No person may:(A) take fur-bearing animals with foothold or body-gripping traps, except during the open season for commercial harvest or as provided in §65.381 of this title (relating to Nuisance Fur-bearing Animals);(B) set foothold or body-gripping traps within 400 yards of any school;(C) use smoke, explosives or chemical irritants of any kind to harry or flush fur-bearing animals;(D) use a body-gripping trap with a diagonal opening dimension greater than ten inches set on land or in less than six inches of water;(E) use snares, steel foothold traps, body-gripping traps, and live or box traps unless each trap is examined at least every 36 hours; or(F) fail to remove animals from taking devices upon discovery.(3) No person whose date of birth is after September 1, 1971, may hunt a furbearing animal by means of an air gun or arrow gun unless that person has successfully completed a department-approved hunter education course or is otherwise in compliance with the applicable requirements of §51.80 of this title (relating to Hunter Education Course and Instructors). Source Note: The provisions of this §65.375 adopted to be effective September 16, 1996, 21 TexReg 8520; amended to be effective September 19, 2004, 29 TexReg 8830; amended to be effective April 22, 2008, 33 TexReg 3299; amended to be effective June 12, 2013, 38 TexReg 3651; amended to be effective September 26, 2018, 43 TexReg 6332. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE Q STATEWIDE FUR-BEARING ANIMAL PROCLAMATION §65.375 Open Seasons; Means and Methods https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211066&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 211066 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211066&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 211066 03/11/2026 (a) No person other than the holder of a fur-bearing animal propagation license may possess a live fur-bearing animal at any time, except as otherwise provided in this chapter.(b) A propagation license may be issued following an initial facility inspection by the department. Additional inspections may be made at department discretion.(c) The holder of a fur-bearing animal propagation license shall provide the following for each animal in possession:(1) a sufficient supply of fresh water at all times;(2) shelter from heat and inclement weather; and(3) an enclosure of at least 20 inches in height and eight square feet in area. Enclosures shall be cleaned daily. A fur-bearing animal may be confined in an enclosure of no less than 20 inches in height and four square feet in area on a temporary basis for transportation purposes. For the purposes of this subsection, temporary basis means no more than 12 hours in any 24-hour period.(d) Offspring of fur-bearing animals held under a propagation permit may be kept with their parents or siblings for up to 120 days from birth in an enclosure meeting the height and area requirements for a single animal.(e) Live fur-bearing animals may be taken and possessed for three days or less for instructional or demonstration purposes pursuant to a letter of authorization from the wildlife division.(f) No person shall take a fur-bearing animal from the wild under a propagation permit except during the season provided for commercial harvest in §65.375(b) of this title (relating to Open Seasons; Means and Methods). Source Note: The provisions of this §65.376 adopted to be effective September 16, 1996, 21 TexReg 8520; amended to be effective October 21, 2003, 28 TexReg 9084; amended to be effective September 19, 2019, 44 TexReg 5401; amended to be effective December 4, 2022, 47 TexReg 7909. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE Q STATEWIDE FUR-BEARING ANIMAL PROCLAMATION §65.376 Possession of Live Fur-bearing Animals https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=115001&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 115001 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=115001&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 115001 03/11/2026 (a) Sale of fur-bearing animals, their carcasses and pelts, and finished products.(1) No person other than a licensed fur-bearing animal propagator may sell a live fur-bearing animal.(2) No person other than a licensed trapper or wholesale fur dealer may sell the carcass or pelt of a fur-bearing animal.(3) Finished products may be sold by anyone.(4) A trapper may possess and sell the carcass or pelt of a fur-bearing animal lawfully taken during an open commercial trapping season at any time.(5) A trapper may sell the carcass or pelt of a fur-bearing animal only to a wholesale fur dealer or purchaser outside of Texas.(b) Purchase of fur-bearing animals, their carcasses and pelts, and finished products.(1) Except as provided in §65.378 (c) of this title (relating to Importation, Exportation, and Release of Fur-bearing Animals), no person other than a licensed fur-bearing animal propagator or a person holding a permit issued under Parks and Wildlife Code, Chapter 43, Subchapter C, may purchase a live fur-bearing animal.(2) No person other than a licensed wholesale fur dealer or a consumer may purchase the carcass or pelt of a fur-bearing animal. A consumer must maintain proof of purchase until the pelt becomes a finished product or the carcass is cleaned for cooking or storage at the consumer's permanent residence.(3) A wholesale fur dealer may purchase the carcass or pelt of a fur-bearing animal lawfully taken during an open commercial trapping season at any time.(4) Finished products may be purchased by anyone.(c) A person who sells fur-bearing animals prepared for immediate consumption may purchase the carcass of a fur-bearing animal only from a wholesale dealer. Source Note: The provisions of this §65.377 adopted to be effective December 21, 2003, 28 TexReg 11338; amended to be effective September 19, 2004, 29 TexReg 8830. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE Q STATEWIDE FUR-BEARING ANIMAL PROCLAMATION §65.377 Sale or Purchase of Fur-bearing Animals https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=104844&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 104844 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=104844&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 104844 03/11/2026 (a) No person may import live fur-bearing animals into this state from another state or country unless:(1) a permit has been issued by the department for such importation and a copy of the completed permit accompanies any live fur-bearing animal being imported or is attached to any container used to import live fur-bearing animals;(2) the imported animals are accompanied by a health certificate signed by a veterinarian accredited in the state of origin; and(3) if the imported animals are foxes, raccoons, or skunks, a signed letter of authorization issued by the Texas Department of Health.(b) Imported live fur-bearing animals and live fur-bearing animals previously held in captivity may not be released into the wild without a letter of authorization from the wildlife division and the owner of the property where the release occurs. Animals released under provision of this subsection must be accounted for in a report filed with the department on or before the tenth day of the month following the month of release. The report shall list the species, number captured and released, date and location of capture, date and location of release, and name and address of person authorized to release.(c) No person shall sell or export live fur-bearing animals outside this state without possessing a letter of authorization from the wildlife division. A request for authorization shall include written documentation verifying that the recipient of the live animals is in compliance with applicable regulations in the destination state. A copy of the completed authorization shall accompany the animals at all times during shipment or be attached to the shipping container used to export the animals. Source Note: The provisions of this §65.378 adopted to be effective September 16, 1996, 21 TexReg 8520; amended to be effective October 21, 2003, 28 TexReg 9084. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE Q STATEWIDE FUR-BEARING ANIMAL PROCLAMATION §65.378 Importation, Exportation, and Release of Fur-bearing Animals https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=115002&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 115002 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=115002&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 115002 03/11/2026 (a) Any person licensed as a wholesale fur dealer:(1) must complete and file an appropriate annual report with the department by May 31 of each year;(2) return all unused CITES tags to the department by May 31 of each year; and(3) may not be in possession of unused CITES tags between May 31 and October 1 of any year.(b) A person licensed as a trapper must complete and submit an annual report accounting for all sales of fur-bearing animals to purchasers outside of Texas.(c) Any person licensed as a fur-bearing animal propagator must complete and file an appropriate annual report with the department by August 31 of each year.(d) The department reserves the right to refuse permit issuance to any person not in compliance with this section.(e) All records required by this section shall be retained and kept available for inspection upon request of a department employee acting within the official scope of duty for a period of two years following the period of validity of the permit under which they are required to be kept. Source Note: The provisions of this §65.379 adopted to be effective September 16, 1996, 21 TexReg 8520; amended to be effective October 21, 2003, 28 TexReg 9084; amended to be effective September 19, 2004, 29 TexReg 8830. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE Q STATEWIDE FUR-BEARING ANIMAL PROCLAMATION §65.379 Reporting Requirements https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=104846&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 104846 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=104846&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 104846 03/11/2026 (a) Nuisance fur-bearing animals may be taken in any number by any means at any time.(b) The provisions of 25 TAC Chapter 169, Subchapter A (relating to Rabies Control and Eradication) apply as necessary to fur-bearing animals.(c) The provisions of §65.378(b) also apply to persons in possession of nuisance fur-bearing animals.(d) Nuisance fur-bearing animals may not be possessed or sold by anyone. Source Note: The provisions of this §65.381 adopted to be effective October 21, 2003, 28 TexReg 9084. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE Q STATEWIDE FUR-BEARING ANIMAL PROCLAMATION §65.381 Nuisance Fur-bearing Animals https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=104848&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 104848 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=104848&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 104848 03/11/2026 Nothing in this subchapter shall prohibit a taxidermist from possessing for taxidermy purposes a fur-bearing animal lawfully taken or possessed under this subchapter, provided the animal is accompanied by a wildlife resource document as prescribed by Subchapter A of this chapter (relating to Statewide Hunting and Fishing Proclamation), or, if the fur-bearing animal was taken outside of Texas, evidence of legal take, purchase, or possession from the state or country where the fur-bearing animal was taken. Source Note: The provisions of this §65.383 adopted to be effective October 21, 2003, 28 TexReg 9084. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE Q STATEWIDE FUR-BEARING ANIMAL PROCLAMATION §65.383 Taxidermy https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=104847&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 104847 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=104847&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 104847 03/11/2026 The penalties for a violation of this subchapter are prescribed by Texas Parks and Wildlife Code, Chapter 71. Source Note: The provisions of this §65.385 adopted to be effective October 21, 2003, 28 TexReg 9084. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE Q STATEWIDE FUR-BEARING ANIMAL PROCLAMATION §65.385 Penalty https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204162&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 204162 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204162&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 204162 03/11/2026 The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. All other words and terms shall have the meanings assigned by Parks and Wildlife Code.(1) Authorized agent--An individual designated by the permittee to conduct activities on behalf of the permittee. For the purposes of this subchapter, the terms 'deer breeder' and 'permittee' include authorized agents.(2) Facility--(A) Until May 15, 2021, one or more enclosures, in the aggregate and including additions, that are the site of deer breeding operations under a single deer breeder's permit.(B) On and after May 15, 2021, one or more contiguous enclosures, in the aggregate and including additions, that are the site of deer breeding operations under a single deer breeder's permit.(3) Movement qualified--A status, determined by the department, under which the transfer of deer to or from a facility is authorized.(4) Serial Number--A permanent four-digit number assigned to a deer breeder by the department. A serial number shall be preceded by the prefix "TX".(5) Transfer permit--A permit authorizing the movement of breeder deer to or from a facility.(6) Unique identifier--As defined by Parks and Wildlife Code, §43.3561(a)(5). Source Note: The provisions of this §65.601 adopted to be effective December 1, 1995, 20 TexReg 9571; amended to be effective March 10, 1998, 23 TexReg 2329; amended to be effective August 15, 2001, 26 TexReg 6028; amended to be effective May 23, 2006, 31 TexReg 4227; amended to be effective March 23, 2008, 33 TexReg 2548; amended to be effective March 14, 2021, 46 TexReg 1500. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE T DEER BREEDER PERMITS §65.601 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224712&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 224712 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224712&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 224712 03/11/2026 (a) Except as provided in this chapter, no person may possess a live deer in this state unless that person possesses:(1) a valid permit issued by the department under the provisions of Parks and Wildlife Code, Chapter 43, Subchapters C, E, L, or R; or(2) specific written authorization under the provisions of this subchapter.(b) In accordance with Parks and Wildlife Code, §43.357, a person who possesses a valid deer breeder's permit may: (1) engage in the business of breeding legally possessed breeder deer within the facility for which the permit was issued;(2) take possession of breeder deer transferred from another facility in compliance with the provisions of this chapter;(3) transfer breeder deer that are in the legal possession of the permittee; and(4) except as provided by this subchapter or Subchapter B of this chapter, recapture lawfully possessed breeder deer that have been marked in accordance with Parks and Wildlife Code, §43.3561 that have escaped from a permitted facility.(c) Unless specifically provided otherwise in this subchapter or the conditions of permit, all permit applications, permit renewals, notifications, reporting, and recordkeeping required by this subchapter shall be submitted electronically via the department's Internet-based deer breeder application. (d) A deer breeding facility shall contain either white-tailed deer or mule deer, as authorized by the permit. Source Note: The provisions of this §65.602 adopted to be effective December 1, 1995, 20 TexReg 9571; amended to be effective March 10, 1998, 23 TexReg 2329; amended to be effective August 15, 2001, 26 TexReg 6028; amended to be effective October 7, 2002, 27 TexReg 9381; amended to be effective May 7, 2003, 28 TexReg 3731; amended to be effective June 21, 2005, 30 TexReg 3595; amended to be effective May 23, 2006, 31 TexReg 4227; amended to be effective March 23, 2008, 33 TexReg 2548; amended to be effective March 5, 2013, 38 TexReg 1373; amended to be effective March 14, 2021, 46 TexReg 1500; amended to be effective April 13, 2025, 50 TexReg 2416. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE T DEER BREEDER PERMITS §65.602 Permit Requirement and Permit Privileges; General Provisions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224713&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 224713 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224713&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 224713 03/11/2026 (a) An applicant for an initial deer breeder's permit shall submit the following to the department: (1) a completed application on a form supplied by the department; (2) a letter of endorsement by a person authorized by the department to conduct facility and fence inspections stating that the person has personally conducted an on-site inspection at the facility identified in the application and affirming that the facility identified in the application: (A) is constructed as depicted on the diagram submitted with the application; (B) is surrounded by a perimeter fence meeting the specifications of §65.605 of this title (relating to Facility Standards and Care of Deer);(C) contains infrastructure appropriate for the humane treatment of deer, including for the provision of adequate food, a continuous supply of water, and ample cover or shelter;(D) is adequate for the lawful conduct of activities governed by this subchapter; (E) has been secured in such a fashion to prevent ingress to and egress from the facility by any deer, livestock, exotic livestock, or similar animals; and (F) no deer, livestock, exotic livestock, or similar animals are present or confined within the facility; (3) a diagram of the physical layout of the facility that clearly defines each distinct enclosure within the facility boundaries and all gates and fences;(4) the application processing fee specified in Chapter 53, Subchapter A, of this title (relating to Fees); and(5) any additional information that the department determines is necessary to process the application.(b) For the purposes of this subchapter, an authorized facility/fence inspector is a person not employed by the department or the permittee in any other capacity who:(1) has been awarded a bachelor's degree or higher in wildlife science, wildlife management, or a related educational field;(2) has not less than three years of post-graduate experience associated with breeder deer within the five years preceding any facility inspection conducted by the person;(3) has not, according to department records, failed to maintain a reconciled herd, as defined by §65.90 of this title (relating to Definitions), within the five years immediately preceding any inspection conducted for purposes of satisfying the requirements of this subchapter; and(4) has not been finally convicted of or been assessed an administrative penalty for violation of an offense listed in §65.703 of this title (relating to Proscription of Certain Agents and Surrogates). (c) A deer breeder's permit may be issued when:(1) the application and associated materials have been approved by the department; and(2) the department has received the fee as specified in Chapter 53, Subchapter A, of this title (relating to Fees).(d) An initial deer breeder's permit shall be a one-year permit valid from the date of issuance until the immediately following July 1. The department may issue a three or five-year deer breeder's permit if the permit holder has met the requirements of subsection (e) of this section for the three-year period immediately prior to application for a three or five-year permit renewal. A three-year or five-year deer breeder permit renewal is valid for the three-year or five-year period specified on the permit.(e) Except as provided in subsection (i) of this section, a deer breeder's one, three, or five-year permit may be renewed prior to the date of expiration, provided that the applicant:(1) is in substantial compliance with the provisions of this subchapter and Parks and Wildlife Code, Chapter 43, Subchapters L and X;(2) has submitted a timely application for renewal or is, as determined by the department, making satisfactory progress towards resolution of deficiencies that prevent timely renewal;(3) has filed the annual report in a timely fashion, as required by §65.608 of this title (relating to Annual Reports and Records);(4) has paid the permit renewal fee as specified in Chapter 53, Subchapter A, of this title (relating to Fees); and(5) for a permit renewal of three-years or five-years, meets the criteria for a three-year and five-year permit specified in Parks and Wildlife Code, §43.352.(f) An authorized agent may be added to or deleted from a permit at any time by notifying the department. No person added to a permit under this subsection shall participate in any activity governed by a permit unless that person is listed on an amended permit issued by the department.(g) Except as provided by this subchapter for transfer of breeder deer, a deer breeder's permit authorizes the holding of breeder deer only within the physical layout of a facility described by the diagram required by subsection (a)(3) of this section. If a permittee wishes to enlarge, reduce, reconfigure, or otherwise alter a facility, the permittee shall submit to the department an accurate diagram of the altered facility, indicating all changes to the existing facility. It is unlawful to introduce, cause the introduction of, or hold breeder deer anywhere other than within the dimensions of the facility as indicated by an approved diagram on file with the department.(h) In addition to the provisions of Parks and Wildlife Code, Chapter 12, Subchapter G, the department may refuse permit issuance or renewal as provided in Subchapter U of this chapter (relating to Authority to Refuse to Issue or Renew Permit).(i) The department shall conduct all reviews of department decisions to deny issuance or renewal of a permit under this subchapter in compliance with the provisions of Parks and Wildlife Code, Chapter 12, Subchapter G and Subchapter U of this chapter. Source Note: The provisions of this §65.603 adopted to be effective December 1, 1995, 20 TexReg 9571; amended to be effective March 10, 1998, 23 TexReg 2329; amended to be effective August 15, 2001, 26 TexReg 6028; amended to be effective May 7, 2003, 28 TexReg 3731; amended to be effective January 3, 2005, 29 TexReg 12234; amended to be effective May 23, 2006, 31 TexReg 4227; amended to be effective March 23, 2008, 33 TexReg 2548; amended to be effective August 23, 2010, 35 TexReg 7438; amended to be effective March 5, 2013, 38 TexReg 1373; amended to be effective March 26, 2014, 39 TexReg 2114; amended to be effective November 17, 2014, 39 TexReg 9044; amended to be effective March 14, 2021, 46 TexReg 1500; amended to be effective April 13, 2025, 50 TexReg 2416. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE T DEER BREEDER PERMITS §65.603 Application and Permit Issuance https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224714&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 224714 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224714&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 224714 03/11/2026 The provisions of Subchapter B, of this chapter apply to the possession and movement of deer pursuant to a permit issued under this subchapter. Source Note: The provisions of this §65.604 adopted to be effective May 23, 2006, 31 TexReg 4227; amended to be effective March 23, 2008, 33 TexReg 2548; amended to be effective March 14, 2021, 46 TexReg 1500; amended to be effective April 13, 2025, 50 TexReg 2416. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE T DEER BREEDER PERMITS §65.604 Disease Monitoring https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224715&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 224715 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224715&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 224715 03/11/2026 (a) Except as provided in subsection (h) of this section, the entire perimeter of a permitted deer breeding facility, including medical facilities, shall be within a fence of no less than seven feet in height, which shall be constructed of department-approved woven wire, field fence, net mesh, chain link or welded wire that will retain breeder deer. The fence required by this subsection shall at no point be within:(1) five feet of a pen or other structure containing breeder deer; or(2) ten feet of the exterior fence of another deer breeding facility.(b) A permittee shall submit to the department a letter of confirmation by a person authorized by the department to conduct facility inspections under the provisions of §65.603 of this title (relating to Application and Permit Issuance), that the perimeter fence required by subsection (a) of this section exists and is compliant with the requirements of this section.(c) A deer breeding facility consists of the entirety of the area within the fence required by subsection (a) of this section.(d) Within the perimeter fence required by subsection (a) of this section, breeder deer shall at all times be kept completely contained within internal fencing meeting the requirements of subsection (a) of this section, except as provided by subsection (e)(2) of this section. (e) Within the space or area between the fence required by subsection (a) of this section and the fencing required by subsection (d) of this section:(1) no supplemental food or water is permitted; and(2) no animals of any kind shall have free-choice access to or be present, except what is necessary for the limited, transient period of time necessary to drive or move breeder deer in an immediate fashion between pens or structures within the facility. If breeder deer are moved within a facility under the provisions of this subsection, a person must be present and actively engaged in urging or driving the breeder deer in a direct and prompt fashion to the destination pen. It is an offense for breeder deer to be present in the space or area between the two fences of the double fence required by this section if a person is not present and actively engaged in keeping the breeder deer in constant motion from the source pen to the destination pen.(f) Except as provided in this section, no deer, livestock, exotic livestock, or similar animals may be present in, confined in, or have access to a deer breeding facility other than: (1) the breeder deer reflected on the herd inventory for the facility; and(2) deer that are not required to be identified and reported to the department under the provisions of Parks and Wildlife Code, Chapter 43, Subchapter L. (g) An edifice, structure, building, working facility, barn, or similar infrastructure identified on a facility diagram required under this subchapter may be used on a temporary basis to handle animals other than susceptible species, provided the animals are at no point commingled with deer within the facility or allowed to access any space within the facility that is ever occupied or used by deer within the facility other than:(1) the edifice, structure, building, working facility, barn, or similar infrastructure used to temporarily handle the animals; and (2) travel corridors, alleyways, or other access avenues to and from edifice, structure, building, working facility, barn, or similar infrastructure used to temporarily handle the animals. (3) For the purposes of this subsection, "temporary" means only the amount of time necessary to accomplish a specific short-term task and does not include any longer period of time or any period of time during which animals are unattended. The provisions of this subsection apply only to a facility permitted prior to the effective date of this subsection; following the effective date of this subsection, if a breeding facility permitted after the effective date of this subsection is not designed in such a fashion as to provide access to handling infrastructure that is external to the breeding facility, the use of such handling infrastructure for non-susceptible species is prohibited.(h) An edifice, structure, building, working facility, barn, or similar infrastructure that is or is to be used or occupied by non-susceptible animals as well as the breeder deer reflected on the herd inventory for that facility is not required to be wholly within and separate from the perimeter fence required by subsection (a) of this section, but must be:(1) configured and constructed in such a fashion so as to prevent direct contact of any kind (i.e., nose-to-nose contact through a fence) between deer within the facility and susceptible species outside the facility; and (2) secured when not in use so as to prevent susceptible species from outside the facility from entering the edifice, structure, building, working facility, barn, or similar infrastructure. (i) All deer breeding facilities located on a single property shall be separated by at least ten feet and facilities are prohibited from sharing infrastructure for any reason.(j) The provisions of subsection (a)(2), (g), (h), and (i) of this section apply to all facilities on the effective date of this subsection; all other provisions of this section apply only to new facilities permitted on or after the effective date of this subsection. The provisions of this section in effect on the date this subsection took effect continue in force and effect for permits issued prior to the effective date of this subsection but do not control over the provisions of §65.81 of this title (relating to CWD Risk Mitigation Provisions).(k) An indoor facility is acceptable if it meets the standards described in this section and provides permanent access to an outdoor environment that is sufficient for keeping the breeder deer in captivity. (l) A permittee shall ensure that deer have access to adequate food, a continuous supply of water, and ample cover or shelter.(m) Immediately upon discovering the escape of breeder deer from a facility, a permittee shall notify the department. The notification shall include a detailed description of the permittee's intended actions to recapture the escaped deer, including the methods that will be employed to recapture the deer and the dates and times that recapture will be attempted. The permit holder shall notify the department daily of the efforts to capture the escaped deer until the escaped deer are captured. If after ten days the permittee is unable to capture escaped breeder deer that have been reported in accordance with this subsection, the deer may not be recaptured or held in a deer breeding facility unless specifically authorized in writing by the department for purposes of disease management. (n) If a permit holder is unable to recapture escaped breeder deer reported as provided under subsection (m) of this section and the breeding facility is designated as NMQ at the time of or subsequent to the time of escape under the provisions of Subchapter B, Division 2, of this chapter, the property on which the deer breeding facility is located and any tract of land contiguous to the property under common ownership shall be subject to a department disease-testing plan requiring mandatory CWD testing and reporting. Source Note: The provisions of this §65.605 adopted to be effective December 1, 1995, 20 TexReg 9571; amended to be effective March 10, 1998, 23 TexReg 2329; amended to be effective August 15, 2001, 26 TexReg 6028; amended to be effective March 23, 2008, 33 TexReg 2548; amended to be effective March 5, 2013, 38 TexReg 1373; amended to be effective March 14, 2021, 46 TexReg 1500; amended to be effective January 18, 2024, 49 TexReg 267; amended to be effective April 13, 2025, 50 TexReg 2416. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE T DEER BREEDER PERMITS §65.605 Facility Standards and Care of Deer https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216436&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 216436 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216436&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 216436 03/11/2026 (a) Each deer breeder shall file a completed annual report by not later than May 15 of each year.(b) A person other than a deer breeder holding breeder deer for breeding or health care purposes shall maintain and, upon request, provide copies of transfer permits indicating the source of all breeder deer in the possession of that person. Source Note: The provisions of this §65.608 adopted to be effective December 1, 1995, 20 TexReg 9571; amended to be effective March 10, 1998, 23 TexReg 2329; amended to be effective August 15, 2001, 26 TexReg 6028; amended to be effective October 7, 2002, 27 TexReg 9381; amended to be effective March 20, 2003, 28 TexReg 2355; amended to be effective May 23, 2006, 31 TexReg 4227; amended to be effective March 23, 2008, 33 TexReg 2548; amended to be effective August 4, 2010, 35 TexReg 6676; amended to be effective March 5, 2013, 38 TexReg 1373; amended to be effective November 17, 2014, 39 TexReg 9044; amended to be effective January 18, 2024, 49 TexReg 267. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE T DEER BREEDER PERMITS §65.608 Annual Reports and Records https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224716&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 224716 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224716&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 224716 03/11/2026 (a) General. No person may possess breeder deer in a trailer or vehicle, or remove or allow removal of breeder deer from a trailer, or accept, introduce, or allow introduction of breeder deer into a permitted facility, unless a valid transfer permit has been activated as provided in this section.(b) Transfer by deer breeder. In accordance with the provisions of Subchapter B, Division 2, of this chapter (concerning Chronic Wasting Disease - Movement of Deer), the holder of a valid deer breeder's permit may transfer legally possessed breeder deer to:(1) a facility registered with the department for purposes of veterinary treatment; or(2) an educational display or zoological facility permitted by the department. A transfer under this paragraph is final; breeder deer transferred to a permitted educational display or zoological facility may not be returned to any breeder facility.(c) White-tailed deer and mule deer may not be transferred to a facility located in a county for which there is no open season for that species.(d) The department will not authorize the transfer of breeder deer to a release site if the department has determined that the transfer will detrimentally affect existing populations or systems.(e) Release. (1) Breeder deer lawfully transferred to a registered release site may be held in temporary captivity for any period of time from March 1 through the eleventh day immediately preceding an open deer season to acclimate the breeder deer to habitat conditions at the release site; however, such temporary captivity must be specifically authorized in writing by the department. Not later than 11:59 p.m. on the eleventh day immediately preceding an open deer season, all deer being held in temporary captivity under the provisions of this paragraph shall be released. Release shall consist of the removal of at least 20 feet of the components of a pen that serve to maintain deer in a state of detention within the pen; however, no opening shall be less than 10 feet in width. Such components shall be removed for no fewer than 30 consecutive days.(2) An enclosure used to temporarily detain deer under this paragraph shall be physically separate from any deer breeding facility and the deer being temporarily held shall not be commingled with breeder deer. Deer held in temporary captivity shall not be returned to any deer breeding facility.(3) The department will not authorize the detention of deer under this paragraph during an open hunting season.(4) Deer in temporary captivity under the provisions of this paragraph shall not be hunted while in temporary captivity.(5) It is an offense for any person to:(A) release, cause, allow, or participate in the release of a breeder deer that does not bear the identification prescribed by Parks and Wildlife Code, §43.3561, and any applicable herd plan; or(B) remove the identification tag required by this section from such deer except as a consequence of reducing the deer to possession following lawful take under a hunting license.(f) Transfer permit.(1) A transfer permit is valid for 48 consecutive hours from the time of activation.(2) A transfer permit authorizes the transfer of the breeder deer specifically identified on the transfer permit to one and only one registered facility.(3) A transport manifest is a written document that specifically identifies the deer in a means of transport at any given time between departure from the source facility identified on the transfer permit and any destination facility identified on the transfer permit. A person in possession of deer during transport under a transfer permit must physically possess a transport manifest under any of the following conditions:(A) multiple vehicles are employed to transport deer to only one destination identified in a single transfer permit;(B) a single vehicle is employed for multiple trips to a single destination identified in a single transfer permit; or(C) a single instance of transport involves stops at multiple destinations.(4) A transfer permit is activated only by:(A) utilizing the department's online application; or(B) notifying the Law Enforcement Communications Center in Austin by phone or email in the event the department's online application is offline or otherwise unavailable to the general public.(C) It is an offense for any person to transport a deer under a transfer permit unless the person also possesses a confirmation number issued by the department indicating receipt of the notification for that instance of transport.(5) No person may possess a live breeder deer at any place other than within a permitted facility unless that person also possesses on their person a department-issued transfer permit legibly indicating, at a minimum:(A) the species, sex, and unique number of each breeder deer in possession;(B) the facility identification numbers for the source and destination facilities; and(C) the date and time that the permit was activated.(6) Not later than 48 hours following the completion of the movement of breeder deer under a transfer permit, the permit shall be completed and submitted to the department.(7) A deer breeder may transport breeder deer without a transfer permit from a permitted facility to a licensed veterinarian's medical facility for emergency medical treatment, provided:(A) the transport occurs by the most feasible direct route;(B) the breeder deer are not removed from the means of transportation at any point from the time of departure from the source facility to the time of return to the source facility, including at the place of treatment; and(C) the breeder deer do not leave this state.(D) If a breeder deer is removed from the means of transportation to the medical facility and is temporarily housed in a location that may house other susceptible species, then a transfer permit reflecting that transport must be activated and completed and an additional transfer permit must be activated prior to the deer returning to the deer breeding facility.(E) An eligible-age deer that is transported to a veterinary medical facility under the provisions of this section and dies at any time before being returned to a breeding facility will be treated as a mortality within the originating facility for the purposes of the requirements of Subchapter B of this chapter.(g) Marking of vehicles and trailers. No person may possess, transport, or cause the transportation of breeder deer in a trailer or vehicle under the provisions of this subchapter unless the trailer or vehicle exhibits an applicable inscription, as specified in this subsection, on the rear surface of the trailer or vehicle. The inscription shall read from left to right and shall be plainly visible at all times while possessing or transporting breeder deer upon a public roadway. The inscription shall be attached to or painted on the trailer or vehicle in block, capital letters, each of which shall be of no less than six inches in height and three inches in width, in a color that contrasts with the color of the trailer or vehicle. If the person is not a deer breeder, the inscription shall be "TXD". If the person is a deer breeder, the inscription shall be the deer breeder serial number issued to the person. Source Note: The provisions of this §65.610 adopted to be effective May 23, 2006, 31 TexReg 4227; amended to be effective March 21, 2007, 32 TexReg 1581; amended to be effective March 23, 2008, 33 TexReg 2548; amended to be effective August 10, 2009, 34 TexReg 5407; amended to be effective March 5, 2013, 38 TexReg 1373; amended to be effective June 9, 2019, 44 TexReg 2730; amended to be effective March 14, 2021, 46 TexReg 1500; amended to be effective April 13, 2025, 50 TexReg 2416. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE T DEER BREEDER PERMITS §65.610 Transfer of Deer https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224717&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 224717 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224717&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 224717 03/11/2026 (a) Deer obtained from the wild under the authority of a permit or letter of authority issued pursuant to Parks and Wildlife Code, Chapter 43, Subchapter C, E, or R shall not be commingled with deer held in a permitted deer breeding facility.(b) A person commits an offense if that person places or holds breeder deer in captivity at any place or in any facility for which the herd inventory on file with the department does not account for those breeder deer, except for fawn breeder deer that are not yet required to be reported to the department.(c) No breeder deer shall be held in a trailer or other vehicle of any type except for the purpose of immediate transportation from one location to another.(d) No person may hold more than one cervid species at any time in a deer breeding facility except as provided by §65.602(e) of this title (relating to Application and Permit Issuance), or cause or allow the interbreeding by any means of white-tailed deer and mule deer.(e) Possession of a deer breeder's permit is not a defense to prosecution under any statute prohibiting abuse of animals.(f) No deer breeder shall exceed the number of breeder deer allowable for the permitted facility, as specified by the department on the deer breeder's permit.(g) This subsection does not apply to breeder deer lawfully obtained prior to June 21, 2005. Except as provided in this subsection, no person may:(1) possess a deer acquired from an out-of-state source; or(2) import or attempt to import deer from an out-of-state source.(h) It is an offense for any person the department has authorized as a facility inspector to submit the checklist or letter of endorsement required by §65.603(a)(2) of this title (relating to Application and Permit Issuance) if the person has not personally conducted an onsite inspection at the facility.(i) It is an offense for any person to violate or fail to comply with the provisions a disease-testing plan created under the provisions of §65.605(m) of this title (relating to Facility Standards and Care of Deer).(j) No person may clone or authorize or participate in the cloning of a white-tailed deer or mule deer unless specifically authorized to do so by a permit issued by the department under the provisions of Parks and Wildlife Code, Chapter 43, Subchapter C. For the purposes of this subsection, cloning is the creation or attempted creation of a white-tailed or mule deer from a single progenitor cell. (k) Except as provided in this subchapter, no person may possess deer, livestock, exotic livestock, or similar animals in a deer breeding facility, or allow deer, livestock, exotic livestock, or similar animals to access a deer breeding facility other than:(1) the deer identified in the reconciled herd inventory for the facility; and(2) offspring that are not required to be identified and reported to the department under the provisions of Parks and Wildlife Code, Chapter 43, Subchapter L. Source Note: The provisions of this §65.611 adopted to be effective January 17, 2010, 35 TexReg 252; amended to be effective March 14, 2021, 46 TexReg 1500; amended to be effective January 18, 2024, 49 TexReg 267; amended to be effective April 13, 2025, 50 TexReg 2416. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE T DEER BREEDER PERMITS §65.611 Prohibited Acts https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204169&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 204169 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204169&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 204169 03/11/2026 (a) Upon termination, suspension, or revocation of a deer breeder's permit, the permittee shall dispose of all breeder deer covered by the permit.(b) Breeder deer may be disposed of by:(1) transfer to another deer breeder;(2) transfer to a holder of a zoological permit issued by the department;(3) transfer to the holder of an educational display permit issued by the department; or(4) transfer to registered release sites as specifically authorized by the department.(c) Breeder deer still in possession 30 days following termination, revocation, or suspension of a permit shall be disposed of at the discretion of the department.(d) Disposition of all breeder deer shall be at the expense of the permittee. Source Note: The provisions of this §65.612 adopted to be effective December 1, 1995, 20 TexReg 9571; amended to be effective March 23, 2008, 33 TexReg 2548; amended to be effective August 10, 2009, 34 TexReg 5407; amended to be effective March 14, 2021, 46 TexReg 1500. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE T DEER BREEDER PERMITS §65.612 Disposition of Deer https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3607&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3607 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3607&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3607 03/11/2026 A person who violates the provisions of this subchapter, a condition of a permit issued under the provisions of this subchapter or violates any provision of Parks and Wildlife Code, Chapter 43, Subchapter L, commits an offense punishable by the penalty prescribed by Parks and Wildlife Code, §43.367. Source Note: The provisions of this §65.613 adopted to be effective December 1, 1995, 20 TexReg 9571. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE T DEER BREEDER PERMITS §65.613 Penalties https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169851&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 169851 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169851&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 169851 03/11/2026 The provisions of this subchapter apply only to permits issued pursuant to Subchapters C, D, and T of this chapter. Source Note: The provisions of this §65.701 adopted to be effective November 17, 2014, 39 TexReg 9044. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE U AUTHORITY TO REFUSE TO ISSUE OR RENEW PERMIT §65.701 Applicability https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169852&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 169852 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169852&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 169852 03/11/2026 The department may refuse permit issuance or renewal to any person as provided by Parks and Wildlife Code, Chapter 12, Subchapter G. Source Note: The provisions of this §65.702 adopted to be effective November 17, 2014, 39 TexReg 9044. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE U AUTHORITY TO REFUSE TO ISSUE OR RENEW PERMIT §65.702 Authority to Refuse to Issue or Renew Permit https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169853&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 169853 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169853&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 169853 03/11/2026 (a) The department may prohibit any person from acting as an agent of any permittee if the person has a final conviction or has been assessed an administrative penalty for a violation of:(1) Parks and Wildlife Code, Chapter 43, Subchapter C, E, L, R, or R-1;(2) a provision of the Parks and Wildlife Code that is not described by paragraph (1) of this subsection that is punishable as a Parks and Wildlife Code:(A) Class A or B misdemeanor;(B) state jail felony; or(C) felony;(3) Parks and Wildlife Code, §63.002; or(4) the Lacey Act (16 U.S.C. §§3371-3378).(b) The department may refuse to issue a permit to any person the department has evidence is acting on behalf of or as a surrogate for another person who is prohibited by the provisions of this subchapter from engaging in permitted activities. Source Note: The provisions of this §65.703 adopted to be effective November 17, 2014, 39 TexReg 9044. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE U AUTHORITY TO REFUSE TO ISSUE OR RENEW PERMIT §65.703 Proscription of Certain Agents and Surrogates https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169854&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 169854 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169854&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 169854 03/11/2026 An applicant for a permit or permit renewal may request a review of a decision of the department to refuse issuance of a permit or permit renewal (as applicable).(1) An applicant seeking review of a decision of the department with respect to permit issuance must request the review within 10 working days of being notified by the department that the application for a permit or permit renewal has been denied.(2) Within 10 working days of receiving a request for review under this section, the department shall establish a date and time for the review.(3) The department shall conduct the review within 30 of receipt of the request required by paragraph (2) of this section, unless another date is established in writing by mutual agreement between the department and the requestor.(4) The request for review shall be presented to a review panel. The review panel shall consist of three department managers with expertise in deer management, appointed or approved by the executive director, or designee.(5) The decision of the review panel is final. Source Note: The provisions of this §65.704 adopted to be effective November 17, 2014, 39 TexReg 9044. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE U AUTHORITY TO REFUSE TO ISSUE OR RENEW PERMIT §65.704 Review of Department Decision to Refuse Permit Issuance or Renewal https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166387&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 166387 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166387&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 166387 03/11/2026 The following words and terms, when used in this subchapter, shall have the following meanings, except where the context clearly indicates otherwise.(1) Boundary--A road, transmission line, natural feature, landmark, or any combination thereof, that serves to delineate the dimensions of a wildlife management association area.(2) Proximate--Within one-half mile of a wildlife management association area boundary. Source Note: The provisions of this §65.801 adopted to be effective January 2, 1997, 21 TexReg 12425. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE V WILDLIFE MANAGEMENT ASSOCIATION AREA HUNTING LEASE LICENSE §65.801 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=162877&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 162877 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=162877&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 162877 03/11/2026 Only to the extent that department rules regarding the importation and/or transport through the state of white-tailed and mule deer not possessed under a permit issued by the department are preempted under the provisions of 9 CFR §81.5, this section shall apply.(1) A person without a permit issued by the department may transit the state while in possession of live deer lawfully obtained in another state, provided:(A) the person physically possesses a valid certificate of veterinary inspection attesting to the fact that the deer in possession meet the herd certification requirements of the United States Department of Agriculture for interstate transportation of captive cervids;(B) the deer are confined at all times;(C) the deer are not released;(D) the deer are not commingled with any other susceptible species, as defined in 4 TAC §40.3(a)(3) (relating to Herd Status Plans for Cervidae) while in the state of Texas;(E) the doors and/or tailgate of any trailer or vehicle used to confine the deer during transport have been secured with a numbered or otherwise uniquely identified, tamper-resistant, mechanical security seal prior to entering the state of Texas, which seal(s) shall not be removed while the vehicle or trailer is in the state of Texas; and(F) the person or the person's representative has contacted the department by notifying the Law Enforcement Communications Center in Austin not less than 24 nor more than 36 hours in advance of entering the state while in possession of deer and provided to the department:(i) the dates and times that the person expects to enter and depart the state of Texas while in possession of deer without a permit issued by the department;(ii) the specific points of origin and destination of each deer being transported;(iii) the species and quantity of deer being transported;(iv) the specific route the transport will follow, including the points at which the transporter will enter and depart the state of Texas;(v) a description of the make, model, and color of all vehicles and trailers to be employed in the transport, including license plate numbers;(vi) the unique identifier of the security seal(s) used on each vehicle and/or trailer used to confine deer; and(vii) the name, drivers license number, and cell phone numbers of any person accompanying the deer while the deer are in the state of Texas.(2) Upon receiving the information required under paragraph (1) of this section, the department will issue an authorization number to the person providing the information. It is an offense for any person to possess or transport deer through the state of Texas under the provisions of this section unless the person physically possesses a department-issued authorization number that is valid for the specific act of transport being conducted.(3) A person transporting deer under the provisions of this section shall immediately notify the department in the event that:(A) any deer escape confinement while in the state of Texas;(B) a seal on a trailer or vehicle used to transport deer under the provisions of this section must be removed for any reason; or(C) any condition or event occurs that causes the person in possession of deer to materially alter the route being taken or the schedule reported to the department under paragraph (1) of this section. Source Note: The provisions of this §65.905 adopted to be effective July 22, 2013, 38 TexReg 4640. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE W SPECIAL PERMITS §65.905 Interstate Transport of Deer through Texas https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220206&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 220206 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220206&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 220206 03/11/2026 (a) The department may issue a special take authorization for the take of white-tailed or mule deer (hereinafter, "deer") for purposes of assisting the department in conducting wildlife disease diagnosis, management, or prevention (hereinafter, "special take authorization"), as provided in this subsection. A person may request a special take authorization by completing and submitting an application on a form supplied or approved by the department for that purpose.(1) The department will not consider an incomplete application for a special take authorization.(2) The department may, at its discretion, conduct a site inspection as a condition of issuance of a special take authorization.(3) A special take authorization shall be issued only to a named individual and not in the name of any corporation, business, association, or group.(b) A special take authorization is not valid until:(1) the applicant has acknowledged, in writing via email to the department employee identified as the supervisory point of contact, that the applicant and all agents of the applicant have read and understand all:(A) provisions of the special take authorization; and(B) attendant obligations of the person to whom the special take authorization is issued and that person's agents; and(2) it has been approved in writing by the director of the department's Wildlife Division or designee and the director of the department's Law Enforcement Division or designee.(c) A special take authorization shall specify the number and type of deer to be taken. No deer other than the specified deer or number of deer authorized for take shall be taken.(d) The take of deer under a special take authorization shall be:(1) performed only by the person to whom the special take authorization is issued and/or persons identified by name on the special take authorization as agents of the person to whom the special take authorization is issued;(2) by firearm using centerfire ammunition only;(3) conducted during the time between 30 minutes before sunrise and 30 minutes after sunset, unless specifically authorized in writing by the department; or(4) any other method of take as may be authorized by the department to remove specific deer.(e) A special take authorization is valid for 14 days from the date specified in the special take authorization. The department may extend the period of validity based on extenuating or unavoidable circumstances (including inability to locate specific deer); however, a request for extension must be submitted to the department via email and approved by the department prior to the take of deer. A copy of the special take authorization or a reproduction of the special take authorization on an electronic device (such as a cell phone or tablet) shall be produced upon request of a department employee in the discharge of their official duties. A copy of the email from the department granting an extension of a special take authorization or a reproduction of that email on an electronic device (such as a cell phone or tablet) shall be produced upon request of a department employee in the discharge of their official duties.(f) For each deer taken under a special take authorization, the following must be submitted to the Texas A&M Veterinary Medical Diagnostic Laboratory:(1) the whole head, accompanied by all visible forms of identification borne by the deer at the time the deer was taken, including but not limited to ear tags, tattoos, RFID tags, or any other forms of identification;(2) the medial retropharyngeal lymph nodes (MRLN), which must be collected by an accredited veterinarian, authorized department employee, or TAHC-certified CWD sample collector; and(3) any other tissue samples, as directed by the department.(4) A properly executed TVMDL accession form must accompany the head or tissue samples submitted under the requirements of this subsection.(5) All tissue samples and body parts required to be submitted under this subsection must be submitted to TVMDL within two business days of completion of removal of all deer or within two business days upon conclusion of the last authorized collection date, whichever is sooner.(6) It is an offense to remove an ear tag or deface or remove a tattoo prior to submission of deer head under this subsection.(g) The department will not issue a special take authorization for the take of deer on any tract of land unless:(1) the owner of the land is in compliance with all applicable provisions of Chapter 65, Subchapter A and Subchapter B, of this title; or(2) the department determines that the disease management value of the prospective activities is a factor of such significance that approval is warranted.(h) A deer taken during the period of validity of a special take authorization shall be reported to the department within 24 hours of removal via email or other department approved notification method to the department's wildlife division representative coordinating the authorization.(i) Following submission to the department of any tissues or parts necessary as directed in a special take authorization, a person to whom the special take authorization or an agent thereof shall dispose of all remaining portions or parts of a deer taken under a special take authorization, either by:(1) burial at a depth of at least three feet below ground level on the property where the take occurred;(2) delivery to a landfill authorized by the Texas Commission on Environmental Quality to receive such wastes; or(3) as directed otherwise by the department in the special take authorization.(j) The department will not issue a special take authorization unless the applicant agrees in writing not to record by means of video, photograph, or other electronic media the act of taking or attempting to take deer under a special take authorization, or allow such recordings, or to make such recordings available to the public.(k) This section shall not be construed to relieve any person of the obligation to comply with any applicable municipal, county, state, or federal law, except as may be specifically authorized with respect to Parks and Wildlife Code and the regulations of the commission.(l) It is an offense for any person to:(1) take or attempt to take a deer under a special take authorization without possessing a hunting license valid for the take of deer in Texas;(2) sell, barter, offer to sell or barter, or otherwise give or receive anything of value in exchange for taking or allowing the take of deer or any parts of the animal, including antlers, under a special take authorization.(m) The validity of a special take authorization is completely conditioned on the conduct of the person to whom the special take authorization is issued and agents of that person. Failure to abide by or comply with any provision of a special take authorization, as determined by the department, automatically invalidates the authorization and subjects the violator to prosecution for applicable violations of Parks and Wildlife Code, Chapters 42, 43, 61, 62, or 63 and any department regulations related to the take of deer. Source Note: The provisions of this §65.907 adopted to be effective August 11, 2024, 49 TexReg 6020. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE W SPECIAL PERMITS §65.907 Special Take Authorization - White-tailed and Mule Deer https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220412&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 220412 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220412&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 220412 03/11/2026 (a) In this section "captivity" means the state of being held under control, or kept caged, penned, or trapped.(b) No person in this state may:(1) hunt a mountain lion that is in captivity;(2) release a mountain lion from captivity for purposes of:(A) being hunted; or(B) training dogs;(3) allow a live mountain lion to be captured in a trap or snare for more than 36 hours; or(4) conduct, promote, assist, or advertise an activity prohibited by this subsection.(c) This section does not:(1) prohibit a person from humanely dispatching a lawfully trapped mountain lion; or(2) apply to the use of vertically set snares that are fabricated or modified to limit the loop or opening to a diameter of 10 inches or less.(d) The provisions of subsection (c)(2) of this section do not exempt any person from the provisions of subsection (b)(2) of this section. Source Note: The provisions of this §65.950 adopted to be effective September 1, 2024, 49 TexReg 6458. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 65 WILDLIFE X MOUNTAIN LIONS §65.950 Mountain Lions (Puma concolor) https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19023&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19023 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19023&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19023 03/11/2026 Except as provided in Parks and Wildlife Code, §88.009, no person may:(1) take, possess, transport, or sell an endangered, threatened, or protected native plant from the public lands of this state unless that person possesses a valid scientific plant permit authorizing such activity.(2) take, possess, transport, or sell an endangered, threatened, or protected native plant for commercial purposes from private lands unless that person possesses a valid commercial plant permit authorizing such activity. Source Note: The provisions of this §69.1 adopted to be effective January 30, 1997, 22 TexReg 901. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 69 RESOURCE PROTECTION A ENDANGERED, THREATENED, AND PROTECTED NATIVE PLANTS §69.1 Permit Required https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184815&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 184815 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184815&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 184815 03/11/2026 (a) Only the individuals named on a scientific plant permit are authorized to conduct the activities authorized by a permit issued under this chapter.(b) Qualifications. A scientific plant permit shall be issued only to a person who provides evidence to the department's satisfaction that:(1) there exists a legitimate scientific need to conduct research and that the information obtained will benefit the department in the management of the target species;(2) the research would not substantially or unnecessarily duplicate existing research conducted under other permits issued under this subchapter;(3) the applicant possesses or has access to facilities to properly care for the permitted plants;(4) the applicant possesses a degree or certification in a botanical or horticultural discipline or possesses letters of recommendation from two acknowledged authorities in a botanical or horticultural discipline; and(5) the proposed research follows generally accepted principles of experimental design.(c) Application requirements. Prior to permit issuance, an applicant for a scientific plant permit shall submit to the department:(1) a completed application on a form supplied by the department;(2) a letter of recommendation from each of two people in the field of botany or horticulture attesting to the professional status or competence that qualifies the applicant to conduct the proposed research;(3) a letter of permission from an agency or entity to take plants on lands under the jurisdiction of the agency or entity; and(4) the name of each person assisting in the collecting and transporting of endangered, threatened, or protected plants.(d) Special provisions.(1) A permit may be amended at any time during the permit year to reflect changes in the propagation, educational, or scientific studies of the permittee, provided the amendment satisfies the criteria set forth in subsection (b) of this section.(2) While conducting any permit activities on public lands, each person named on a permit shall carry copies of the permit and the letter of permission required by subsection (c)(3) of this section, and shall produce such documents upon demand by a game warden.(3) Specimens collected under a scientific plant permit may not be sold or bartered.(4) Persons engaged in the selling or holding for sale of native plants designated as endangered, threatened or protected are prohibited from holding a scientific plant permit. Source Note: The provisions of this §69.2 adopted to be effective January 30, 1997, 22 TexReg 901; amended to be effective July 2, 2017, 42 TexReg 3404. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 69 RESOURCE PROTECTION A ENDANGERED, THREATENED, AND PROTECTED NATIVE PLANTS §69.2 Scientific Plant Permit https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3608&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3608 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3608&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3608 03/11/2026 By the date specified on the permit, a permittee shall complete and submit an annual report on a form provided by the department. A copy of any final report and/or publication relating to the permitted activities shall also be submitted to the department. Source Note: The provisions of this §69.3 adopted to be effective January 30, 1997, 22 TexReg 901. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 69 RESOURCE PROTECTION A ENDANGERED, THREATENED, AND PROTECTED NATIVE PLANTS §69.3 Reporting Requirements https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224495&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 224495 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224495&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 224495 03/11/2026 The department may require information in addition to that required by paragraphs (1)-(3) of this section. Scientific plant permits may be renewed, provided:(1) the permittee has submitted the annual report by the date specified on the permit;(2) the permittee has complied with all permit provisions; and(3) the permittee has demonstrated reasonable progress toward the completion of research activities authorized by the permit. Source Note: The provisions of this §69.4 adopted to be effective January 30, 1997, 22 TexReg 901; amended to be effective September 19, 2019, 44 TexReg 5402; amended to be effective March 24, 2025, 50 TexReg 2079. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 69 RESOURCE PROTECTION A ENDANGERED, THREATENED, AND PROTECTED NATIVE PLANTS §69.4 Renewal https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119650&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 119650 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119650&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 119650 03/11/2026 (a) A commercial plant permit is required to take, possess, and/or transport protected, threatened, and endangered native plants from private lands for commercial purposes. No permit is required to take, possess, and/or transport protected, threatened and endangered native plants from private lands for non-commercial purposes.(b) A person applying for a commercial plant permit shall submit an application on a form provided by the department.(c) By the date specified on the permit, a holder of a commercial plant permit shall complete and submit a report on a form provided by the department. Source Note: The provisions of this §69.5 adopted to be effective January 30, 1997, 22 TexReg 901; amended to be effective April 4, 2005, 30 TexReg 1953. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 69 RESOURCE PROTECTION A ENDANGERED, THREATENED, AND PROTECTED NATIVE PLANTS §69.5 Commercial Plant Permit https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196705&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 196705 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196705&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 196705 03/11/2026 (a) The department may refuse permit issuance or renewal to any person who has been finally convicted of, pleaded nolo contendere to, received deferred adjudication, or assessed an administrative penalty for a violation of:(1) Parks and Wildlife Code, Chapter 43, Subchapters C, E, L, or R;(2) Parks and Wildlife Code, Chapter 67;(3) a provision of the Parks and Wildlife Code that is punishable as a Class A or B Parks and Wildlife Code misdemeanor, a Parks and Wildlife Code state jail felony, or a Parks and Wildlife Code felony;(4) Parks and Wildlife Code, §63.002; or(5) the Lacey Act (16 U.S.C. §§3371-3378).(b) The department may prohibit any person from acting as an agent of any permittee if the person has been convicted of, pleaded nolo contendere to, received deferred adjudication, or assessed an administrative penalty for an offense listed in subsection (a) of this section.(c) The department may refuse to issue a permit to any person the department has evidence is acting on behalf of or as a surrogate for another person who is prohibited by the provisions of this section from engaging in permitted activities.(d) The department may refuse to issue or renew a permit to any person who is not in compliance with applicable reporting or recordkeeping requirements.(e) An applicant for a permit or permit renewal may request a review of a decision of the department to refuse issuance of a permit or permit renewal (as applicable).(f) An applicant seeking review of a decision of the department with respect to permit issuance must request the review within 10 working days of being notified by the department that the application for a permit or permit renewal has been denied.(1) Within 10 working days of receiving a request for review under this section, the department shall establish a date and time for the review.(2) The department shall conduct the review within 30 days of receipt of the request required by subsection (e) of this section, unless another date is established in writing by mutual agreement between the department and the requestor.(3) The request for review shall be presented to a review panel. The review panel shall consist of three department managers with expertise in the subject of the permit, appointed or approved by the executive director, or designee.(4) The decision of the review panel is final. Source Note: The provisions of this §69.6 adopted to be effective September 19, 2019, 44 TexReg 5402. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 69 RESOURCE PROTECTION A ENDANGERED, THREATENED, AND PROTECTED NATIVE PLANTS §69.6 Refusal of Issuance or Renewal of Permit; Review of Agency Decision https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19026&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19026 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19026&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19026 03/11/2026 All permits issued under this subchapter expire one year from the date of issuance unless suspended or revoked by the executive director. Source Note: The provisions of this §69.7 adopted to be effective January 30, 1997, 22 TexReg 901. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 69 RESOURCE PROTECTION A ENDANGERED, THREATENED, AND PROTECTED NATIVE PLANTS §69.7 Period of Validity https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224496&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 224496 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224496&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 224496 03/11/2026 (a) The following plants are endangered:Attached Graphic(b) The following plants are threatened:Attached Graphic(c) Scientific reclassification or change in nomenclature of taxa at any level in the taxonomic hierarchy will not, in and of itself, affect the status of a species as endangered, threatened or protected. Source Note: The provisions of this §69.8 adopted to be effective January 30, 1997, 22 TexReg 901; amended to be effective April 30, 2001, 26 TexReg 3220; amended to be effective April 4, 2005, 30 TexReg 1953; amended to be effective March 23, 2015, 40 TexReg 1712; amended to be effective July 2, 2017, 42 TexReg 3404; amended to be effective March 30, 2020, 45 TexReg 2193; amended to be effective March 24, 2025, 50 TexReg 2079. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 69 RESOURCE PROTECTION A ENDANGERED, THREATENED, AND PROTECTED NATIVE PLANTS §69.8 Endangered and Threatened Plants https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3610&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3610 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3610&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3610 03/11/2026 The penalties for a violation of any provision of this subchapter are prescribed in Texas Parks and Wildlife Code, §88.011. Source Note: The provisions of this §69.9 adopted to be effective January 30, 1997, 22 TexReg 901. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 69 RESOURCE PROTECTION A ENDANGERED, THREATENED, AND PROTECTED NATIVE PLANTS §69.9 Penalties https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119652&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 119652 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119652&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 119652 03/11/2026 Pursuant to the authority contained in Parks and Wildlife Code, §§12.301 - 12.307 and Water Code, §7.109(b) and (c), the department shall actively seek full restitution for and/or restoration of fish, wildlife and habitat loss occurring as a result of human activities. Appropriate restitution and restoration measures include but are not limited to direct replacement of fish, wildlife and/or habitat destroyed or payments equal to the monetary value of fish, wildlife and their habitat. Source Note: The provisions of this §69.19 adopted to be effective December 31, 1996, 21 TexReg 12305; amended to be effective April 4, 2005, 30 TexReg 1953. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 69 RESOURCE PROTECTION B FISH AND WILDLIFE VALUES §69.19 Restitution and Restoration https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201429&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 201429 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201429&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 201429 03/11/2026 (a) Rules under this subchapter establish guidelines for measuring the monetary value of each individual of any species of aquatic life or wildlife:(1) unlawfully killed, caught, taken, possessed or injured in violation of the Parks and Wildlife Code or in violation of any regulation adopted under authority of the Parks and Wildlife Code; or(2) where a violation of the Texas Water Code is determined to be a proximate cause of injury to species normally taken for commercial or recreational purposes, or any species on which aquatic life or wildlife is directly dependent for food.(b) The values assigned to wildlife species or aquatic species, including any value added for endangered or threatened species, and values of other species not listed but derived by application of these guidelines are prima facie evidence of damages recoverable for the unlawful catching, killing, possession, injury or taking of such species. Source Note: The provisions of this §69.20 adopted to be effective October 7, 1996, 21 TexReg 9240; amended to be effective April 4, 2005, 30 TexReg 1953; amended to be effective October 12, 2020, 45 TexReg 7267. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 69 RESOURCE PROTECTION B FISH AND WILDLIFE VALUES §69.20 Application https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119654&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 119654 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119654&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 119654 03/11/2026 The following words or terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Basic value--The cost required to grow a fish to a particular size.(2) Commercial species--These species of fish, shellfish, and wildlife normally taken for sale rather than for recreational purposes.(3) Department--The Texas Parks and Wildlife Department.(4) Endangered species--Species of fish and wildlife indigenous to Texas and listed on the United States List of Endangered Native Fish and Wildlife or on the list of fish or wildlife threatened with statewide extinction as filed by the director with the secretary of state.(5) Forage species--Those species upon which other aquatic life or wildlife directly depend for food.(6) Minimum hookable total length--The minimum total length of a fish that is normally caught and released or caught and landed for recreation. The minimum hookable total length is six inches for all species except sunfish which shall have a minimum hookable total length of five inches.(7) Recovery value--The total value of an individual of a particular size and species. The recovery value is the value of a species at the time it was illegally killed, caught, taken, possessed, or injured.(8) Threatened species--All species listed at §65.175 of this title (relating to Threatened Species). Source Note: The provisions of this §69.21 adopted to be effective October 7, 1996, 21 TexReg 9240; amended to be effective April 4, 2005, 30 TexReg 1953. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 69 RESOURCE PROTECTION B FISH AND WILDLIFE VALUES §69.21 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=117220&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 117220 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=117220&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 117220 03/11/2026 (a) Each species of bird, reptile, amphibian, or animal shall be assigned a score of 0-3 for each of eight scoring criteria. The sum of the scores for the eight criteria (subsection (b) of this section) shall be multiplied by a weighting factor (subsection (c) of this section), and the resulting adjusted criteria score is compared to the monetary scale (subsection (d) of this section) to obtain a monetary value. (b) For scoring criteria listed in paragraphs (1)-(8) of this subsection, a species which is not sought at all shall be scored as 0, while a highly sought species shall be scored 3. (1) Recreation. The extent to which a species is actively sought by users with wildlife interests. Scoring considers both harvest and nonharvest use of a species. (2) Aesthetic. The social value of wildlife species. These values represent wildlife species' beauty or unique natural history. Aesthetic values for these species exist whether or not a person ever would encounter one in its natural habitat. (3) Educational. The educational value of a species arising from, for example, published materials and other audio-visual media about the species, displays in zoos, or the relative frequency with which the species is used to exemplify important curricula principles. (4) Scarcity. The relative population of a species within the range of its habitat, from abundant to scarce. (5) Environmental Tolerance. The ability of a species to tolerate normal changes in climate, topography, water regimes or other ecological factors which may limit range and population. (6) Economics. The direct or indirect economic benefit attributable to the species as a result of recreational or legal transactions. (7) Recruitment. Reproductive and survival potential of a species as it relates to the capability for replacement of its population following decrease or loss. (8) Ecological role. A species' relationships with other life forms--and the species contribution to a healthful and stable balance of nature. Widely-consumed forage species score high, as do predators which control prey species populations. Forage species that are not widely consumed score low, as do predators which contribute little to regulation of prey populations. (c) The individual scores for the criteria are summed to derive a total criteria score. The total criteria score is multiplied by a weighting factor which adjusts the summed criteria score for variance in public demand and/or perception of value for a species. The weighting factor relates the overall demand for a species to its existing supply and to future opportunity for public use. The weighting factors are: (1) 1.0--Abundant. No additional public demand or perception of value exists beyond that reflected by the eight criteria in subsection (b) of this section; (2) 1.1--Frequent. Minor disparity exists between resource availability and public interest and the public demand fluctuates periodically around an equilibrium point; (3) 1.3--Rare. Substantial disparity exists between available supply and identified public interest in species that are subject to ongoing management programs; (4) 1.5--Scarce. The species populations are never expected to meet identified demands or needs, or management programs for a limited species are not fully developed with respect to planned recreational opportunity and economic contribution. (d) The total criteria score multiplied by the weighting factor in subsections (a)-(c) of this section, provides an adjusted criteria score and corresponding recovery value for each species. Attached Graphic Source Note: The provisions of this §69.22 adopted to be effective October 7, 1996, 21 TexReg 9240; amended to be effective October 13, 2004, 29 TexReg 9548. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 69 RESOURCE PROTECTION B FISH AND WILDLIFE VALUES §69.22 Wildlife--Recovery Values https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19031&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19031 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19031&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19031 03/11/2026 (a) The recovery value for each individual of an endangered species equals $1,000 plus the value derived in §69.22 of this title (relating to Wildlife--Recovery Values) for wildlife species and §69.25 of this title (relating to Aquatic Life--Recovery Values) for aquatic life.(b) The recovery value for each individual of a threatened species equals $500 plus the value derived in §69.22 of this title for wildlife species and §69.25 of this title for aquatic life. Source Note: The provisions of this §69.23 adopted to be effective October 7, 1996, 21 TexReg 9240. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 69 RESOURCE PROTECTION B FISH AND WILDLIFE VALUES §69.23 Endangered and Threatened Species https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119655&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 119655 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119655&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 119655 03/11/2026 (a) Basic value shall be obtained from the most recent edition of the American Fisheries Society's special publication describing investigation and valuation of fish kills, except:(1) the basic value for freshwater fish which do not have a basic value published in the most recent edition of the American Fisheries Society's special publication shall be the basic value of a taxonomically or ecologically related species for which a basic value is available.(2) the basic value for saltwater fish not listed in the American Fisheries Society's special publication shall be the basic value of a taxonomically or ecologically related species for which a basic value is available.(b) The basic value for shellfish without commercial value and not listed in the American Fisheries Society's special publication shall be the basic value of a taxonomically or ecologically related species for which a basic value is available or, if no such value is available, the basic value of a forage fish.(c) The basic value is adjusted for inflation by multiplying it by the quotient of the Consumer Price Index in the fiscal year the fish were killed, divided by the Consumer Price Index in the fiscal year data were collected to determine the basic value. Source Note: The provisions of this §69.24 adopted to be effective October 7, 1996, 21 TexReg 9240; amended to be effective April 4, 2005, 30 TexReg 1953. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 69 RESOURCE PROTECTION B FISH AND WILDLIFE VALUES §69.24 Basic Value https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119657&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 119657 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119657&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 119657 03/11/2026 (a) The recovery value for an individual fish of a species which does not have recreational value shall be equal to its basic value.(b) The recovery value of an individual fish shall be determined by adding the fish's basic and recreational value for species which the Commission has designated as having recreational value for the purpose of civil restitution.(c) Recreational value for an individual fish is calculated by dividing the average value of an hour of fishing by the difference in total length between the state record fish and minimum hookable total length for that species and then multiplying that quotient by the total length in inches of the individual fish being valued, minus the minimum hookable total length for that species. This product is then adjusted for inflation by multiplying it by the quotient of the Consumer Price Index in the fiscal year the fish were killed, divided by the Consumer Price Index in the fiscal year the data were collected to determine the average value of an hour of fishing.(d) Recreational value of fish for which substantial and adequate catch per unit effort data are available will be calculated by multiplying the recreational value derived using subsection (c) of this section by the reciprocal of the Catch Per Unit Effort for that species in Texas.(e) When legal means and methods were used to catch the fish, but the number of individuals taken exceeds legal daily bag, catch, or possession limits, recovery values will be applied to the number of fish in excess of the legal limit. Source Note: The provisions of this §69.25 adopted to be effective October 7, 1996, 21 TexReg 9240; amended to be effective April 4, 2005, 30 TexReg 1953. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 69 RESOURCE PROTECTION B FISH AND WILDLIFE VALUES §69.25 Aquatic Life--Recovery Value https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184817&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 184817 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184817&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 184817 03/11/2026 (a) Recovery of value for commercial species is based on the following:(1) ex-vessel or dockside price (by weight or individual as normally determined);(2) for alligators, current per-foot market value; and(3) for alligator eggs, a number derived by multiplying the current market alligator egg price in Texas by the number of alligator eggs unlawfully taken or possessed.(b) Ex-vessel or dockside price is determined by:(1) the most recent department data on commercial harvest data; or(2) average annual ex-vessel price for fish landed in the Gulf of Mexico as obtained from the National Marine Fisheries Service for the most recent calendar year.(c) When commercial species cannot be processed according to the provisions of Parks and Wildlife Code, §12.109, ex-vessel or dockside price of a commercial species is multiplied by three to derive the recovery value of a species. The economic multiplier used is based on data from the latest revision of "Structure of the Texas Economy" developed by H.W. Grubb.(d) Full recovery value will be applied to all fish and shellfish taken by illegal means, methods or manners and from closed areas, during closed seasons or prohibited periods. Source Note: The provisions of this §69.26 adopted to be effective October 7, 1996, 21 TexReg 9240; amended to be effective April 4, 2005, 30 TexReg 1953; amended to be effective July 2, 2017, 42 TexReg 3404. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 69 RESOURCE PROTECTION B FISH AND WILDLIFE VALUES §69.26 Commercial Species--Recovery Value https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119659&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 119659 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119659&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 119659 03/11/2026 All recovery values obtained by the application of rules under this subchapter shall be evaluated by the department on August 31 of each year and updated as necessary. Source Note: The provisions of this §69.27 adopted to be effective October 7, 1996, 21 TexReg 9240; amended to be effective April 4, 2005, 30 TexReg 1953. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 69 RESOURCE PROTECTION B FISH AND WILDLIFE VALUES §69.27 Updating Existing Recovery Values https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=28529&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 28529 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=28529&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 28529 03/11/2026 If any word, phrase, sentence, paragraph, section, subsection, or any other part of this subchapter is invalidated or held inapplicable for any reason, the balance of this subchapter shall not be affected thereby, but shall remain in full force and effect to the greatest extent permitted by law. Source Note: The provisions of this §69.28 adopted to be effective October 7, 1996, 21 TexReg 9240. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 69 RESOURCE PROTECTION B FISH AND WILDLIFE VALUES §69.28 Savings Clause https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19035&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19035 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19035&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19035 03/11/2026 The Tables for Computed Values for Selected Species and the list of those fish species designated as having recreational value are incorporated by reference. These may be obtained by contacting Law Enforcement Division, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744. Source Note: The provisions of this §69.29 adopted to be effective October 7, 1996, 21 TexReg 9240. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 69 RESOURCE PROTECTION B FISH AND WILDLIFE VALUES §69.29 Computed Values for Selected Species https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202763&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 202763 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202763&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 202763 03/11/2026 The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Education--Activities that encourage management and conservation of wildlife resources or that are intended to increase the public's awareness and understanding of aspects of wildlife biology.(2) Final disposition--The terminal status of wildlife rehabilitation efforts due to transfer, retention, mortality, or euthanasia.(3) Fostering--Using a captive animal to rear young animals of the same species.(4) Holding--Retaining in captivity.(5) Human imprinting or human bonding--A dependency or fixation upon humans as parent substitutes or companions.(6) Non-releasable animal--An animal which, after rehabilitation, is determined by the department to be unlikely to survive in the wild if released.(7) Propagate--To allow animals to produce offspring.(8) Rehabilitation--The temporary caring for injured, orphaned, or sick wildlife until such animals can be released to the wild.(9) Satellite rehabilitation facility (satellite facility)--A facility registered with the department and operated by a subpermittee under the supervision of a permittee.(10) Socialize--Using a captive animal to teach wild behaviors to juvenile animals of the same species.(11) Subpermittee--A person authorized by a permittee to conduct activities governed by this subchapter.(12) "Wildlife Protected" wildlife--as defined by Parks and Wildlife Code, Chapter 43, Subchapter C.(13) Supervisory permittee--A permittee who is responsible for the activities of subpermittees listed on the permittee's permit and volunteers at the permittee's or subpermittee's facility or satellite facility, as applicable.(14) Volunteer--An individual who is not a permittee or subpermittee and works with permitted wildlife in the presence of the permittee or subpermittee. Source Note: The provisions of this §69.43 adopted to be effective January 30, 1997, 22 TexReg 902; amended to be effective January 15, 2021, 45 TexReg 306. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 69 RESOURCE PROTECTION C WILDLIFE REHABILITATION PERMITS §69.43 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202764&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 202764 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202764&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 202764 03/11/2026 (a) Activities authorized by a permit issued under this subchapter shall be conducted only by the permittee and/or subpermittees named on the permit or volunteers in compliance with the requirements of this subchapter.(b) Except as provided in subsection (c) of this section, activities authorized by a permit issued under this subchapter shall be conducted only at a rehabilitation facility or satellite facility registered with the department via an electronic application designated by the department for that purpose.(c) A permittee or subpermittee may possess sick or injured wildlife while not at a registered facility or satellite facility only for the amount of time necessary to stabilize and transport the wildlife to a registered facility or satellite facility.(d) A volunteer may engage in permitted activities if:(1) the volunteer is identified on the daily volunteer log as required under §69.52 of this title (relating to Reports and Recordkeeping); and(2) the supervisory permittee or a subpermittee is present. At any time that the supervisory permittee or a subpermittee is not present, volunteer activity must be limited to feeding, watering, cleaning of cages and enclosures, and other custodial activities that involve only incidental contact with wildlife.(e) Wildlife held under the authority of a permit issued under this subchapter may not be sold, bartered, or exchanged for any consideration. A permit issued under this subchapter shall not authorize a person, firm, or corporation to engage in the propagation or commercial sale of wildlife.(f) Wildlife held under the authority of a permit issued under this subchapter shall not be commingled with domestic pets, livestock, exotic livestock, exotic fowl, or non-indigenous wildlife.(g) A permittee shall conduct rehabilitation in an environment which minimizes human contact and prevents human and domestic animal imprinting or bonding.(h) Except for permitted educational purposes, wildlife possessed under a rehabilitation permit shall not come in contact with anyone other than the permittee and/or subpermittees, volunteers, licensed veterinarians, or the staff of licensed veterinarians.(i) A permittee shall not allow the viewing, exhibit, or display to the public of animals possessed under a rehabilitation permit unless specifically authorized by permit provision.(j) A permittee shall not conduct activities governed under this subchapter on the same property as a fur-bearing animal propagation facility or deer breeding facility unless specifically authorized in writing by the department.(k) Non-releasable wildlife shall be euthanized except as provided by this subsection.(1) Permission to retain non-releasable wildlife may be granted only to permittees who have at least three years' experience as a permitted wildlife rehabilitator.(2) The department may permit the retention of non-releasable wildlife for approved educational, fostering, or socialization purposes, or for transfer to zoological, scientific, or educational permittees. Requests must be made in writing to the department and no transfer shall take place until the department has approved the request. A request to retain non-releasable wildlife under this subsection shall include a statement from a licensed veterinarian that the animal is non-releasable and the reasons why the animal is non-releasable. The department will not authorize the retention of an animal that because of a disease or condition poses a danger to humans, other animals, or itself.(l) Permittees possessing non-releasable raptors shall band the raptors with markers supplied by the department.(m) Wildlife rehabilitation of white-tailed deer and mule deer is restricted to fawns only. No permittee or subpermittee may accept or possess a white-tailed or mule deer that is in adult pelage (no spots). All white-tailed or mule deer received by a permittee shall immediately be identified by the attachment to the pinna of either ear of:(1) a Radio Frequency Identification Device (RFID) button tag approved by the department; and(2) a "dangle" type tag bearing the unique identifier assigned to the deer by the department.(3) The RFID tag required by this subsection must have an associated 15-digit animal identification number conforming to the 840 standards of the United States Department of Agriculture, which number shall be reported to the department in accordance with the applicable provisions of §65.92 of this title (relating to Reports and Recordkeeping).(4) It is an offense for any person to remove or allow the removal of a tag required by this subsection from a living white-tailed or mule deer.(5) A permittee or subpermittee who transfers a white-tailed or mule deer shall notify the administrator of the wildlife rehabilitation program at least 24 hours but not more than 48 hours prior to and following the completion of the transfer.(6) Deer must be released, transferred, or euthanized by the end of the calendar year in which they were born or at the time they grow adult pelage, whichever occurs first.(7) The department may require any deer held under a permit issued under this subchapter to be tested for chronic wasting disease.(n) All medical treatment, including vaccinations, shall be performed in consultation with a licensed veterinarian and in accordance with all applicable laws regarding extra-label use of medications and biologicals.(o) Euthanized wildlife and wildlife that has died while under the care of a permittee shall be:(1) transferred to a person authorized by law to receive such wildlife;(2) disposed of in a Type 1 landfill; or(3) interred or incinerated onsite in compliance with any applicable local, state, or federal law regarding animal carcass burial or disposal.(4) Open-pit disposal and burn-pile incineration are prohibited.(p) This subchapter does not apply to department personnel, or transport by animal control officers or peace officers in the performance of official duties.(q) The department may temporarily waive any provision of this subchapter during a wildlife health crisis.(r) The department may designate a manual process in lieu of any electronic application requirement of this subchapter if for whatever reason the electronic application is unavailable. Source Note: The provisions of this §69.44 adopted to be effective January 30, 1997, 22 TexReg 902; amended to be effective January 15, 2021, 45 TexReg 306. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 69 RESOURCE PROTECTION C WILDLIFE REHABILITATION PERMITS §69.44 General Provisions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202765&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 202765 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202765&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 202765 03/11/2026 (a) Except as may be otherwise provided by this subchapter, no person may possess wildlife for purposes of rehabilitation unless the person possesses a valid permit issued under the provisions of this subchapter.(b) Except as otherwise provided under Chapter 65, Subchapter B, of this title (relating to Disease Detection and Response), licensed veterinarians may hold, possess, and transport wildlife to provide emergency medical care or stabilization care until they are stabilized and able to be transferred, at which time the wildlife must be transferred to a permitted rehabilitator.(c) A person may possess protected wildlife for rehabilitation purposes at a satellite facility, provided:(1) the person is listed as a subpermittee on the valid permit of a supervisory permittee and possesses a copy of the valid permit at the satellite facility;(A) the supervisory permittee has registered the facility with the department;(B) the facility is in compliance with the facility standards set forth in §69.49 of this title (relating to General Facilities Standards) and any additional standards or requirements set forth in the permit provisions of the supervisory permittee; and(C) the subpermittee engages only in the rehabilitation activities authorized by the department to be undertaken at the satellite facility, including but not limited to restrictions on numbers and kinds of animals, life stages, and any other restrictions deemed necessary by the department.(2) A permittee who registers a satellite facility with the department shall be responsible for the conduct of the subpermittee at the satellite facility with respect to all activities governed under this subchapter and applicable permit provisions and shall visit each satellite facility no less frequently than once per 120 days to verify that the satellite facility is compliant with the provisions of this subchapter and applicable permit provisions. The department may prescribe alternatives to physical visitation for permittees with a demonstrated history of compliance.(3) The department will not authorize the registration of more than one satellite facility per subpermittee.(4) No person may be a subpermittee for more than one permittee.(d) No permittee shall change facility location or receive unauthorized species, or conduct unauthorized activities unless the permittee possesses an amended permit authorizing such activity.(e) Permits issued under this section may be issued for any period of time not exceeding three years from the date of issuance. Source Note: The provisions of this §69.45 adopted to be effective January 30, 1997, 22 TexReg 902; amended to be effective January 15, 2021, 45 TexReg 306. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 69 RESOURCE PROTECTION C WILDLIFE REHABILITATION PERMITS §69.45 Permit Required https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202766&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 202766 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202766&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 202766 03/11/2026 (a) An applicant for a permit under this subchapter must be at least 18 years of age.(b) Applications shall be made on forms supplied or approved by the department. Incomplete applications will not be processed.(c) Applications must be accompanied by:(1) a copy of the certificate of completion, within the preceding three years, of a training course offered by the International Wildlife Rehabilitation Coalition, the National Wildlife Rehabilitator's Association, or other organization or entity approved by the department;(2) a letter of recommendation from a licensed veterinarian and/or permitted wildlife rehabilitator with at least three years' experience as a permitted wildlife rehabilitator who has known the applicant for at least two years; and(3) a test score of 100 on a department-administered wildlife rehabilitation examination.(d) Permits for the taking or holding of federally protected species shall not be valid unless the permittee also possesses a valid federal permit authorizing possession of those species.(e) Except for persons authorized to do so under the terms of zoological permits, no person holding a permit authorizing the propagation for sale of wildlife shall be authorized to rehabilitate those species. Source Note: The provisions of this §69.46 adopted to be effective January 30, 1997, 22 TexReg 902; amended to be effective April 4, 2005, 30 TexReg 1953; amended to be effective January 15, 2021, 45 TexReg 306. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 69 RESOURCE PROTECTION C WILDLIFE REHABILITATION PERMITS §69.46 Application for Permit https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202767&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 202767 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202767&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 202767 03/11/2026 (a) The department may refuse permit issuance or renewal to any person who has been finally convicted of, pleaded nolo contendere to, or received deferred adjudication or been assessed an administrative penalty for a violation of:(1) Parks and Wildlife Code, Chapter 43;(2) a provision of the Parks and Wildlife Code that is punishable as a Class A or B Parks and Wildlife Code misdemeanor, a Parks and Wildlife Code state jail felony, or a Parks and Wildlife Code felony; or(3) the Lacey Act (16 U.S.C. §§3371-3378).(b) The department may prohibit any person from acting as an agent of any permittee if the person has been convicted of, pleaded nolo contendere to, received deferred adjudication, or assessed an administrative penalty for an offense listed in subsection (a) of this section.(c) The department may refuse to issue a permit to any person the department has evidence is acting on behalf of or as a surrogate for another person who is prohibited by the provisions of this section from engaging in permitted activities.(d) The department may refuse to issue or renew a permit to any person who is not in compliance with applicable reporting or recordkeeping requirements.(e) An applicant for a permit or permit renewal may request a review of a decision of the department to refuse issuance of a permit or permit renewal (as applicable).(f) An applicant seeking review of a decision of the department with respect to permit issuance must request the review within 10 working days of being notified by the department that the application for a permit or permit renewal has been denied.(1) Within 10 working days of receiving a request for review under this section, the department shall establish a date and time for the review.(2) The department shall conduct the review within 30 days of receipt of the request required by subsection (g) of this section, unless another date is established in writing by mutual agreement between the department and the requestor.(3) The request for review shall be presented to a review panel. The review panel shall consist of three department managers with expertise in the subject of the permit, appointed or approved by the executive director, or designee.(4) The decision of the review panel is final. Source Note: The provisions of this §69.47 adopted to be effective January 30, 1997, 22 TexReg 902; amended to be effective April 23, 2001, 26 TexReg 3025; amended to be effective September 19, 2019, 44 TexReg 5402; amended to be effective January 15, 2021, 45 TexReg 306. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 69 RESOURCE PROTECTION C WILDLIFE REHABILITATION PERMITS §69.47 Refusal of Permit Issuance or Renewal; Review https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202768&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 202768 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202768&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 202768 03/11/2026 (a) Renewal applications shall be made on a form provided by the department and shall be submitted with the annual report required by §69.52 of this title (relating to Reports) by no later than January 15 of each year.(b) Renewal applications shall not be processed until the department has received all reports required by §69.52 of this title accompanied by evidence of at least one of the following:(1) completion of a training course offered by the International Wildlife Rehabilitation Coalition, the National Wildlife Rehabilitator's Association, or other department-approved organization or entity within the preceding three years;(2) a current Wildlife Rehabilitator Certification provided by International Wildlife Rehabilitation Coalition; or(3) attendance at a national wildlife rehabilitators conference within the preceding three years.(c) The department may deny a renewal as provided in §69.47 of this title (relating to Refusal of Permit Issuance or Renewal; Review). Source Note: The provisions of this §69.48 adopted to be effective January 30, 1997, 22 TexReg 902; amended to be effective January 15, 2021, 45 TexReg 306. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 69 RESOURCE PROTECTION C WILDLIFE REHABILITATION PERMITS §69.48 Permit Renewals https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202769&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 202769 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202769&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 202769 03/11/2026 (a) All facilities shall be subject to inspections by the department. A first-time applicant's facilities shall be inspected by the department and no permit shall be issued until the facilities are determined to satisfy all of the applicable facilities standards of this subchapter.(1) The department may specify individual caging requirements on a case-by-case basis.(2) Clean water shall be available at all times except where medical circumstances require the temporary denial of water.(3) Feces and waste materials shall be removed on a daily basis except for species which normally re-ingest fecal material.(4) Cages shall be cleaned and disinfected using non-irritating methods.(5) A person authorized by permit shall observe and provide care for wildlife at least once daily unless otherwise specified by the permit.(b) White-tailed deer and mule deer held under a permit issued under this subchapter shall be confined at all times within a department-approved enclosure (indoor, outdoor, or both) that is constructed in such a fashion as to prevent both escape and contact with other deer or susceptible species as defined in Chapter 65, Subchapter B, of this title (relating to Disease Detection and Response). The department will not authorize the rehabilitation of deer by a permittee if the permittee's facility is not in compliance with this subsection. Source Note: The provisions of this §69.49 adopted to be effective January 30, 1997, 22 TexReg 902; amended to be effective January 15, 2021, 45 TexReg 306. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 69 RESOURCE PROTECTION C WILDLIFE REHABILITATION PERMITS §69.49 General Facilities Standards https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202770&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 202770 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202770&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 202770 03/11/2026 (a) Except as provided by federal law, Chapter 65, Subchapter B of this title, or a provision of state law, a permit issued under this subchapter authorizes the permittee to transfer wildlife to:(1) other wildlife rehabilitators legally permitted to hold that species in Texas; or(2) wildlife rehabilitators permitted in other states, provided a letter of authorization from the department has been obtained prior to the transfer.(b) The transfer to or receipt of white-tailed or mule deer from another state is prohibited. Source Note: The provisions of this §69.50 adopted to be effective January 30, 1997, 22 TexReg 902; amended to be effective January 15, 2021, 45 TexReg 306. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 69 RESOURCE PROTECTION C WILDLIFE REHABILITATION PERMITS §69.50 Transfers https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202771&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 202771 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202771&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 202771 03/11/2026 (a) A permittee shall release all wildlife capable of surviving in the wild in accordance with the provisions of this section, unless specifically authorized in writing by the department to do otherwise.(b) A permittee shall not release, or cause or allow the release of wildlife in such a manner or at such a location so that the released animals are likely to become a nuisance, a disease threat, or a depredation threat.(c) Except as specifically authorized in writing by the department, releases shall not be made in or to fenced or enclosed areas that prevent the animal from leaving at will.(d) Wildlife shall be released only to habitat appropriate for the species.(e) No person may release or allow the release of white-tailed deer or mule deer held under the provisions of this subchapter unless the release site is either:(1) within five miles of the location where the deer was discovered prior to intake; or(2) within the county where the deer was discovered prior to intake.(f) Permittees may not release wildlife on department property without the permission of the department.(g) A permittee commits an offense if the permittee releases or effects the release of wildlife held under the provisions of this subchapter on property without having on their person the written permission of the landowner, lessee, or operator to release the wildlife on that property.(h) Nothing in this section shall be construed to exempt any person from any applicable provision of local, state, or federal law. Source Note: The provisions of this §69.51 adopted to be effective January 30, 1997, 22 TexReg 902; amended to be effective April 23, 2001, 26 TexReg 3025; amended to be effective January 15, 2021, 45 TexReg 306. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 69 RESOURCE PROTECTION C WILDLIFE REHABILITATION PERMITS §69.51 Release of Rehabilitated Wildlife https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202772&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 202772 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202772&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 202772 03/11/2026 (a) Each permittee and each subpermittee who operates a satellite facility shall maintain, on a form provided or approved by the department:(1) a daily log of all animals acquired or received for rehabilitation. The daily log shall, at a minimum, consist of the following:(A) the species and sex (if possible) of each animal acquired or received;(B) the date and time that each animal was acquired or received;(C) the name, address, phone number, and, if possible, an email address for each person from whom an animal is acquired or received;(D) the approximate or exact geographical location where each animal was found before being acquired or obtained;(E) a reference identifier assigned to the wildlife;(F) the RFID tag number assigned to a white-tailed or mule deer; and(G) final disposition data for each animal, including:(i) the cause of final disposition;(ii) the date and time of final disposition; and(iii) the method and location of disposition, including but not limited to:(I) GPS coordinates for any release location;(II) the name, address, phone number, and email address of the landowner of a property where wildlife is released; and(III) the name, address, phone number, email address, and permit number (if applicable) of any person to whom wildlife is transferred, if wildlife is transferred; and(2) a daily log of all volunteers who engage in permitted activities at the permittee's facility. The daily volunteer log shall record:(A) the first and last name of each volunteer;(B) a valid phone number and email address for each volunteer;(C) the date the volunteer arrived at the facility;(D) the time the volunteer arrived at the facility; and(E) the time the volunteer departed the facility.(b) Each permittee and each subpermittee who operates a satellite facility shall complete and submit quarterly reports to the administrator of the department's rehabilitation program until the department designates an electronic application for that purpose, at which time the quarterly reports required by this section shall be filed via electronic application. The reports required by this section must be received by the department by January 15, April 15, July 15, and October 15 of each year.(1) For permittees, the reports shall include the activities conducted at the permittee's registered facility by all individuals listed on the permit, not to include activities conducted by subpermittees at satellite facilities.(2) For subpermittees who operate a satellite facility, the report shall include the activities conducted at the satellite facility.(3) The quarterly reports required by this section must be filed even if no permitted activities took place during the quarterly period.(c) The following shall be retained at the permitted facility and kept available for inspection by the department for a period of two years from generation:(1) copies of all reports required by this section;(2) the daily logs required by this section; and(3) the written landowner permission to release wildlife required under the provisions of 69.51(g) of this title (relating to Release of Rehabilitated Wildlife).(d) The registrations, reports, and notifications required by this subchapter shall be submitted via email to the administrator of the department's wildlife rehabilitation program until the department designates an electronic application for that purpose, at which time all reports and notifications shall be filed via the electronic application. Source Note: The provisions of this §69.52 adopted to be effective January 30, 1997, 22 TexReg 902; amended to be effective January 15, 2021, 45 TexReg 306. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 69 RESOURCE PROTECTION C WILDLIFE REHABILITATION PERMITS §69.52 Reports and Recordkeeping https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3613&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3613 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3613&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3613 03/11/2026 The penalties for violations of this subchapter are as prescribed by Parks and Wildlife Code, Chapter 43, Subchapter C. Source Note: The provisions of this §69.53 adopted to be effective January 30, 1997, 22 TexReg 902. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 69 RESOURCE PROTECTION C WILDLIFE REHABILITATION PERMITS §69.53 Violations and Penalties https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206811&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 206811 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206811&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 206811 03/11/2026 The Texas Parks and Wildlife Commission adopts by reference the provisions of 43 TAC §§2.201 - 2.207 (relating to Memorandum of Understanding with the Texas Parks and Wildlife Department). Source Note: The provisions of this §69.71 adopted to be effective June 29, 1999, 24 TexReg 4832; amended to be effective April 4, 2005, 30 TexReg 1953; amended to be effective October 21, 2013, 38 TexReg 7313; amended to be effective November 22, 2021, 46 TexReg 7895. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 69 RESOURCE PROTECTION D MEMORANDUM OF UNDERSTANDING §69.71 Memorandum of Understanding between the Texas Parks and Wildlife Department and the Texas Department of Transportation https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=31130&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 31130 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=31130&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 31130 03/11/2026 Pursuant to the requirements of the Natural Resources Code, §40.107, the Texas Parks and Wildlife Department adopts by reference the provisions of §§20.1-20.44 of this title (relating to Natural Resource Damage Assessment), as adopted by the Texas General Land Office, effective October 19, 1994. Source Note: The provisions of this §69.73 adopted to be effective January 2, 1997, 21 TexReg 12425. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 69 RESOURCE PROTECTION E NATURAL RESOURCE DAMAGES §69.73 Natural Resource Damage Assessment for Coastal Oil Spills https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19049&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19049 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19049&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19049 03/11/2026 The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Certified Inspector--An employee of the Texas Parks and Wildlife Department or the Texas A&M Sea Grant College Program who has satisfactorily completed a department approved course in clinical analysis of shellfish.(2) Clinical Analysis Checklist--An inspection form provided by the department specifying sampling protocols and listing certain characteristics which may constitute manifestations of disease.(3) Disease--Contagious pathogens or injurious parasites which may be a threat to the health of natural populations of aquatic organisms.(4) Disease-Free--A status based on the results of an examination conducted by a department approved shellfish disease specialist that certifies a group of aquatic organisms as being free of disease.(5) Immediately--Without delay; with no intervening span of time.(6) Manifestations of disease--Manifestations of disease include, but are not limited to, one or more of the following: heavy or unusual predator activity, empty guts, emaciation, rostral deformity, digestive gland atrophy or necrosis, gross pathology of shell or underlying skin typical of viral infection, fragile or atypically soft shell, gill fouling, or gill discoloration.(7) Private facility--A pond, tank, cage or other structure capable of holding native shellfish in confinement wholly within or on private land or water or wholly within or on permitted public land or water.(8) Quarantine condition--Confinement of native penaeid shrimp such that neither the shrimp nor the water in which they are or were maintained comes into contact with other fish or shellfish.(9) Waste--Waste shall have the same meaning as in Chapter 26, §26.001(6) of the Texas Water Code.(10) Water in the state--Water in the state shall have the same meaning as in Chapter 26, §26.001(5) of the Texas Water Code. Source Note: The provisions of this §69.75 adopted to be effective June 21, 1998, 23 TexReg 6571. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 69 RESOURCE PROTECTION F HEALTH CERTIFICATION OF NATIVE SHELLFISH §69.75 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119661&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 119661 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119661&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 119661 03/11/2026 (a) Any person in possession of native panaeid shrimp stocks held on a private facility for the purpose of aquaculture or scientific research who observes one or more manifestations of disease appearing on the clinical analysis checklist provided by the department shall:(1) immediately place the entire facility under quarantine condition, immediately notify the department and immediately request an inspection from a department approved examiner; or(2) immediately quarantine the entire facility, immediately notify the department and immediately submit samples of the affected shrimp to a department approved shellfish disease specialist for analysis. Results of such inspections or analyses shall be forwarded to the department immediately upon receipt.(b) Upon receiving a request from a permit holder under subsection (a) of this section, the department approved examiner shall inspect the private facility, complete the clinical analysis checklist provided by the department and submit the checklist to the department and the permit holder.(c) A private facility quarantined under subsection (a) of this section shall remain under quarantine condition until the department removes the quarantine in writing or authorizes in writing other actions deemed appropriate by the department based on the results of the required analyses. Source Note: The provisions of this §69.77 adopted to be effective June 21, 1998, 23 TexReg 6571; amended to be effective April 4, 2005, 30 TexReg 1953. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 69 RESOURCE PROTECTION F HEALTH CERTIFICATION OF NATIVE SHELLFISH §69.77 Health Certification of Native Penaeid Shrimp https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86620&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86620 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86620&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86620 03/11/2026 Pursuant to the requirements of Chapter 501 of this title (relating to Coastal Management Program), the actions and rules of the Texas Parks and Wildlife Department with regard to the items listed in §505.11(7)(A)-(D) of this title (relating to Actions and Rules Subject to the Coastal Management Program) shall be consistent with the applicable goals, policies, and procedures set forth by the Coastal Coordination Council in Chapters 501 and 505 of this title (relating to Council Procedures for State Consistency with Coastal Management Program Goals and Policies), when such actions or rules may adversely affect a coastal natural resource area as defined in §503.1 of this title (relating to Coastal Management Program Boundary). Specifically, permits or actions authorized by the Texas Parks and Wildlife Department related to activities listed in §505.11(7)(A)-(D) shall include the statements and determinations required by §505.30 of this title (relating to Agency Consistency Determination). Source Note: The provisions of this §69.91 adopted to be effective May 13, 1996, 21 TexReg 3807; amended to be effective April 23, 2001, 26 TexReg 3026. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 69 RESOURCE PROTECTION G COMPLIANCE WITH COASTAL MANAGEMENT PLAN §69.91 Consistency https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86621&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86621 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86621&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86621 03/11/2026 The thresholds for referral of actions of the Texas Parks and Wildlife Department listed in §505.11(7)(A)-(D) of this title (relating to Actions and Rules Subject to Coastal Management Program) shall be as follows.(1) For oyster leases issued pursuant to §58.30 of this title (relating to Private Oyster Leases), the threshold for referral shall be an administratively complete application for a lease.(2) For permits issued pursuant to §§69.301-69.311 of this title (relating to Scientific, Educational and Zoological Permits) as they concern the taking, transporting, or possession of threatened or endangered species; §§65.171-65.176 and §§69.43-69.53 of this title (relating to Threatened and Endangered Nongame Species); or permits issued pursuant to §§69.1-69.9 of this title (relating to Endangered, Threatened, and Protected Native Plants; Wildlife Rehabilitation Permits), the threshold shall be an administratively complete application.(3) For permits authorizing the disturbance or removal of sand, shell, gravel, and marl issued pursuant to §§69.101-69.121 and 69.201-69.209 of this title (relating to Shell Dredging on the Texas Gulf Coast and Issuance of Marl, Sand, and Gravel Permits), the threshold shall be an administratively complete application for a permit.(4) For approval of development which requires the use or taking of any public land in state parks, wildlife management areas, and preserves by a person or entity other than the Texas Parks and Wildlife Department and which would be subject to Parks and Wildlife Code, Chapter 26, and §§59.41-59.47, 59.61-59.64, and 59.75 of this title (relating to Acquisition and Development of Historic Sites, Buildings, and Structures, and Administration of the Texas State Park System), the threshold for referral shall be initial approval by the Texas Parks and Wildlife Commission of the project concept. Source Note: The provisions of this §69.93 adopted to be effective May 13, 1996, 21 TexReg 3807; amended to be effective April 23, 2001, 26 TexReg 3026. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 69 RESOURCE PROTECTION G COMPLIANCE WITH COASTAL MANAGEMENT PLAN §69.93 Thresholds for Referral https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196555&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 196555 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196555&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 196555 03/11/2026 (a) These rules establish the procedures for the issuance of permits for the taking of sedimentary materials from the public waters of this state.(b) Permits issued pursuant to these rules are not contracts, but are evidence of permission granted by the commission, acting through the executive director of the department, to operate strictly in accordance with the terms of the permit.(c) Prior to issuing a permit under this section for the disturbance of marl sand and gravel within the Coastal Management Program Boundary as defined in §503.1 of this title (relating to Coastal Management Program Boundary) the department shall comply with the requirements of §69.91 and §69.93 of this title (relating to Consistency; Threshold for Referral) and §505.30 of this title (relating to Agency Consistency Determination). Grant or denial of an application for a permit under this section is not a final agency action appealable for purposes of judicial review under the Texas Administrative Procedure Act, Texas Government Code, Title 10, Subtitle A, §2001.171, until the jurisdiction of the Coastal Coordination Council has lapsed. Source Note: The provisions of this §69.101 adopted to be effective February 4, 1997, 22 TexReg 958; amended to be effective September 19, 2019, 44 TexReg 5060. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 69 RESOURCE PROTECTION H ISSUANCE OF MARL, SAND, AND GRAVEL PERMITS §69.101 Management and Protection https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196556&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 196556 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196556&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 196556 03/11/2026 The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise.(1) Administratively complete--An application is administratively complete when all information required for staff evaluation has been submitted with all necessary maps, photographs, channel depths and sponsor/owner application forms.(2) Applicant--Any person applying for a permit.(3) Director--The Executive Director of the Parks and Wildlife Department.(4) Evidence--A presentation of facts orally or in writing by affidavit, deposition, or in person, and may include maps, pictures, diagrams, models, and learned treatises.(5) General permit--An authorization to disturb or remove sedimentary materials from the public waters of the state under conditions that meet the criteria set forth in §69.115 of this title (relating to General Permits).(6) Individual permit--An authorization to disturb or remove sedimentary materials from the public waters of the state for any proposed activity that does not qualify for a general permit.(7) Person--Any person, firm, partnership, association, corporation, or entity.(8) River segment--Reach of river and tributaries as designated by the Texas Commission on Environmental Quality (TCEQ) based on flow and water quality attributes in the Surface Water Quality Standards.(9) Sedimentary materials--Marl, sand, mudshell, gravel, or any combination of them.(10) Waters--All of the salt and fresh water of the area of this state under the jurisdiction and trusteeship or ownership of the government of the State of Texas, all the volume of such water area, and all lands underlying such water area, and all lands subject to the jurisdiction of the commission underlying the beds of navigable streams, whether containing water or not, as defined in Texas Civil Statutes, Article 5302. Source Note: The provisions of this §69.102 adopted to be effective February 4, 1997, 22 TexReg 958; amended to be effective July 2, 2017, 42 TexReg 3404; amended to be effective September 19, 2019, 44 TexReg 5060. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 69 RESOURCE PROTECTION H ISSUANCE OF MARL, SAND, AND GRAVEL PERMITS §69.102 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=28530&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 28530 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=28530&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 28530 03/11/2026 The commission delegates power and authority to the director to issue uncontested permits for the taking of sedimentary materials from the waters of this state. Source Note: The provisions of this §69.103 adopted to be effective February 4, 1997, 22 TexReg 958. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 69 RESOURCE PROTECTION H ISSUANCE OF MARL, SAND, AND GRAVEL PERMITS §69.103 Delegation of Authority https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19052&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19052 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19052&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19052 03/11/2026 Unless authorized as an exempt activity pursuant to §69.120 of this title (relating to Exemptions), the disturbance of sedimentary materials under the management and protection of the commission must be authorized under the terms and conditions of either an individual or a general permit. The department may require an individual permit for any proposed activity not specifically exempt under §69.120 of this title. Source Note: The provisions of this §69.104 adopted to be effective February 4, 1997, 22 TexReg 958. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 69 RESOURCE PROTECTION H ISSUANCE OF MARL, SAND, AND GRAVEL PERMITS §69.104 Permit Required https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196557&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 196557 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196557&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 196557 03/11/2026 (a) The application for a permit (either individual or general) shall set forth the proposed location, quantities, kinds of materials to be removed, equipment to be used, period of time, names of alongshore property owners on both sides of the waterway for one mile both upstream and downstream of the proposed operation, and other information as may be required. (b) All applications shall include:(1) a completed sand and gravel permit application on a form provided by the department;(2) a completed publisher's affidavit for notice approved by the department published in: (A) the daily or weekly newspaper with the greatest circulation in the county or counties affected by the issuance of the permit for three consecutive days, if daily, and if weekly, in three consecutive weeks; and(B) one newspaper published for the community closest to the proposed area of disturbance, if any;(3) proof that notice approved by the department was sent by certified mail to all alongshore property owners within one river mile upstream and downstream of the proposed area of disturbance described in the application; (4) a sedimentation impact assessment, including an evaluation of sediment budget, erosion rates of the river segment to be affected, and the effect on coastal and receiving waters, approved by the department; and(5) a project description that includes, at a minimum:(A) the name, address, and telephone number of the applicant; (B) a description of the proposed activity or a plan of the proposed project; (C) if applicable, the size of the pipeline or cable, the width of the proposed trench, and the width of the right-of-way to be disturbed; (D) a vicinity map showing the location of the proposed activity; (E) the maximum amount of sedimentary material to be disturbed or removed and a description of its intended final disposal area; (F) the date that the proposed activity will begin; (G) a statement disclosing whether or not any species listed as state or federal threatened or endangered species might be affected by, or found in the vicinity of, the proposed project; and (H) maps, drawings, and/or photographs depicting property of adjacent landowners and other resources including trees, wetlands, aquatic habitats such as channels or shallows; and(6) any requested amendments to the permit, if the application is for the renewal of a permit.(c) The public notice shall set forth a time and place for a public comment hearing to receive public comment on the application. (d) Within 30 days of receipt of an administratively complete application, the department shall: (1) publish notice of the public comment hearing in the Texas Register at least 20 days prior to the hearing date; and(2) mail a copy of the notice to any person who has made a written request for forwarding of this information, and shall notify the applicant; (e) The public notice shall set forth in full any trade or corporate name used by the applicant. The applicant shall be responsible for prompt and full payment for all newspaper notice required. (f) A completed publisher's affidavit for all required newspaper notice shall be required prior to commencement of a contested case hearing. (g) The department shall set a 30-day public comment period to begin on the date of publication in the Texas Register or the newspaper(s), whichever is later. All relevant public comment shall be presented to the executive director or the commission at the time the permit application is presented for decision. Source Note: The provisions of this §69.105 adopted to be effective February 4, 1997, 22 TexReg 958; amended to be effective September 19, 2019, 44 TexReg 5060. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 69 RESOURCE PROTECTION H ISSUANCE OF MARL, SAND, AND GRAVEL PERMITS §69.105 Application Procedures https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3614&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3614 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3614&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3614 03/11/2026 The director or other authorized employee shall preside and hear relevant public comment offered by the applicant or any other interested person. Public comment may be presented orally or in writing. Source Note: The provisions of this §69.106 adopted to be effective February 4, 1997, 22 TexReg 958. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 69 RESOURCE PROTECTION H ISSUANCE OF MARL, SAND, AND GRAVEL PERMITS §69.106 Public Comment Hearing Procedures https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19053&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19053 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19053&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19053 03/11/2026 (a) A written request for a contested case hearing from an applicant or a person with a justifiable interest must be received prior to the close of the public comment period and shall be referred to the Office of Administrative Hearings (OAH) within 45 days after the close of the public comment period. Proposed activities shall not commence or continue after the date on which an application is referred to the OAH until a valid permit is issued.(b) Contested cases shall be conducted pursuant to the Procedural Rules of the commission and any applicable rules of the State Office of Administrative Hearings.(c) The applicant shall be responsible for all hearing costs to the State Office of Administrative Hearings, transcript costs incurred by the department, and court reporting costs incurred by the department and no permit may be issued pursuant to this section before full payment of all proper costs have been made to the department by the applicant. Source Note: The provisions of this §69.107 adopted to be effective February 4, 1997, 22 TexReg 958. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 69 RESOURCE PROTECTION H ISSUANCE OF MARL, SAND, AND GRAVEL PERMITS §69.107 Contested Case Hearings https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196558&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 196558 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196558&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 196558 03/11/2026 (a) The director may consider the following criteria in determining whether to grant or deny a permit:(1) the past performance of the applicant with respect to its obedience and strict observance of the terms of past permits;(2) whether the applicant shows evidence of financial responsibility;(3) the ability of the applicant to operate, including its facilities for operation;(4) the existence of sedimentary materials in the area applied for;(5) whether the granting of the permit will have a material adverse effect on recreational activity in the general area affected by the permit;(6) whether the granting of the permit will have a material adverse effect on commercial fishing or the general seafood industry in the general area affected by the permit;(7) the effect, if any, on navigation in the general area affected by the permit.(b) The director shall consider the following criteria in determining whether to grant or deny a permit:(1) whether operation under the proposed permit will damage or injuriously affect oysters, oyster beds, or fish-inhabiting waters thereof or adjacent thereto;(2) whether the operation will damage or injuriously affect any island, reef, bar, channel, river, creek, or bayou used for frequent or occasional navigation, or change or otherwise injuriously affect any current that will affect navigation;(3) the requirements of industry for such sedimentary materials and the relative value to the State of Texas for commercial use. Source Note: The provisions of this §69.108 adopted to be effective February 4, 1997, 22 TexReg 958; amended to be effective September 19, 2019, 44 TexReg 5060. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 69 RESOURCE PROTECTION H ISSUANCE OF MARL, SAND, AND GRAVEL PERMITS §69.108 Criteria https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3615&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3615 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3615&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3615 03/11/2026 Within a reasonable length of time after the conclusion of the hearing, the director shall make findings of fact or have presented to the commission findings of fact from the State Office of Administrative Hearings and set forth whether the permit should be granted or denied. Source Note: The provisions of this §69.109 adopted to be effective February 4, 1997, 22 TexReg 958. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 69 RESOURCE PROTECTION H ISSUANCE OF MARL, SAND, AND GRAVEL PERMITS §69.109 Findings of Fact https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196559&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 196559 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196559&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 196559 03/11/2026 (a) No individual permit shall be granted for a period longer than three years.(b) No general permit shall be granted for a period longer than one year. Source Note: The provisions of this §69.110 adopted to be effective February 4, 1997, 22 TexReg 958; amended to be effective December 15, 1997, 22 TexReg 12276; amended to be effective September 19, 2019, 44 TexReg 5060. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 69 RESOURCE PROTECTION H ISSUANCE OF MARL, SAND, AND GRAVEL PERMITS §69.110 Period of Validity https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196560&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 196560 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196560&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 196560 03/11/2026 (a) The director may make such reasonable requirements of the permittee as required to effectuate the intent of Chapter 86 of the Parks and Wildlife Code.(b) For individual permits the director shall require the permittee to make a good and sufficient bond payable to the department, and conditioned upon the prompt payment of charges for sedimentary materials and any damage done to property under the ownership or trusteeship of the state.(c) The director shall require the permittee to:(1) for individual permits, make a sworn report no later than the tenth of each month on all materials removed from public waters during the preceding month at the approved location or locations;(2) maintain permanent records of all materials removed, stockpiled, or sold;(3) make such records available to department representatives any time; and(4) make a monthly report whether or not any materials are removed.(d) All permittees shall submit a report no later than the 30th day after the permit expiration date. The report shall:(1) be made by certified mail to: Texas Parks and Wildlife Department, Sand and Gravel Program, 4200 Smith School Rd., Austin, TX 78744;(2) contain a sworn, notarized verification that the contents of the report are true and correct;(3) be mailed no later than 30 days from the date of permit expiration; and(4) state the total volume of marl, sand, gravel, shell, or mudshell removed during the term of the permit.(e) The director shall require the permittee to remit to the department the established price on sedimentary materials removed during the month for which each monthly report is made. These prices are subject to change by the commission with the approval of the Governor of the State of Texas.(f) The director shall require that the permittee not interfere with state or federal improvements, navigation, fish life, or riparian rights of landowners in or along any navigable stream or public body of water. Source Note: The provisions of this §69.111 adopted to be effective February 4, 1997, 22 TexReg 958; amended to be effective September 19, 2019, 44 TexReg 5060. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 69 RESOURCE PROTECTION H ISSUANCE OF MARL, SAND, AND GRAVEL PERMITS §69.111 Requirements https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19055&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19055 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19055&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19055 03/11/2026 (a) Following a determination that the use of excessive equipment is causing siltation or other damage to oysters, oyster beds, or fish-inhabiting waters thereof or adjacent thereto, the director may limit the quantity or type or both quantity and type of equipment used in any particular area.(b) A failure or refusal of the holder of the permit to comply with the terms and conditions of such permit or the violation of any law or condition pertaining to the taking of sedimentary materials shall operate as an immediate termination or revocation of all rights conferred in or claimed under the permit; and such permit may be canceled by the director. Source Note: The provisions of this §69.112 adopted to be effective February 4, 1997, 22 TexReg 958. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 69 RESOURCE PROTECTION H ISSUANCE OF MARL, SAND, AND GRAVEL PERMITS §69.112 Restrictions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19058&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19058 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19058&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19058 03/11/2026 An applicant for a permit to dredge from an area which is or may be subject to tidal inundation claimed as the private property of the applicant must provide the department with sufficient proof of such ownership; and this proof shall be accompanied by a recent survey plat indicating the exact location of such area, or the department will presume the ownership of such area is vested in the state. In all such instances, the applicant has the burden to satisfy the department concerning the question of ownership, and the department reserves the right to demand adequate proof of ownership prior to granting a permit for such area. The attorney general shall be requested to examine the title to all claims of private ownership, and those findings shall be taken as final on questions of title. Source Note: The provisions of this §69.113 adopted to be effective February 4, 1997, 22 TexReg 958. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 69 RESOURCE PROTECTION H ISSUANCE OF MARL, SAND, AND GRAVEL PERMITS §69.113 Claims of Private Ownership https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196561&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 196561 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196561&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 196561 03/11/2026 (a) Except as provided in subsection (c) of this section, applications for permits to take or disturb sedimentary material shall be accompanied by the following nonrefundable application fees:(1) $1,200 for applications to take sedimentary material for purposes of sale; and(2) $500 for all other applications.(b) Applications seeking authorization under an individual permit to take or disturb sedimentary material from more than one location shall be subject to an additional nonrefundable fee of $100 for each additional location after the first.(c) Applicants who are exempted by the terms of the Parks and Wildlife Code, Chapter 86, from the requirement of purchasing sedimentary material also are exempted from the application fee otherwise required under this section. Source Note: The provisions of this §69.114 adopted to be effective February 4, 1997, 22 TexReg 958; amended to be effective December 15, 1997, 22 TexReg 12276; amended to be effective September 19, 2019, 44 TexReg 5060. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 69 RESOURCE PROTECTION H ISSUANCE OF MARL, SAND, AND GRAVEL PERMITS §69.114 Sedimentary Material Permit Application Fees https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19059&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19059 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19059&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19059 03/11/2026 (a) Under the terms of a general permit, the executive director may authorize the following activities:(1) pipeline construction;(2) pipeline maintenance; and(3) other activities that necessitate the disturbance or removal of less than 1,000 cubic yards of sedimentary material.(b) Activities which do not qualify for a general permit may only be authorized by an individual permit issued pursuant to §69.105 of this title (relating to Application Procedure: Individual Permit).(c) If the executive director finds that the disturbance or removal of sedimentary material of less than 1,000 cubic yards is likely to adversely affect any natural resource listed in §86.004 of the Parks and Wildlife Code in the manner prohibited by the Code, the director may require an individual permit issued pursuant to §69.105 of this title (relating to Application Procedure: Individual Permit). Source Note: The provisions of this §69.115 adopted to be effective February 4, 1997, 22 TexReg 958. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 69 RESOURCE PROTECTION H ISSUANCE OF MARL, SAND, AND GRAVEL PERMITS §69.115 General Permits https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184819&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 184819 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184819&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 184819 03/11/2026 A general permit may be authorized for an activity listed in §69.115(a) of this title (relating to General Permits), provided that the proposed activity:(1) will have no significant adverse effects on a natural resource of the state as set forth in Parks and Wildlife Code, §86.004;(2) is minimal in scope and duration; and(3) will be conducted in compliance with the best management practices set forth in §69.118 of this title (relating to Best Management Practices). Source Note: The provisions of this §69.116 adopted to be effective February 4, 1997, 22 TexReg 958; amended to be effective July 2, 2017, 42 TexReg 3404. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 69 RESOURCE PROTECTION H ISSUANCE OF MARL, SAND, AND GRAVEL PERMITS §69.116 Conditions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196562&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 196562 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196562&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 196562 03/11/2026 (a) In the event of an emergency that requires immediate action to prevent a threat to human health and safety or the environment, a person who seeks to remove or disturb less than 1,000 cubic yards of sedimentary material shall promptly notify the department that an emergency exists. The department shall respond to this notification within 72 hours with a determination that the action is approved, not approved, or approved with conditions.(b) Within ten days of completing an approved emergency activity, a permittee shall submit a written report to the department. Such report shall include:(1) the name, address, and telephone number of the applicant;(2) a description of the emergency activity;(3) a small-scale map showing the location of the emergency activity;(4) the estimated amount of sedimentary material disturbed or removed as a result of the emergency activity; and(5) the date(s) the emergency activity took place.(c) Additional requirements. The department may, at its discretion, require a permittee to furnish reports during and after any activity authorized under the provisions of this subchapter. Source Note: The provisions of this §69.117 adopted to be effective February 4, 1997, 22 TexReg 958; amended to be effective September 19, 2019, 44 TexReg 5060. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 69 RESOURCE PROTECTION H ISSUANCE OF MARL, SAND, AND GRAVEL PERMITS §69.117 Emergency Situations https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196563&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 196563 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196563&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 196563 03/11/2026 (a) In issuing a permit, the department relies in part on the information provided by the permittee with the application. If such information proves to be false, incomplete, or inaccurate, a permit may be modified, suspended, or revoked, in whole or in part following the administrative proceedings required by law.(b) Structures and activities authorized under a general permit shall be in compliance with all applicable terms and conditions of §69.115 of this title (relating to General Permits) and this section. Failure to abide by such conditions invalidates the permit and may constitute operation without a permit.(c) Permittee shall not prevent the full and free public use of navigable waters at or adjacent to the project.(d) There shall be no interference with navigation.(e) Permittee shall make every reasonable effort to conduct the activities authorized hereunder in a manner which minimizes any adverse impact of the work on water quality, fish and wildlife and their habitats, and the natural environment.(f) Permittee shall allow authorized department representatives access to the project site as needed for periodic inspections to ensure that the activity being performed under the permit is consistent with the terms and conditions herein.(g) Stream or river realignment is not authorized under the general permit. Activities shall not restrict or impede the passage of normal or expected high flows or cause the relocation or diversion of water.(h) The project shall be designed to be stable against the forces of flowing water, wave action, and the wake of passing vessels.(i) Appropriate erosion and siltation controls shall be used and maintained in effective operating condition during construction and all exposed soil and other fills shall be stabilized at the earliest practicable date.(j) Activities conducted in wetlands shall be avoided if practicable. If not practicable, wetland activities shall be minimized through the use of other alternatives. Heavy equipment working in wetlands must be placed on mats, or other equivalent measures must be taken to minimize soil disturbance.(k) No activities may occur within 1,000 feet of a public water supply intake, except for construction or repair of public water supply intake structures or adjacent bank stabilization.(l) No authorization is granted under the general permit for an activity that is likely to result in the take of or jeopardize the continued existence of a threatened or endangered state or federal species or a species proposed for such designation, or for an activity that is likely to destroy or adversely modify the designated critical habitat of such species.(m) The project shall not significantly disrupt the movement of species or aquatic life indigenous to the water body or those species that normally migrate through the project area. Activities in spawning areas during spawning seasons or in breeding areas for migratory waterfowl must be avoided to the maximum extent practicable.(n) Trees, particularly mast-producing trees such as oaks and hickories, shall be avoided wherever practicable. Source Note: The provisions of this §69.118 adopted to be effective February 4, 1997, 22 TexReg 958; amended to be effective September 19, 2019, 44 TexReg 5060. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 69 RESOURCE PROTECTION H ISSUANCE OF MARL, SAND, AND GRAVEL PERMITS §69.118 Best Management Practices https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196564&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 196564 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196564&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 196564 03/11/2026 The department shall charge a nonrefundable fee of $250 for general permit applications. If the department determines that a general permit is not authorized for an activity, the application fee shall be applied to the application fee for an individual permit. Source Note: The provisions of this §69.119 adopted to be effective February 4, 1997, 22 TexReg 958; amended to be effective September 19, 2019, 44 TexReg 5060. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 69 RESOURCE PROTECTION H ISSUANCE OF MARL, SAND, AND GRAVEL PERMITS §69.119 Fees https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196565&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 196565 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196565&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 196565 03/11/2026 The commission finds that the state will not be deprived of significant revenue and there will be no significant adverse effects on navigation, the coastal sediment budget, riverine hydrology, erosion, or fish and wildlife resources or their habitat, and the following activities are therefore exempt from any permit requirement of the department or payment to the department for sedimentary material removed from the public waters of this state:(1) projects to restore or maintain the storage capacity of existing public water supplies;(2) maintenance projects carried out by public utilities for noncommercial purposes;(3) public road projects of the Texas Department of Transportation; and(4) projects resulting in insignificant takings or disturbances of marl, sand, grave, shell or mudshell as defined in Parks and Wildlife Code, §86.021(b-1). Source Note: The provisions of this §69.120 adopted to be effective February 4, 1997, 22 TexReg 958; amended to be effective April 23, 2001, 26 TexReg 3026; amended to be effective September 19, 2019, 44 TexReg 5060. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 69 RESOURCE PROTECTION H ISSUANCE OF MARL, SAND, AND GRAVEL PERMITS §69.120 Exemptions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184820&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 184820 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184820&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 184820 03/11/2026 (a) The commission, with the approval of the governor, establishes a minimum royalty of $0.20 ton for sedimentary materials. The permittee shall pay the minimum royalty or a percent royalty of 8.0% on the average selling price per ton sold calculated on a monthly basis, whichever is higher.(1) Where the permittee uses a floating dredge and barge or does not have access to a scale, measurement of materials sold may be made in cubic yards and converted into tons according to industry standard prior to payment.(2) Payment for materials dredged solely for personal use may be based on the minimum royalty.(3) Penalties and interest on delinquencies.(A) Penalties. Any royalty not paid when due, or any required affidavit, report, or document not submitted when due, is delinquent and penalties as provided in this paragraph shall be assessed. The penalties prescribed by this paragraph shall be assessed beginning on the 31st day following the due date. Payments remitted before the 31st day are not subject to the provisions of this paragraph.(i) For royalties due after the effective date of this section, the department shall add a penalty of 10% of the delinquent amount or $100, whichever is greater, to any royalty which is more than 30 days delinquent. An additional penalty of 10% of the amount owed shall be assessed for each 30-day period that the royalty payment or portion of the royalty payment is outstanding.(ii) For each report, affidavit, or document that is delinquent or incorrect, a penalty of $100 shall be assessed. An additional penalty of $100 per affidavit, report, or document that is delinquent or incorrect shall be assessed for each 30-day period that each affidavit, report, or document remains delinquent or is not corrected.(B) Interest. Any royalty not paid is delinquent and shall accrue interest as provided in this subparagraph.(i) Interest shall accrue on all delinquent royalties at the rate of 12% per year (simple interest).(ii) Interest shall begin to accrue 31 days after the due date.(b) The commission, with approval of the governor, establishes a price of $1.25 per cubic yard on all grades of shell removed from state-owned submerged tidelands. The price of shell will hereafter be adjusted semiannually, starting October 1, 1981, to reflect any increase or decrease (percent of change) in the Consumer Price Index of retail sales as prepared by the Bureau of Labor Statistics, U.S. Department of Labor (using the National Consumer Price Index, all urban consumers, 1967 equals 100) except that any adjustment for the six-month period starting October 1, 1981, will be based upon the Consumer Price Index statistics compiled for the six months ending June 30, 1981, and each succeeding six-month period will be adjusted in the same manner in order to provide permittees advanced notice of price adjustments, and except that the price of shell per cubic yard will be rounded off to the nearest whole cent and will not be adjusted in any six-month period to less than the base price of $1.25 per cubic yard as established in this section.(c) In addition, 5.0% of all shell dredged from state-owned submerged tidelands will be delivered to points designated by the department in Texas bays and spread at permittee's expense for reef enhancement. Except that when permittee is required to deliver and spread shell at a point greater than 50 statute miles (computed using the nearest water route through public navigational channels) from the dredge site, the director is authorized to adjust the amount of shell permittee is required to deliver and spread to a quantity less than 5.0% in order to offset permittee's increased delivery cost for the distance over 50 miles. Permittee will not be required to pay for the shell used for reef enhancement.(d) The department's actual cost of monitoring the dredging operations from state-owned submerged tidelands, not to exceed $50,000 per year, will be assessed against each permittee in proportion to the quantity (percentage of the total) shell removed by each permittee; provided however the maximum monitoring cost of $50,000 will be adjusted each fiscal year using the Consumer Price Index (CPI-U) for the preceding 12-month period except that in no event will the maximum monitoring cost be adjusted below $50,000. The director is authorized to determine the methods and terms for payment of the monitoring cost. Source Note: The provisions of this §69.121 adopted to be effective February 4, 1997, 22 TexReg 958; amended to be effective April 23, 2001, 26 TexReg 3026; amended to be effective May 9, 2013, 38 TexReg 2768; amended to be effective July 2, 2017, 42 TexReg 3404. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 69 RESOURCE PROTECTION H ISSUANCE OF MARL, SAND, AND GRAVEL PERMITS §69.121 Prices https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86629&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86629 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86629&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86629 03/11/2026 The following provisions shall apply to all shell dredging in state-owned submerged tidelands of this state.(1) The director of the department is expressly authorized to issue shell dredging permits in all the coastal waters of Texas except that at the director's discretion the commission may be requested to consider the issuance of a permit and except that in no event will shell dredging operations be conducted in those areas described as follows.(A) In Galveston and Trinity Bays within 300 feet of the exposed portions of what are known as Dollar's Reef, Todd's Dump Reef, Hanna's Reef, Fisher's Reef, No Name Reef (located south of the Texas City Dyke), and Moody's Reef and further in no event will dredging operations be conducted in Trinity Bay within 2,000 feet of what is known as Vingtune Island.(B) In no event will shell dredging operations be conducted in that portion of San Antonio Bay and tributary water bodies north of North Latitude 28 and 22 minutes except that shell dredging operations may be conducted in state Tracts 74, 101, 102, and 106.(C) Permittee will map and mark the edges of all exposed reefs within 1,500 feet of the proposed dredge operating site prior to the commencement of any dredging within an authorized tract. All mapping and marking will be verified and approved by the department prior to any dredging.(D) Those sections relating to siltation and to minor violations for siltation of exposed reefs are suspended for operations which occur in state Tracts 74, 101, 102, and 106 in San Antonio Bay when no live oysters are present on an exposed reef at any time during the dredging operation. Permittee will remove all silt from an exposed reef or at the department's option will resurface the entire area of the exposed reef with clean, coarse shell to the satisfaction of the department. If live oysters are present on any exposed reef and siltation occurs to the reef as a result of the dredging operation or related dredging activities of permittee, those sections relating to siltation and minor violations will remain in full force and effect. For purposes of this subparagraph, live oysters are considered to be present on an exposed reef within a state tract when three department samples, one bushel or more each, samples produce an average of one or more market oyster (three inches or larger) per bushel, or ten or more seed oysters (3/4 inch to three inches), and spat (below 3/4 inch) combined per bushel sample. The director will designate the period of time when the shell will be furnished to the department. The quantity of shell referred to in this subparagraph is in addition to the shell permittee is required to furnish for reef enhancement by §69.121 of this title (relating to Prices).(E) In any single bay system, no more than one dredge per permittee will be authorized to operate at any time and not more than one dredge will operate at one time regardless of the number of permittees. The director will determine the periods of operation allotted to each permittee and all periods will be distributed equally as nearly as possible.(F) Permittee will be required to use a silt screen around the discharge pipe of the dredge at such times as it is determined by the department agent having responsibility for shell management that this procedure is necessary to diminish the silt load in the water column.(G) Permittee will pay the costs incident to the monitoring of shell dredging operations and for monitoring the biological, physical, and chemical parameters deemed essential by the department to maintain water quality and fisheries production in San Antonio Bay as required by §69.121 of this title (relating to Prices). Monitoring of shell dredging activities and biological, physical, and chemical parameters includes, but is not limited to: surveying of exposed reefs, placement and checks of siltation baskets to determine sediment transport and deposit, sampling of reef surfaces to determine deposition of dredge-suspended sediments, and such other similar activities deemed appropriate by the director. Factors such as dredge distance from reefs, length of operation, direction and depth, extent of plume, turbidity, type and composition of suspended solids, water depth, tidal current and direction, wind direction and velocity, salinity and temperatures may be determined as necessary in evaluating siltation and assuring compliance with department regulations.(2) Shell dredging operators will be required to secure permits from the director of the department to dredge shell and mudshell in areas authorized to be dredged under these sections and under such terms and conditions as may be prescribed from time to time by the director, except that north of north latitude 28 degrees and 22 minutes in San Antonio Bay only state Tracts 74, 101, 102, and 106 may be opened to dredging, but only one of the previously numbered state tracts will be designated for dredging at any one time. Once dredging has been completed within a designated state tract, no further dredging will be authorized in that state tract without written permission of the director.(3) Dredging operations for the removal, taking, and carrying away of shell and mudshell may be conducted except that:(A) Operations may not be conducted within 300 feet of any exposed reef of within 100 feet of an exposed reef in state Tracts 74, 101, 102, and 106 in San Antonio Bay.(B) Operations may not be conducted within 1/2 mile of any shoreline.(C) Operations may not be conducted in marginal water less than four feet in depth.(4) The commission authorizes the director to carry out and enforce these rules as enacted or amended. Source Note: The provisions of this §69.201 adopted to be effective February 4, 1997, 22 TexReg 959; amended to be effective April 23, 2001, 26 TexReg 3027. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 69 RESOURCE PROTECTION I SHELL DREDGING ON THE TEXAS GULF COAST §69.201 Contents https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3618&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3618 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3618&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3618 03/11/2026 Any previous orders or rules dealing with shell dredging are expressly repealed with the exception of §69.121 of this title (relating to Prices) and commission action on August 12, 1974, designating state land tracts for general and special permits. Source Note: The provisions of this §69.202 adopted to be effective February 4, 1997, 22 TexReg 959. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 69 RESOURCE PROTECTION I SHELL DREDGING ON THE TEXAS GULF COAST §69.202 Previous Shell Dredging Orders https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=92152&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 92152 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=92152&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 92152 03/11/2026 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 Parks and Wildlife Commission. (2) Department--The Texas Parks and Wildlife Department. (3) Depth--Water depth at mean low water. (4) Director--The executive director of the department. (5) Dredge spoils--The waste or refuse discarded onto the bottom from the dredge or associated vessels during dredging or the washing and screening of the dredged material. (6) Dredging activities--All marine operations related to recovery of mudshell conducted by or at the request or direction of the permittee, including but not expressly limited to the movement of dredges, the placement of anchors or buoys, actual dredging operations, the stockpiling and holding of dredged shell, the disposal of waste or overburden, the movement of tugboats or any other form of vessel or equipment utilized in connection with the overall dredging operation, the movement of crewboats or any supply and support vessels, or any description or any combination of these acts. The movement of survey and crewboats engaged in the exploration for buried mudshell deposits even when operating outside of the permitted area is not considered a dredging activity under the definition. The movement of vessels and equipment when in an authorized and marked navigation channel, including private channels which are established under the provisions of state and federal authorities for private channels, is not considered a dredging activity. (7) Exposed reef--Any natural or man-made exposed deposit of oyster or other marine shell that constitutes a part of the bay bottom. (8) General permit--The written permission given to an applicant by the department granting him the privilege to dredge buried shell from the waters of designated state land tracts or portions thereof in accordance with the provisions of these rules and regulations. (9) Major violation--Includes, but is not limited to, dredging activities in a state land tract which is not included in the general or special permit; operating without a permit; dredging or operating closer than 300 feet to a known exposed reef of any size or closer than 300 feet to an uncharted exposed reef one acre or more in size, or except within 100 feet of an exposed reef in state Tracts 74, 101, 102, and 106 in San Antonio Bay; dredging or operating within 1/2 mile of shore; dredging or operating in marginal waters less than four feet in depth; failure to respond to a stop activity order given as a result of any violation; failure to map and mark the edges of all exposed reefs within 1,500 feet of any dredging prior to the commencement of any dredging within an authorized tract; dredging an exposed reef 1/2 acre or larger; dredging an exposed reef of less than 1/2 acre without permission from the director; dredging in a tract not designated as open by the director; operating more than one dredge at one time in a single bay system or failure to use a silt screen when required to do so by the department agent. (10) Marginal waters less than four feet deep--All waters of the bay extending out from the shoreline including the shoreline of natural islands to the first contour line where the water has a depth of four feet at mean low water. (11) Minor violation--Siltation of exposed reef in excess of a trace as defined in this section. These siltations may be the direct result of dredging shell or may be caused by related dredging activities as defined in this section, such as towboats handling shell barges or by other dredging activities. (12) One year--Any period of 365 consecutive days. (13) Operations--Any aspects of shell dredging activities engaged by any permittee exclusive of exploration by the use of survey and crew boats for buried mudshell and marking the limits of an exposed reef. (14) Permittee--The person, firm, partnership, association, corporation, or entity who has applied for and has been granted a permit to dredge shell from the state-owned waters by the department, and the term includes the agent, servants, and employees of the permit holder. (15) Siltation--The placement or deposition of sediments on exposed reefs either directly by, or as an incident to, shell dredging activities (including the operation of barges and towboats) as well as indirectly (as when the disturbed sediments are moved or assisted in movement by wind, waves, current or tides). Fresh silt from dredging activities can be differentiated from natural silt by its chemical and/or physical properties. Degree of siltation will be determined by the criteria described in the technical report to the Texas Parks and Wildlife Department, November 1967, Shell Dredging, A Factor in Sedimentation in Galveston Bay, published by the University of Texas. (A) A scale of zero to five as shown below will be assigned for different silt readings obtained from silt baskets and tong samples of oyster shell from the reef surface. Attached Graphic(B) A "trace of silt" is indicated when the bottoms of the cups of dead oyster shell are found to contain a thin layer of fine gray sediment which is discernible to the eye. (C) A "coating of silt" is determined when shell cups of dead oyster shell are full of fine gray silt. (16) Special permit--The written permission given to an applicant by the department granting him the privilege of dredging areas not authorized under a general permit and subject to the conditions specified in the special permit. (17) Violation by accident or act of God--With the sole exception of the actual operation of the dredge, shall not be a violation by the permittee if a barge or vessel encounters an exposed reef. Source Note: The provisions of this §69.203 adopted to be effective February 4, 1997, 22 TexReg 959; amended to be effective April 23, 2001, 26 TexReg 3027. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 69 RESOURCE PROTECTION I SHELL DREDGING ON THE TEXAS GULF COAST §69.203 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=28533&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 28533 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=28533&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 28533 03/11/2026 (a) The following procedures will be followed for the issuance of general permits.(1) All requests for shell dredging permits will be made in writing to the director.(2) The applicant must give notice by publication simultaneously with its application for three consecutive days in the daily newspaper of greatest circulation in each county or counties to be affected by the issuance of the permit. The publication will set forth in full the application and be subscribed by the person making the application and shall contain any trade or corporate name used by the person.(3) Upon receipt of an application setting forth the proposed location, quantity and kind of material present, quantities and kinds of materials to be removed, exposed reefs within the area, equipment to be used, detailed plans for removal of material, period of time, and such other information as may be required, and an affidavit that paragraph (2) of this subsection has been complied with, the director will set a time and place for hearing to consider whether a permit will be granted and shall release that information to the press and mail that information to any person who has requested the information in writing and will notify the applicant.(4) The director, or any employee of the department authorized by the director, may hold any hearing pursuant to these rules in the office of the department in Austin, Texas, or at such place as the director may designate.(5) At the hearing, the hearing officer shall preside and hear any relevant evidence offered by the applicant or any other interested person. The applicant shall first show that paragraph (2) of this subsection has been complied with. Any person may appear in person or by counsel. Evidence or testimony may be presented orally or in writing by affidavit or deposition. Such written evidence should be filed in the office of the department prior to the hearing date.(6) The director may consider the following criteria in determining whether to grant or deny a permit:(A) the past performance of the applicant with respect to obedience and strict observance of the terms of past permits;(B) whether the applicant shows evidence of financial responsibility;(C) the ability of the applicant to operate, including facilities for operation;(D) the existence of shell deposits in the area of the application;(E) whether the granting of the permit would have a material adverse effect on recreational activity in the general area affected by the permit;(F) whether the granting of the permit would have a material adverse effect on shrimping, oystering, fishing, or any part of the seafood industry in the general area affected by the permit;(G) the effect, if any, on navigation in the general area affected by the permit.(7) The director will consider the following criteria in determining whether to grant or deny a permit:(A) whether operation under the proposed permit would damage or injuriously affect any oysters, oyster beds, or fish-inhabited waters thereof or adjacent thereto;(B) whether such operation would damage or injuriously affect any island, reef, bar, channel, river, creek, or bayou used for frequent or occasional navigation or change or otherwise injuriously affect any current that would affect navigation;(C) the requirements of industry for such shell materials and the relative value thereof to the State of Texas for commercial use.(8) Within a reasonable time after the conclusion of the hearing, the director will make findings of fact and determine whether the permit is granted or denied.(9) In addition, the director may make such reasonable requirements of the permittee as deemed necessary to effectuate Chapter 86 of the Parks and Wildlife Code. The director will require that the permittee make a good and sufficient bond payable to the department and conditioned upon the prompt payment of charges for shell removed and any damage done to property under the ownership of the state.(10) The director will require the permittee to make a sworn report not later than the tenth day of each month on all materials removed from the public waters during the preceding month at the approved location or locations and to maintain permanent records of all such materials removed, stockpiled or sold and that such records be made available to representatives of the department at any time. (A report each month will be required whether any materials are removed or not.)(11) The director will require the permittee to remit to the department the established price on shell removed during the month for which each report is made. (Prices are subject to change by the commission with the approval of the governor.)(12) The director will require that the permittee not interfere with any state or federal improvements, navigation, fish life, or riparian rights of landowners in or along any navigable stream or public body of water.(13) No special privilege or exclusive right will be granted to any person; however, if it is determined that the use of excessive equipment is causing siltation or other damage to oysters, oyster beds, or fish-inhabited waters thereof, or adjacent thereto, the director may limit the quantity and/or type of equipment used by permittee in any particular area.(14) No permit will be assignable.(15) Prior to issuing a permit under this section for shell dredging within the Coastal Management Program boundary as defined in §503.1 of this title (relating to Coastal Management Program Boundary) the department shall comply with the requirements of §69.91 and §69.93 of this title (relating to Consistency; Thresholds for Referral) and §505.30 of this title (relating to Agency Consistency Determination). Grant or denial of an application for a permit under this section is not a final agency action appealable for purposes of judicial review under the Texas Administrative Procedure Act, Texas Government Code, Title 10, Subtitle A, §2001.171, until the jurisdiction of the Coastal Coordination Council to review that action has lapsed.(b) In addition to the requirements specified under subsection (a) of this section, the following will be required for the issuance of special permits.(1) Exposed reef may not be dredged without written permission of the department.(2) When the exposed reef area is less than 1/2 acre in size, the director may give permission in writing to the permittee to dredge the exposed reef provided the permittee agrees in writing to construct an artificial replacement reef at its sole expense at least one acre in area at a location designated by the department.(3) The artificial replacement reef required by paragraph (2) of this subsection will be at least one foot thick. The location designated by the director will be of sufficient water depth to allow permittee to deliver and spread the replacement shell. The director will designate the period of time when the shell will be furnished to the department. Permittee will not be required to pay for the shell used for construction of an artificial replacement reef. The quantity of shell referred to in this paragraph is in addition to the shell permittee is required to furnish for reef enhancement by §69.121 of this title (relating to Prices).(4) An exposed reef which has been covered with silt as a result of dredging activities or operations will continue to be considered an exposed reef. The director, and only the director, after having received ample justification from the shell management biologist in charge of dredging activities, that a reef, previously covered by silt and remaining covered, is beyond recovery and damages have been mitigated, may determine that the reef in question no longer qualifies to fit the definition of an exposed reef. Source Note: The provisions of this §69.204 adopted to be effective February 4, 1997, 22 TexReg 959. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 69 RESOURCE PROTECTION I SHELL DREDGING ON THE TEXAS GULF COAST §69.204 Permit Applications https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19063&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19063 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19063&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19063 03/11/2026 (a) All permittees are henceforth required to have on each operating dredge a person vested with authority and the responsibility to immediately stop all dredging and move the dredge or other offending equipment to another proper location upon direction of the director or designated department agent having responsibility for shell management or dredging supervision.(b) Any reef areas that are seriously silted by dredging activities must be replaced by the responsible permittee at its sole expense with a shell pad at least one foot thick and equal in surface area to the silted area placed at a location selected by the director. Shell that is illegally dredged must be returned to coastal waters in a volume at least equal to that illegally taken at a site and in a manner selected by the director. When siltation or illegal dredging operation also results in measurable oyster mortality, monetary mitigation for the loss of the oysters will be paid by the permittee as a condition prior to further dredging activities under the permit.(c) When dredging operations in a particular state tract repeatedly result in silt problems or a history of recurring violations is established, the director may delete the tract from all shell dredging permits, giving ten days advance written notice to all permittees.(d) Dredge discharge will be directed over the dredge cut. Any mounds created as a result of dredge discharge will be leveled by the permittee prior to leaving the dredge cut.(e) Permittee will have its dredge or dredges equipped and operated to save all shell of 3/8-inch size, and provided that the director or its designated agent may permit the use of 1/2-inch minimum size screen when the shell is found to be so placed as to preclude the use of 3/8-inch screen.(f) The director is authorized to add or delete any state tract from any permit or may reasonably impose conditions in connection with dredging operations in any particular state tract including limiting dredging activities to only a part of a tract, requiring the permittee to stake off, flag, or otherwise mark the edge of prohibited exposed reef, or imposing restriction on the manner and means of conducting dredging activities in order to effectuate the intent of Chapter 86 of the Parks and Wildlife Code. Source Note: The provisions of this §69.205 adopted to be effective February 4, 1997, 22 TexReg 959. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 69 RESOURCE PROTECTION I SHELL DREDGING ON THE TEXAS GULF COAST §69.205 Department Requirements https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19056&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19056 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19056&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19056 03/11/2026 Failure of a permittee to comply with the rules, orders, or permits of the department will be a violation and subject permittee to the administrative actions or penalties stated in §69.207 of this title (relating to Administrative Action and Penalties). Source Note: The provisions of this §69.206 adopted to be effective February 4, 1997, 22 TexReg 959. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 69 RESOURCE PROTECTION I SHELL DREDGING ON THE TEXAS GULF COAST §69.206 Violations https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19065&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19065 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19065&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19065 03/11/2026 (a) The civil statutes relating to shell dredging authorize the revocation of the permit when the provisions of the permit are not followed. In addition to the maximum penalty of revoking the permit, the director will seek the following administrative action and penalties when a violation occurs or when siltation of a reef is probable.(b) Major violations, except as otherwise provided in subsection (c) of this section are as follows:(1) First violation will result in a one-day suspension of permit.(2) Second violation will result in a five-day suspension of permit.(3) Third violation will result in a ten-day suspension of permit.(4) Four major violations within a one-year period will result in a suspension of the permit for 90 days.(c) Minor violations are as follows:(1) Siltation of exposed reef which is in excess of a trace, as defined, is a minor violation. When traces of silt, as defined in §69.203 of this title (relating to Definitions), are found on exposed reef, the responsible permittee or permittees, or employee or employees in charge will be notified and requested to either relocate or modify the operation. If the permittee(s) chooses to modify operations and the silt problem continues, the person in charge on board the dredge will again be contacted and directed to shut down immediately and move from the area. Failure to comply with this second request will result in a 30-day suspension of the permit. If siltation greater than a trace, as herein defined, has been or is occurring on exposed reef when first discovered by the department representative, the responsible permittee will be directed to shut down immediately and relocate a minor violation will have been committed. Failure to comply at once will result in a 30-day suspension.(2) Three minor violations within one year are equivalent to one major violation in determining when a permit suspension is in order.(d) All other violations are as follows:(1) The director or director's agent at the scene of the dredging activity has full authority to order an immediate halt to dredging, and to further order, if deemed necessary, that the dredge be moved to another permitted location, at any time when the department representative finds a major or minor violation is taking place, or that there is a reasonable and probable danger of siltation of an exposed reef. Refusal to cease dredging or refusal to move the dredge to a new location, immediately upon the instruction of the department representative in charge, will be a separate major violation of itself equal in seriousness to a third major violation as set forth in subsection (a) of this section and will result in the imposition of a suspension of the permit for 30 days, or, in aggravated cases, at the discretion of the director, in revocation of the permit.(2) In the event a permittee operates more than one dredge, the director may initiate proceedings to revoke or suspend the permit insofar as it applies to the particular offending dredge. However, the director reserves the right to make the suspension or revocation effective as to all dredges of the permittee.(3) At the time an alleged major or minor violation is discovered by the department representative, that representative will give a written notice of the alleged violation to the person in charge of the dredge or other activity resulting in the alleged violation. Source Note: The provisions of this §69.207 adopted to be effective February 4, 1997, 22 TexReg 959. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 69 RESOURCE PROTECTION I SHELL DREDGING ON THE TEXAS GULF COAST §69.207 Administrative Action and Penalties https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=31139&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 31139 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=31139&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 31139 03/11/2026 No permit will be granted for a period longer than two years. It is the responsibility of the permittee to file for renewal at least 60 days prior to the termination date of the permit. Each permittee will be required to demonstrate compliance with all provisions of these rules prior to the renewal of a permit. No permit will be renewed unless the permittee has engaged in shall dredging operations in this state during the preceding two-year permit period. Source Note: The provisions of this §69.208 adopted to be effective February 4, 1997, 22 TexReg 959. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 69 RESOURCE PROTECTION I SHELL DREDGING ON THE TEXAS GULF COAST §69.208 Renewal of Permits https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3619&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3619 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3619&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3619 03/11/2026 These rules shall become a part of each shell permit issued by the department and of any renewal thereof. Source Note: The provisions of this §69.209 adopted to be effective February 4, 1997, 22 TexReg 959. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 69 RESOURCE PROTECTION I SHELL DREDGING ON THE TEXAS GULF COAST §69.209 Existing Permits https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184821&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 184821 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184821&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 184821 03/11/2026 The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) Educational purposes--Activities conducted for the purposes of encouraging management and conservation of protected wildlife or furthering awareness and understanding among the general public of the biology of protected wildlife.(2) Protected wildlife--As defined by Parks and Wildlife Code, §43.021, and includes any parts of protected wildlife held under a permit issued under this subchapter.(3) Raptor--A bird of the order Falconiformes, Accipitriformes, Cathartiformes, or Strigiformes.(4) Scientific purposes--Activities conducted for the purposes of enhancing, protecting, conserving or managing protected wildlife, or furthering scientific understanding of a resource or the environment.(5) Subpermittee--A person named on a permit who is authorized to conduct the activities of a permit as provided in §69.302 of this title (relating to General Rules).(6) Supervision--A permittee's direction and control of the activities of persons working under a permit, including legal responsibility for those activities.(7) Zoological purposes--Activities conducted for the purposes of furthering scientific understanding of protected wildlife, encouraging management and conservation of protected wildlife, or furthering awareness and understanding of the biology of protected wildlife. Source Note: The provisions of this §69.301 adopted to be effective August 26, 1997, 22 TexReg 7901; amended to be effective April 4, 2005, 30 TexReg 1953; amended to be effective July 2, 2017, 42 TexReg 3404. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 69 RESOURCE PROTECTION J SCIENTIFIC, EDUCATIONAL, AND ZOOLOGICAL PERMITS §69.301 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19067&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19067 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19067&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19067 03/11/2026 (a) No permit is required for an activity governed by this subchapter involving nongame species for which there are no provisions by rule or statute that would otherwise restrict take or possession.(b) Permits issued under this subchapter shall be issued to named individuals only, and shall not be held in the name of an agency, firm, or institution.(c) The propagation of protected wildlife for educational display shall not be authorized and no permit for such activity may be issued.(d) No person may employ or use any devices, means, methods, activities, locations, or personnel other than those authorized by a permit unless that person has received prior written authorization from the department in the form of a permit amendment. A permittee or subpermittee must possess on their person any such authorizations in addition to a copy of the original permit while conducting any activity governed by this subchapter.(e) Except as otherwise provided for in this section, activities authorized by a permit issued under this subchapter shall be conducted only by the permittee(s) or subpermittee(s) named on the permit or permit amendment. Unpermitted assistants may perform activities authorized by a permit only when under the direct on-site supervision of the permittee. A permittee engaging unpermitted assistants shall maintain on file and possess on their person in the field a signed and dated list of all unpermitted persons assisting in permitted activities.(f) Any subpermittee who desires to make unsupervised collections shall carry the written permission of the permittee on their person while conducting any activities authorized by a permit.(g) A permit issued under this subchapter shall not authorize the sale of protected wildlife.(h) Permits issued under this subchapter are valid for three years from the date of issuance, provided the permittee abides by the provisions of this subchapter.(i) The provisions of this subchapter do not apply to mountain lions after September 1, 1997. Source Note: The provisions of this §69.302 adopted to be effective August 26, 1997, 22 TexReg 7901. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 69 RESOURCE PROTECTION J SCIENTIFIC, EDUCATIONAL, AND ZOOLOGICAL PERMITS §69.302 General Rules https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211067&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 211067 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211067&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 211067 03/11/2026 No permits for activities governed under this subchapter may be issued to any person unless the person has met the requirements of this section. An applicant for a permit under this subchapter shall submit to the department:(1) a completed application on a form supplied by the department;(2) a letter of recommendation from each of two persons in an appropriate biological or professional field attesting to the applicant's qualifications, abilities, and experience;(3) a letter of approval, if the research involves live protected wildlife, from a university animal use committee or similar oversight entity. In the event that the applicant is an independent researcher, the applicant shall enter into a Memorandum of Understanding with the department concerning the use of live protected wildlife; and(4) a written justification explaining how the species of protected wildlife will benefit from the activity. The department may at its discretion choose to deny permit issuance when it disagrees with the justification. Source Note: The provisions of this §69.303 adopted to be effective August 26, 1997, 22 TexReg 7901; amended to be effective April 23, 2001, 26 TexReg 3028; amended to be effective April 4, 2005, 30 TexReg 1953; amended to be effective September 19, 2019, 44 TexReg 5402; amended to be effective December 4, 2022, 47 TexReg 7911. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 69 RESOURCE PROTECTION J SCIENTIFIC, EDUCATIONAL, AND ZOOLOGICAL PERMITS §69.303 Application for Permit and Permit Issuance https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224497&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 224497 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224497&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 224497 03/11/2026 (a) Zoological collection permits shall be issued only to agents of entities that are either:(1) accredited by the Association of Zoos and Aquariums (AZA); or(2) in compliance with the facility standards set forth in §69.305 of this title (relating to Facility Standards) and whose letters of recommendation required by §69.303 of this title (relating to Application) are from current zoological collection permit holders or persons representing entities accredited by the AZA; and(A) seek authorization to possess more than five specimens; or(B) whose collection would consist solely of birds and animals that are incapable of fending for themselves in the wild.(b) Scientific research permits shall not be issued to persons the department determines are inadequately trained or too inexperienced to accomplish the objectives of the proposed research.(c) Educational display permits shall be issued only to:(1) employees, representatives, or agents of accredited primary, secondary, or post-secondary educational institutions;(2) governmental entities; or(3) nonprofit educational organizations.(d) Any person transporting into this state any bird or animal for a purpose governed under this subchapter must meet the qualifications established in subsection (c) of this section and must possess a department-issued letter of authorization listing the specific birds and animals that the person is authorized to possess and the time period for which such possession is authorized. No letter of authorization issued under this subsection shall authorize the possession of protected wildlife for longer than 90 days in this state. A separate letter of authorization is required for each instance that any protected wildlife is transported into this state. Source Note: The provisions of this §69.304 adopted to be effective August 26, 1997, 22 TexReg 7901; amended to be effective March 24, 2025, 50 TexReg 2079. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 69 RESOURCE PROTECTION J SCIENTIFIC, EDUCATIONAL, AND ZOOLOGICAL PERMITS §69.304 Qualifications https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224498&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 224498 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224498&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 224498 03/11/2026 (a) All live birds or animals possessed under an educational display permit, or under a zoological collection permit in a facility that is not accredited by the AZA shall be kept in enclosures meeting or exceeding the standards set forth in this section.(b) The minimum cage sizes for mammals and reptiles shall be as follows. An enclosure for mammals shall add 30% of the minimum cage requirement for each additional mammal contained in the enclosure. For each:(1) pronghorn antelope--2,500 square feet x 8 feet in height;(2) deer--1,800 square feet x 8 feet in height;(3) desert bighorn sheep--500 square feet x 8 feet in height;(4) black bear--400 square feet x 12 feet in height;(5) jaguar--200 square feet x 8 feet in height;(6) fox--180 square feet x 5 feet in height;(7) wolf--150 square feet x 8 feet in height;(8) javelina--120 square feet x 5 feet in height;(9) other felines--100 square feet x 8 feet in height;(10) fur-bearing animals as defined by Parks and Wildlife Code, Chapter 71 (except fox)--72 square feet x 5 feet in height; and(11) all other mammals--24 square feet.(c) The minimum cage sizes for alligators shall be as follows. For each alligator:(1) the length and width of the cage shall be at least as long as the length of the largest alligator in the cage; and(2) for each additional alligator, an additional three square feet of enclosure space per foot of body length; and(3) there shall be access to pooled water sufficient to provide full immersion and dry land sufficient to permit complete exit from the water.(d) The minimum cage sizes for birds shall be as follows:(1) raptors (excluding eagles, screech owls, and kestrels)--10 feet x 10 feet x 12 feet;(2) eagles--20 feet x 40 feet x 12 feet; and(3) all other birds, including screech owls and kestrels--6 feet x 6 feet x 12 feet.(e) Enclosures must be constructed in such a manner that prevents escape. Enclosures housing birds must be lined with nylon or plastic netting.(f) A facility shall ensure that:(1) each enclosure is supplied with clean water at all times, except as medical circumstance dictates otherwise;(2) authorized personnel observe and provide care for birds and animals daily, except as specifically authorized by permit; and(3) all medical treatment of animals is performed in consultation with a licensed veterinarian.(g) The department at its discretion may inspect any facility at reasonable times to assess compliance with the provisions of this subchapter. Source Note: The provisions of this §69.305 adopted to be effective August 26, 1997, 22 TexReg 7901; amended to be effective April 23, 2001, 26 TexReg 3028; amended to be effective March 24, 2025, 50 TexReg 2079. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 69 RESOURCE PROTECTION J SCIENTIFIC, EDUCATIONAL, AND ZOOLOGICAL PERMITS §69.305 Facility Standards https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19069&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19069 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19069&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19069 03/11/2026 (a) Specimens collected or held under a permit issued pursuant to this subchapter may not be retained for personal use by the permittee, but may be donated or transferred only as described in §69.307 of this title (relating to Final Disposition of Specimen).(b) Collections shall not be made on private property or property owned or administered by a governmental entity without prior written consent of the owner, lessee, operator, or administrator, which written permission shall be in physical possession during all collection activities. Source Note: The provisions of this §69.306 adopted to be effective August 26, 1997, 22 TexReg 7901. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 69 RESOURCE PROTECTION J SCIENTIFIC, EDUCATIONAL, AND ZOOLOGICAL PERMITS §69.306 Restrictions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=31140&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 31140 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=31140&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 31140 03/11/2026 (a) All wildlife held under this subchapter shall be disposed of by one or more of the following methods:(1) examination, experimentation, necropsy, or disposing of as waste in accordance with state, county, or city regulations relating to the disposal of waste materials;(2) retaining specimens for scientific, zoological or educational purposes;(3) release to the wild as specifically authorized in the conditions of a permit;(4) edible portions of game species shall only be disposed of by donation to charitable organizations, public hospitals, orphanages, or indigent persons, and such donations shall be accompanied by donation-receipt forms supplied by the department;(5) transfer or donation to other persons authorized to receive such specimens under a permit issued pursuant to this subchapter; or(6) special disposition as prescribed in writing by the department.(b) Deceased specimens and parts of specimens may be donated by a permittee to accredited educational institutions or museums, provided the permittee furnishes the institution with a copy of the permit under which each specimen was taken or possessed. Source Note: The provisions of this §69.307 adopted to be effective August 26, 1997, 22 TexReg 7901. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 69 RESOURCE PROTECTION J SCIENTIFIC, EDUCATIONAL, AND ZOOLOGICAL PERMITS §69.307 Final Disposition of Specimens https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19071&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19071 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19071&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19071 03/11/2026 Within 14 days of each anniversary of the date of issuance of a valid permit under this subchapter, and within 14 days of the expiration of a permit issued under this subchapter, a permittee shall file with the department an annual report containing the following information:(1) the numbers and species of protected wildlife collected, held, possessed, propagated, released, displayed, donated, loaned, transferred, or transported during the permit period;(2) the locations where permitted activities were conducted; and(3) any other information the department may require. Source Note: The provisions of this §69.308 adopted to be effective August 26, 1997, 22 TexReg 7901. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 69 RESOURCE PROTECTION J SCIENTIFIC, EDUCATIONAL, AND ZOOLOGICAL PERMITS §69.308 Reports https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=28534&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 28534 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=28534&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 28534 03/11/2026 (a) A permit holder shall maintain an accurate daily record of all activities, as described in §69.308 of this title (relating to Reports).(b) A permit holder's daily records shall be available for inspection by authorized employees of the department at reasonable times. Source Note: The provisions of this §69.309 adopted to be effective August 26, 1997, 22 TexReg 7901. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 69 RESOURCE PROTECTION J SCIENTIFIC, EDUCATIONAL, AND ZOOLOGICAL PERMITS §69.309 Inspections https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146929&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 146929 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146929&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 146929 03/11/2026 (a) The application fees established in §53.15 of this title (relating to Miscellaneous Fisheries and Wildlife Licenses and Permits) for zoological collection permits, scientific research permits, and educational display permits) are nonrefundable.(b) No fee shall be required for:(1) applications on behalf of a primary or secondary educational institution;(2) applications on behalf of a governmental entity required by law to conduct activities governed by this subchapter. Source Note: The provisions of this §69.310 adopted to be effective August 26, 1997, 22 TexReg 7901; amended to be effective August 4, 2010, 35 TexReg 6677. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 69 RESOURCE PROTECTION J SCIENTIFIC, EDUCATIONAL, AND ZOOLOGICAL PERMITS §69.310 Fees https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3620&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3620 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3620&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3620 03/11/2026 Unless specifically exempted by another provision of this code, it is an offense for any person to violate a provision of this subchapter. Penalties for a violation of this subchapter are as provided by Parks and Wildlife Code, §43.030. Source Note: The provisions of this §69.311 adopted to be effective August 26, 1997, 22 TexReg 7901. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 69 RESOURCE PROTECTION J SCIENTIFIC, EDUCATIONAL, AND ZOOLOGICAL PERMITS §69.311 Violations and Penalties https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19073&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19073 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19073&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19073 03/11/2026 Where the provisions of Chapter 65, Subchapter G of this title (relating to Threatened and Endangered Nongame Species) conflict with this subchapter, this subchapter prevails. Source Note: The provisions of this §69.401 adopted to be effective August 26, 1997, 22 TexReg 7903. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 69 RESOURCE PROTECTION K SALE OF NONGAME SPECIES §69.401 Applicability https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19074&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19074 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19074&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19074 03/11/2026 For the purposes of this subchapter, the following words and terms shall have the following meanings, except in cases where the context clearly indicates otherwise: Coatimundi--Any coatimundi of the species Nasua narica. Source Note: The provisions of this §69.402 adopted to be effective August 26, 1997, 22 TexReg 7903. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 69 RESOURCE PROTECTION K SALE OF NONGAME SPECIES §69.402 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19075&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19075 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19075&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19075 03/11/2026 (a) Any person who possesses a coatimundi and distributes, sells, or offers for sale such coatimundi must possess a Protected Nongame Sales Permit.(b) Any person may possess a captive-bred coatimundi in this state, provided that person also possesses proof that the coatimundi was acquired from a lawful source.(c) No person may take or possess a coatimundi from the wild in this state, except as provided for elsewhere in this title. Source Note: The provisions of this §69.403 adopted to be effective August 26, 1997, 22 TexReg 7903. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 69 RESOURCE PROTECTION K SALE OF NONGAME SPECIES §69.403 Permit Required https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146930&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 146930 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146930&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 146930 03/11/2026 (a) A person may apply for a sales permit by submitting a completed department-supplied application form and the permit fee specified in §53.15 of this title (relating to Miscellaneous Fisheries and Wildlife License and Permits).(b) The department may issue a permit under this subchapter if:(1) the applicant has complied with subsection (a) of this section; and(2) the applicant has not violated the laws of the United States, this state, or another state with respect to the acquisition of coatimundi.(c) A permit is valid from September 1 to August 31 of the following year.(d) If an applicant possesses coatimundi under a valid permit issued prior to the effective date of this subchapter under the authority of Parks and Wildlife Code, Chapter 68, the department shall, for the purposes of determining fees and expiration dates, treat the new permit as an extension of the Chapter 68 permit.(e) A permittee shall maintain on file and available for examination by authorized department employees:(1) documentation proving that all coatimundi possessed under a permit issued under this subchapter were captive-bred; and(2) documentation listing:(A) the dates that any coatimundi were purchased, sold, or distributed;(B) the numbers of any coatimundi that were purchased, sold, or distributed; and(C) the name, address, and telephone number of any person receiving from or supplying coatimundi to the permittee. Source Note: The provisions of this §69.404 adopted to be effective August 26, 1997, 22 TexReg 7903; amended to be effective August 4, 2010, 35 TexReg 6677. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 69 RESOURCE PROTECTION K SALE OF NONGAME SPECIES §69.404 Permit Application, Issuance, and Fees https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184822&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 184822 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184822&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 184822 03/11/2026 (a) A person possessing a permit issued under this subchapter may renew that permit by submitting a completed permit renewal form to the department, accompanied by a permit renewal fee specified in §53.15 of this title (relating to Miscellaneous Fisheries and Wildlife Licenses and Permits. A permit renewal shall be valid for one year.(b) The department may refuse to renew any permit upon:(1) a determination that management of the species is adversely affected by such permit issuance; or(2) a violation of any provision of this subchapter. Source Note: The provisions of this §69.405 adopted to be effective August 26, 1997, 22 TexReg 7903; amended to be effective July 2, 2017, 42 TexReg 3404. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 69 RESOURCE PROTECTION K SALE OF NONGAME SPECIES §69.405 Permit Renewal https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=28535&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 28535 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=28535&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 28535 03/11/2026 A person holding a permit under this subchapter shall submit an annual report by August 15 of each year. The report shall be on a form supplied by the department and shall be fully completed. Source Note: The provisions of this §69.406 adopted to be effective August 26, 1997, 22 TexReg 7903. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 69 RESOURCE PROTECTION K SALE OF NONGAME SPECIES §69.406 Reports https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=31142&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 31142 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=31142&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 31142 03/11/2026 A person who ceases to hold a permit under this chapter shall, by the expiration or cancellation of the permit, dispose of all coatimundi according to the provisions specified in the permit. Source Note: The provisions of this §69.407 adopted to be effective August 26, 1997, 22 TexReg 7903. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 69 RESOURCE PROTECTION K SALE OF NONGAME SPECIES §69.407 Disposition of Stock https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19078&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19078 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19078&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19078 03/11/2026 Unless specifically exempted by another provision of this code, it is an offense for any person to violate a provision of this subchapter. Penalties for a violation of this subchapter are as provided by Parks and Wildlife Code, §67.005. Source Note: The provisions of this §69.408 adopted to be effective August 26, 1997, 22 TexReg 7903. 2 TEXAS PARKS AND WILDLIFE DEPARTMENT 69 RESOURCE PROTECTION K SALE OF NONGAME SPECIES §69.408 Violations and Penalties https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226799&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 226799 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226799&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 226799 03/11/2026 (a) The secretary of the School Land Board (SLB) shall keep as records at the General Land Office, the minutes and the agenda of each meeting.(b) The secretary of the SLB shall prepare the agenda for the meeting and file and post notice of the meeting in compliance with the Open Meetings Act. Notice of the board meeting will include:(1) the time, date, and location of the meeting; and(2) those items to be considered by the SLB at the meeting.(c) The SLB's policy is to encourage and ensure public participation in all matters it considers in accordance with the Open Meetings Act. Members of the public may address the SLB on matters within the authority of the SLB at the physical location where the meeting is held during the public comment period of the meeting. Members of the public must identify themselves for the record as part of their public comments.(d) The SLB shall adopt, amend, and repeal rules in accordance with applicable law. Any interested person may petition the SLB in writing to request adoption of a rule. Source Note: The provisions of this §151.1 adopted to be effective October 7, 1998, 23 TexReg 10039; amended to be effective November 17, 2025, 50 TexReg 7426. 4 SCHOOL LAND BOARD 151 OPERATIONS OF THE SCHOOL LAND BOARD §151.1 School Land Board Meeting Administration https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19086&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19086 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19086&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19086 03/11/2026 (a) Written requests that designated tracts of state land be offered for lease of oil, gas, and other minerals may be submitted to the commissioner of the General Land Office (GLO) at any time.(b) When the School Land Board (SLB) schedules a lease sale, it shall also set a final date for submitting nominations for that sale. This date shall be included in the notice of the sale. A list of tracts offered for lease at a particular lease sale may be obtained from the GLO. The GLO reserves the right to assess a fee for this service. For more information please contact the Minerals Leasing Division of the GLO.(c) A $100 fee made payable to the GLO shall be submitted for each tract nominated. Nomination fees are nonrefundable. However, a refund of a nomination fee may be granted at the commissioner's discretion, if the commissioner determines that it is in the best interest of the state.(d) After a bid has been received by the GLO it may not be revoked or withdrawn by the bidder. All bids must include a separate check in an amount equal to one and one-half percent of the bid payable to the commissioner as a special fee. Checks submitted by unsuccessful bidders shall be returned to the bidders. Failure to pay the special fee does not render a bid void, but the commissioner shall demand payment of the fee before issuing a lease to the successful bidder. If the successful bidder fails or refuses to make the payment within 30 days after demand by the commissioner, the bidder is not entitled to a sale of or lease on the tract covered by that bid and the cash bonus shall be automatically forfeited to be deposited by the commissioner in the state treasury to the credit of the appropriate special mineral fund for the agency involved. The SLB, at its option, may offer the tract for sale or lease to the next best bidder under the same terms as submitted by and as would have been granted to the best bidder.(e) Interested state and federal agencies will be requested to submit recommendations on tracts nominated in submerged areas so that a prospective bidder is informed in advance as to any drilling or development restrictions which might be expected.(f) All bonuses and special fees required by Texas Natural Resources Code §32.110 shall be returned to the makers of unsuccessful bids. Executed leases will be delivered to the successful bidders.(g) Nominators of tracts shall pay all required advertising costs associated with lease sales other than those sales regularly scheduled for April and October of each year. Nominators of tracts in such a sale shall be billed by the GLO for their portion of those costs. Source Note: The provisions of this §151.2 adopted to be effective October 7, 1998, 23 TexReg 10039. 4 SCHOOL LAND BOARD 151 OPERATIONS OF THE SCHOOL LAND BOARD §151.2 Energy Lease Sales https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19080&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19080 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19080&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19080 03/11/2026 Except as otherwise provided in §16.1(c) of this title (relating to Definitions and Scope), an action listed in §16.1(b) of this title taken or authorized by the General Land Office or School Land Board pursuant to this chapter that may adversely affect a coastal natural resource area, as defined in §16.1 of this title is subject to and must be consistent with the goals and policies identified in Chapter 16 of this title (relating to Coastal Protection) in addition to any goals, policies, and procedures applicable under this chapter. If the provisions of this chapter conflict with and cannot be harmonized with certain provisions of Chapter 16, such conflicting provisions of Chapter 16 will control. Source Note: The provisions of this §151.4 adopted to be effective October 7, 1998, 23 TexReg 10039. 4 SCHOOL LAND BOARD 151 OPERATIONS OF THE SCHOOL LAND BOARD §151.4 Consistency with Coastal Management Program https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=124342&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 124342 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=124342&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 124342 03/11/2026 Upon request by the commissioner of the General Land Office (GLO), the School Land Board (SLB) will review proposed leases of permanent school fund lands that include authorization for the exploration and/or commercial development of underground water resources. Such review shall consider issues related to the project's consistency with the goals and policies of the SLB, including but not limited to:(1) how the proposed project will take into account the public good, water conservation efforts, and economic growth;(2) whether the project will adhere to applicable local, state, and federal laws as well as any applicable rules of groundwater conservation district(s) in which the lands may be located;(3) whether the rate of return on the project to the permanent school fund is consistent with the goals and strategies of the SLB; and(4) whether any water produced from the lands can be treated and transported in an economical manner. Source Note: The provisions of this §151.5 adopted to be effective April 23, 2006, 31 TexReg 3266. 4 SCHOOL LAND BOARD 151 OPERATIONS OF THE SCHOOL LAND BOARD §151.5 Exploration and Development of Groundwater Resources on State Lands https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220282&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 220282 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220282&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 220282 03/11/2026 Procedures for the Release of Funds from the Real Estate Special Fund Account.(1) These rules shall establish the procedures to be used by the School Land Board (SLB) to determine the dates that releases will be made and the amounts of money that will be released on those dates from the Real Estate Special Fund Account (RESFA) to either the Available School Fund (ASF) or the Texas Permanent School Fund Corporation (TXPSF) for investment in the Permanent School Fund (PSF), as required by Section 51.413(b) of the Texas Natural Resources Code.(2) Not later than September 1 of each even-numbered year, the Chief Financial Officer (CFO) of the General Land Office will provide to the SLB at a regularly scheduled SLB meeting the amount of funds available in the RESFA for release, effective September 1. At such regularly scheduled meeting, the SLB will adopt a resolution detailing the actual amounts, if any, to be released from the RESFA to either the ASF or the TXPSF for investment in the PSF in each of the individual years of the next-approaching fiscal biennium and the actual dates of the releases.(3) Not later than September 1 of each even-numbered year, the SLB, in consultation with the CFO, will submit a report to the Legislature, Comptroller, TXPSF, and Legislative Budget Board that states the dates and amounts approved by the SLB for release from the RESFA to either the ASF or TXPSF for investment in the PSF during the next-approaching fiscal biennium. Source Note: The provisions of this §151.6 adopted to be effective June 15, 2016, 41 TexReg 4289; amended to be effective September 4, 2016, 41 TexReg 6501; amended to be effective August 25, 2024, 49 TexReg 6249. 4 SCHOOL LAND BOARD 151 OPERATIONS OF THE SCHOOL LAND BOARD §151.6 Procedures for the Release of Funds from the Real Estate Special Fund Account https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=149770&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 149770 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=149770&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 149770 03/11/2026 (a) Definitions.(1) Surrounding land means all of the privately owned property having a common boundary with a particular tract of land approved for sale by the board.(2) Preferential right refers to a right to purchase property before the property is offered for sale to any other party.(3) Participating owner means an owner of all or part of the surrounding land exercising a preferential right granted by the School Land Board (board).(4) Non-participating owner means an owner of all or part of the surrounding land not exercising a preferential right granted by the board.(b) Board authority.(1) The board may acquire, sell, lease, trade, improve, maintain, protect, or otherwise manage, control, or use land that is set apart to the permanent school fund in any manner, at such prices, and under such terms and conditions as the board finds to be in the best interest of the state.(2) The board may not convey property for less than the market value.(3) The board shall determine market value of land in accordance with §1.04 of the Texas Tax Code.(c) Preferential right.(1) If there is only one surrounding land owner, the board may grant a preferential right to that owner to purchase the tract, provided that the purchase price of the tract is not less than market value and the board finds that granting the preferential right is in the best interest of the state.(2) If there is more than one surrounding land owner, the board may grant a preferential right to those surrounding land owners for purchase of the tract, provided that the purchase price of the tract is not less than market value and the board finds that granting the preferential right is in the best interest of the state.(3) When a preferential right is requested or is considered by the board without a request, the board shall send a notice of intent to sell the tract by regular mail to the last known address of the surrounding land owner or owners, as identified by the county records.(d) Partition agreement.(1) When there exists more than one surrounding land owner and the board decides to grant a preferential right to those owners, the participating owners may be required to submit to the General Land Office a proposed partition agreement recommending an agreed division of the property.(2) The participating owners may also be required to submit to the General Land Office an affidavit signed by all of the participating owners stating that all surrounding land owners have been identified and have agreed to the partition agreement or have submitted waivers of a preferential right granted by the board as described in paragraph (3) of this subsection.(3) Any non-participating owner may waive a preferential right by filing a written waiver with the General Land Office. Once the waiver has been filed, the non-participating owner's signature will not be required on any partition agreement or accompanying affidavit.(4) Notwithstanding the foregoing, the board may authorize a participating owner or owners to exercise a preferential right without the consent of all of the non-participating owners upon a showing by the participating owners that the non-participating owner(s) could not be located after a diligent search, are so numerous that waivers described in paragraph (3) of this subsection may not be obtained within a reasonable time frame, or are otherwise unwilling to participate in the purchase of the tract or to expressly waive the preferential right as described in paragraph (3) of this subsection. In such an instance, the board may require an affidavit signed by all of the participating owners that describes their efforts to locate the non-participating owners or the circumstances surrounding the non-participating owners' failure to participate in the purchase of the tract or to expressly waive the preferential right, as applicable. In the alternative, the board may deny the preference request and offer the tract for sale by sealed bid.(5) The board may require purchasers to provide a survey, prepared by a licensed state land surveyor, which shall identify and describe all tracts to be divided pursuant to the sale of the property.(e) Upon approval of the board, payment of the purchase price, payment of the special fee, and, if applicable, filing of the survey and the partition agreement, a land award or deed may be issued in accordance with the terms prescribed by the board. The board may waive the special fee on land sales to any state agency, board, commission, political subdivision, or other governmental entity. Source Note: The provisions of this §154.1 adopted to be effective April 2, 1986, 11 TexReg 1392; amended to be effective January 24, 2008, 33 TexReg 576; amended to be effective January 2, 2011, 35 TexReg 11706. 4 SCHOOL LAND BOARD 154 LAND SALES, ACQUISITIONS, AND TRADES §154.1 Sale of Permanent School Fund Land https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3621&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3621 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3621&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3621 03/11/2026 The General Land Office shall charge the seller of property an acquisition fee to offset the costs of evaluating the tract for acquisition. The fee shall be assessed at the time of closing the purchase and shall be 1 1/2% of the purchase price. The board may waive all or a part of this fee. Source Note: The provisions of this §154.11 adopted to be effective April 2, 1986, 11 TexReg 1392. 4 SCHOOL LAND BOARD 154 LAND SALES, ACQUISITIONS, AND TRADES §154.11 Acquisition Fee https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19081&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19081 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19081&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19081 03/11/2026 The General Land Office shall charge a trade fee to participants involved in a land trade of permanent school fund property with the School Land Board. The fee shall be assessed at the time of closing the transaction and shall be 1 1/2% of the appraised value of the particular state tract acquired by the participant in the trade. The School Land Board may waive all or a part of this fee. Source Note: The provisions of this §154.21 adopted to be effective April 2, 1986, 11 TexReg 1392. 4 SCHOOL LAND BOARD 154 LAND SALES, ACQUISITIONS, AND TRADES §154.21 Trade Fee https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206285&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 206285 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206285&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 206285 03/11/2026 (a) Policy. The surface estate in the coastal public lands of this state constitutes an important and valuable asset dedicated to the permanent school fund and to all people of Texas. Such estate shall be managed as follows.(1) The natural resources of the surface estate in coastal public lands shall be preserved. Such resources shall be construed to include the natural aesthetic values of those areas and the value of such areas in their natural state for the protection and nurture of all types of marine life and wildlife.(2) Uses which the public at large may enjoy and in which they may participate shall take priority over those uses which are limited to fewer individuals.(3) The public interest in navigation in the intracoastal waters shall be protected.(4) Unauthorized use of coastal public lands shall be prevented.(5) Utilization and development of the surface estate in such lands shall not be allowed unless the public interest as expressed in the Coastal Public Lands Management Act is not significantly impaired thereby.(6) The surface estate in coastal public lands shall not be alienated except by the granting of leaseholds and lesser interests therein.(7) Vested rights in land shall be protected subject to the paramount authority of the state in the exercise of such rights; and the orderly use of littoral property in a manner consistent with the public policy of this state shall not be impaired.(8) The economic benefits of leases, easements, and other grants of interests in the surface estate of coastal public lands shall be weighed against the need to protect and preserve the resources of coastal public lands.(9) Rights to use the surface estate of coastal public lands shall not unduly prevent or interfere in any way with the board's management or administration of coastal public lands or the board's authority to grant other rights to coastal public land.(10) The General Land Office (GLO), may at any time, inspect any structure located on coastal public land.(11) If shoreline alteration is proposed, a coastal boundary survey, as defined in Texas Natural Resources Code §33.136, and field notes shall be required.(12) The board may modify or waive the requirements of any rule or fee set forth herein if such action would be in the public's best interest as determined by the board.(b) Scope of rules. These rules set forth the practice and procedure for administration by the board in granting a lease, easement, permit, and the registration of a structure on coastal public lands. All grants of interest are subject to these rules and regulations. The board may grant the following interest in coastal public lands for the indicated purposes:(1) leases for public purposes;(2) easements for purposes connected with ownership of littoral property:(3) permits authorizing limited continued use of heretofore unauthorized structures on coastal public lands, not connected with ownership of littoral property;(4) channel easements to the holder of any surface or mineral interests in coastal public lands, for purposes necessary or appropriate to the use of such interests; and(5) any other interest in coastal public land for any purpose that the board determines is in the best interest of the state.(c) If a Department of the Army Corps of Engineers permit is required for a proposed project, the board may postpone a decision on the application pending receipt of comments on the work described in the Corps of Engineers public notice.(d) Definitions. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Adjacent littoral property--The property that is contiguous to and borders the coastal public land upon which the property interest is sought.(2) Alignment Bulkheads--Proposed bulkheads which align with an adjacent, preexisting bulkhead, or bulkheads.(3) Appraised market value of adjacent littoral property--Fair market value of the unimproved adjacent littoral property as determined by the appropriate tax appraisal district.(4) Basin--A structure used for a commercial or industrial activity that consists of the area of the land encumbered and any fixtures attached thereto. This definition includes the construction and maintenance of marinas, piers, walkways, docks, dolphins, and wharves and any and all dredged area associated therewith.(5) Basin formula--The amount of encumbered state land multiplied by the appraised market value of the adjacent littoral property multiplied by the submerged land discount multiplied by the return on investment.(6) Board--The School Land Board of Texas.(7) Boathouse--A garage-like enclosed structure built over water for the purpose of storing watercraft. Boathouses are suitable for long-term storage and may contain lifts, winches, or other ancillary docking mechanisms.(8) Boatlift--A covered or uncovered boat slip with winch or pulley devices, used for lifting watercraft out of the water; suitable for long-term storage. The covering structure may not enclose the slip.(9) Boat ramp--An inclined structure extending from the adjacent property or pier into state owned submerged land for the purpose of launching and retrieving boats. Typically constructed of concrete or wood.(10) Boat-skid--A ramp-like device, typically using 2 pieces of wood, used to place watercraft in or remove watercraft from the water.(11) Boat slip--An encumbered area of water (covered or uncovered but not enclosed), formed by adjacent finger piers or pilings, into which a watercraft is moored or stored. Most suitable for short-term storage.(12) Breakwater--A structure of timber, cement, or other material, either fixed or floating, designed to protect beaches, bay shorelines, and harbor areas from wave action.(13) Bulkhead--Structures of timber, steel, concrete, rock, or similar substance erected parallel to the shoreline for erosion control purposes.(14) Coastal area--Refers to the geographic area comprising all the counties of Texas having any tidewater shoreline including that portion of the continental bed and waters of the Gulf of Mexico within the jurisdiction of the State of Texas.(15) Coastal natural resource area--As defined by Texas Natural Resource Code §33.203(1).(16) Coastal public lands--All or any portion of the state-owned submerged lands, the waters overlying those lands, and all state-owned islands in coastal area.(17) Commercial activity--Activity undertaken by a lessee or any other person with or without consent, which is designed to enhance or accommodate a venture associated with a revenue generating activity. This definition excludes industrial activity, but includes residential uses other than those included in the definition of residential use, Category III if there is revenue generating activity conducted on the premises.(18) Commissioner--The commissioner of the GLO.(19) Covered second level--A permanently covered (partially or fully) second story associated with a boathouse or boatlift. Excludes enclosure of a second story, which is strictly prohibited.(20) Dilapidated or derelict structure--Any structure which has deteriorated to an unsafe and/or unusable condition due to neglect, misuse, or which has been made inhabitable by vandalism or natural forces, or which or has been abandoned either through neglect or misuse.(21) Dredged area--An area that has been made deeper by the removal or relocation of sediments; dredged areas are considered to be structures on state-owned submerged land. When dredged areas are evaluated for permitting purposes, placement of dredged material must be addressed.(22) Dredged material--The sediments that have been removed from a dredged area; initial dredging of an area often produces usable material and maintenance dredging typically produces unconsolidated material that must dry before possible use.(23) Dredging--The moving of soil, sand, gravel, shell or other materials from its natural setting, including propwashing, and thereby artificially altering the water depth, e.g., channels, basins, etc.(24) Encumbered state land--The amount of state coastal public land encumbered by the permitted activity and is expressed in number of square feet.(25) Evaluation fee--A one-time fee assessed upon the granting of a commercial instrument. In the case of multiple-purpose easement applications, only one evaluation fee will be assessed.(26) Fill--The placement of materials on coastal public lands for the purpose of changing the elevation of a water body or to create emergent land.(27) Fill area--A structure, excluding riprap, concrete stairs, breakwaters, jetties, and groins that permanently and fully encumbers, and entirely displaces, the water covering the coastal public land. The construction and maintenance of associated bulkheads is considered part of the fill area.(28) Fill formula--Encumbered state land multiplied by the appraised market value of adjacent littoral property multiplied by the return on investment.(29) Homeowners association--An association whose individual members, by virtue of holding full and exclusive title to the adjacent littoral property area specifically defined in an easement application, are entitled, as a group, to the privileges of an easement that may be granted by the State of Texas for use of coastal public land.(30) Industrial activity--A use of coastal public land which involves one or more of the following:(A) processing, manufacturing, or handling materials or products predominantly from extracted or raw materials;(B) storage, manufacturing, or materials handling processes that involve flammable or explosive materials; or(C) storage, manufacturing, or materials handling processes that involve hazardous or commonly recognized offensive conditions.(31) Island--Any body of land surrounded by the waters of a salt water lake, bay, inlet, estuary, or inland body of water within the tidewater limits of this state and shall include man-made islands resulting from dredging of other operations. An island may be coastal public land.(32) Jetties and groins--Structures of rock, concrete, steel, or other material built perpendicular to the shoreline and are designed to modify or control sediment movement along a shore.(33) Littoral owner--The owner or leaseholder of any public or private upland bordered by or contiguous to coastal public lands.(34) Living shorelines--Alternatives to traditional armoring shoreline stabilization techniques such as bulkheads. Living shorelines incorporate substantial natural or nature-based features, potentially combined with hard structural components as approved by the Texas General Land Office, to provide shoreline protection and stabilization while maintaining shoreline ecosystem functions.(35) Maintenance dredging--Re-dredging an authorized channel to a previously authorized depth. The same limitations and conditions that applied to the initial dredging will apply to the maintenance dredging.(36) Marina--A combination of docks or piers floating or constructed on pilings, extending onto or over coastal public lands, which is used for purposes of storing or docking boats, watercraft, shrimp boats, and similar structures and is available to the public and charges are made for any of its services, and which do not constitute wharves, docks, or piers as defined in this section.(37) Mineral interest holder--Holder of a state mineral lease who plans to dredge on coastal public land outside the state leasehold tract to obtain access to the state leasehold tract.(38) Mitigation sequence--The series of steps which must be taken to prevent or reduce impacts to sensitive habitat while planning or evaluating a project.(39) New dredged area--An excavated area which is not under current permit with the GLO. The new dredged area rate is charged for the first year, and the fee for maintaining the dredged area is charged for each subsequent year of the easement term.(40) Oversized personal watercraft slip--A personal watercraft slip that exceeds 120 square feet in overall area.(41) Person--Any individual, firm, partnership, association, corporation (public or private, profit or nonprofit), trust, or political subdivision or agency of the state.(42) Personal watercraft--A small boat or other craft for water transportation or recreation typically made for use/occupancy by no more than two people at one time.(43) Personal watercraft slip--A small area designed for the docking and/or storage of personal watercraft; includes boat slips and boat skids; limited to a maximum of 120 square feet.(44) Pier and dock--Structures of timber or other material built onto or over coastal public lands which are used for fishing and recreational boating purposes.(45) Private non-profit use--A private activity which does not contemplate the generation of any revenue.(46) Public activity--Activity which is performed in the public interest, as defined by the board, and is not designed to enhance or accommodate a profit-making venture, nor is it primarily associated with a revenue generating activity.(47) Public entity--City, county, state agency, board or commission, or any other political subdivision of the state.(48) Residential use, Category I--One single-family residential dwelling and accessory building(s) on one defined lot or parcel of land; both land and improvements are typically under the same ownership.(49) Residential use, Category II--Multi-family residential units per defined lot or parcel of land; land and individual units may be separately owned; includes uses by condominium developments and homeowners associations acting for and on behalf of owners of a multi-family residential development, but does not include time-share developments or any use that includes commercial activities.(50) Residential use, Category III--One single family residential dwelling and accessory building(s) on one defined lot or parcel of land that is being used for (in part or whole) short-term residential rental--i.e. daily, weekly, monthly, seasonal; both land and improvements are typically under the same ownership.(51) Resource Impact Fee--A one-time fee assessed for proposed projects that impact seagrass, emergent marsh, or oyster reef, for which there is no separate mitigation requirement.(52) Return on investment--A number used in the basin, fill, and industrial activity formulas that reflects a financial return expectation. The return on investment rate will be set by the Board.(53) Riprap--Hard substrate material placed seaward of the shoreline to reduce wave energy.(54) Seaward--The direction away from the shore and toward the body of water bounded by such shore.(55) Sensitive habitat--An area of submerged or emergent vegetation or reefs.(56) Sewage--Refuse liquids or waste (including human waste) matter typically carried off by sewers or stored in septic tanks.(57) Shoreline stabilization project--Vegetative cover or rip-rap consisting of concrete block, concrete rubble, rock, brick, sack crete or similarly stable material approved by the GLO and utilized to control shoreline erosion. Projects that consist of only shoreline stabilization will be treated as a residential use, Category I project.(58) Structure--As defined in §33.004, Texas Natural Resources Code.(59) Submerged lands--As defined in §33.004, Texas Natural Resources Code.(60) Submerged land discount--60% discount used in formulas when the easement is commercial, 70% discount used in formulas when the easement is industrial.(61) Waste and/or garbage--Includes discarded food, refuse, human waste, and unwanted man-made degradable and non-degradable items such as containers, equipment, and other rubbish.(62) Watercraft--A boat or other craft for water transport or recreation. Included, but not limited to, motorboat, personal watercraft, and sailboat.(63) Watercraft storage facility--A boathouse, boatlift, boat ramp, boat-skid, boat slip or personal watercraft slip to accommodate long term or temporary watercraft use.(64) Wharf--A structure of timber, cement, masonry, earth, or other material built onto or over coastal public lands, so that vessels can receive and discharge cargo, products, goods, any paying passengers, etc. This definition applies only to structures or portions thereof which are directly connected with and used for the loading and unloading of water borne commerce but specifically excludes such structures used only for commercial fishing purposes.(e) Consistency with Coastal Management Program. 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, such conflicting provisions of Chapter 16 of this title (relating to Coastal Protection) will control.(f) An applicant desiring a lease, easement, or permit in coastal public land must submit an application to the GLO on forms approved by the GLO not less than 90 days prior to the desired approval date. Applicants should present reasons why the lease, easement, or permit should be granted. The GLO may request any additional information it deems necessary. Source Note: The provisions of this §155.1 adopted to be effective January 1, 1976; amended to be effective May 11, 1987, 12 TexReg 1418; amended to be effective October 12, 1988, 13 TexReg 4855; amended to be effective December 1, 1995, 20 TexReg 9574; amended to be effective December 18, 1995, 20 TexReg 10282; amended to be effective August 1, 2001, 26 TexReg 5664; amended to be effective September 1, 2008, 33 TexReg 6947; amended to be effective November 14, 2010, 35 TexReg 9915; amended to be effective February 3, 2013, 38 TexReg 382; amended to be effective September 21, 2020, 45 TexReg 6595; amended to be effective September 16, 2021, 46 TexReg 5900. 4 SCHOOL LAND BOARD 155 LAND RESOURCES A COASTAL PUBLIC LANDS §155.1 General Provisions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201119&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 201119 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201119&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 201119 03/11/2026 (a) Definitions. For purposes of this section:(1) Public recreational purpose means the use of coastal public land suitable for human use and enjoyment.(2) Estuarine preserve means coastal public land set aside for the protection of fresh-water and marine ecosystems.(3) Wildlife refuge means land set aside for habitat of native and rare species.(b) Application. Pursuant to Section 33.102 of the Texas Natural Resources Code, any person desiring a lease for the use of coastal public land shall at least include the following in the application:(1) the name, address, telephone number, and email address if available, of the person desiring the lease; and(2) the intended public purpose.(c) General Conditions.(1) Lessee shall be subject to all policies, provisions, terms and conditions applying to leased coastal public land by statute or administrative rule.(2) Lessee shall be subject to any additional policies, provisions, and conditions adopted by the board for the benefit of the public.(3) Lessee shall pay to the General Land Office the necessary filing fees and all other fees determined by the board as adequate compensation for the use of coastal public land.(d) Renewals. Renewals of leases will utilize the contract form and adhere to rules and regulations in effect at the time of the renewal.(e) The commissioner may approve a lease renewal request without board approval if all previous contractual conditions have been met, provided that the lessee has not made or proposed modifications to the leased premises or to the structure(s) on the premises other than a modification that reduces the dimensions of the structure(s) on the premises. If the commissioner approves a renewal request, the appropriate contract forms and related materials shall be forwarded to the lessee for completion. The commissioner may include in his approval any provisions deemed necessary to protect the state's interest in coastal public lands and the public welfare. Source Note: The provisions of this §155.2 adopted to be effective August 1, 2001, 26 TexReg 5664; amended to be effective September 1, 2008, 33 TexReg 6947; amended to be effective September 21, 2020, 45 TexReg 6595. 4 SCHOOL LAND BOARD 155 LAND RESOURCES A COASTAL PUBLIC LANDS §155.2 Leases https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226800&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 226800 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226800&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 226800 03/11/2026 (a) Any easement granted to a littoral owner will not be construed as recognition of a right existing in the littoral owner incident to the ownership of littoral property.(b) Permits from other agencies. In the event the activity for which the easement is sought requires the littoral owner to seek one or more permits from any other agency or department of government of the state, the board may agree with such agency or department to issue a single document incorporating all rights and privileges of the applicant.(c) Mineral or surface interest owner. The board may grant a channel easement to any surface or mineral interest holder for purposes necessary or appropriate to the use of such interests.(d) Consideration of application.(1) Unless otherwise authorized by these sections, the board will hold a meeting to evaluate, consider, and hear testimony on an application. Upon receipt of an application and all requested information, the board may issue, deny, or issue with qualifications, an easement contract.(2) Upon receipt of all necessary application information, the board or the commissioner, as provided by subsection (e) of this section, may issue, deny, or issue with qualifications, an easement contract.(e) The commissioner may approve an easement application without board approval if the application is for any of the following activities but not for commercial/industrial activity and is consistent with the criteria for decision as set forth in subsection (f) of this section:(1) existing fill and associated bulkhead, riprap, dredged areas, groins, breakwaters, or other similar existing projects;(2) existing piers, docks, boatlifts, or other similar existing projects;(3) proposed piers, docks, boatlifts, or other similar projects provided such projects have been determined by the General Land Office (GLO) staff to have minimal unavoidable environmental impacts;(4) proposed fill and associated riprap or bulkheads provided such fill impacts less than two hundred (200) square feet;(5) proposed riprap which impacts the minimum amount of coastal public land to prevent erosion;(6) renewals or assignments of previously approved projects provided the project has not been altered;(7) habitat creation and/or living shorelines that are less than 500 linear feet and not associated with another project on coastal public land; or(8) pipelines, fiber optic lines, electric lines, and other uses authorized under Texas Natural Resources Code, Chapter 51.(f) Criteria for decision. Project proposals will be evaluated in accordance with the following factors.(1) Fill projects for the sole purpose of land reclamation will not be approved; and(2) Any project that is determined by the board or the commissioner as unsafe or contrary to the established policies of the board and/or the GLO will not be approved.(3) Adverse impacts to coastal natural resource areas must be avoided to the extent practicable and minimized where unavoidable. Applicants may be required to provide appropriate mitigation, as set forth in subsection (g) of this section, for those impacts which are unavoidable. Where impacts to coastal natural resource areas are minimal, the payment of a resource impact fee may be required in lieu of undertaking a physical mitigation project where such project is not practicable.(4) Docks, piers, and watercraft storage facilities.(A) Piers, docks, and watercraft storage facilities will be limited to the minimum size necessary to serve the purpose of the project and will be constructed in a manner that does not interfere with navigation or other authorized uses.(B) Piers, docks, and watercraft storage facilities will be designed and constructed in a manner that avoids existing marshes, oyster reefs, seagrass vegetation or shallow water capable of supporting these habitats to the extent practicable. Impacts to sensitive habitat that cannot be avoided will be minimized to the extent practicable.(C) When constructed for private/residential use, only one pier or dock, with normal appurtenances, two watercraft storage facilities (limited to one boathouse), and one additional personal watercraft slip may extend from each defined parcel of littoral property. Piers, docks, and watercraft storage facilities shall extend perpendicular from a point on the shoreline which is not less than ten feet from the adjacent littoral owner's property line, unless such a design would obstruct navigation or would unreasonably interfere with an adjoining littoral property owner's use of the waterfront.(D) In addition to the authorization granted by subparagraph (C) of this paragraph, the board may, in its discretion, authorize the construction of additional watercraft storage facilities for use in connection with a private residence. Any such authorization must be consistent with subparagraph (A) and (B) of this paragraph and will be subject to the fee structure outlined in §155.15 of this title (relating to Fees).(5) Dredged areas.(A) Propwashing is an unacceptable method of dredging and will not be approved.(B) Projects shall be limited to the minimum size necessary to serve the project purpose. Joint use of access channels by multiple littoral property owners is preferred and encouraged rather than individual channels.(C) Extension of piers into deeper water is preferred to the dredging of access channels or basins whenever practical.(D) A channel or basin should be designed to insure adequate flushing and should prevent the creation of conditions which are likely to cause stagnant water pockets.(E) The alignment of a channel or canal should make maximum use of a natural or existing channel. Design and alignment should minimize disruption of natural sheetflow, water flow, and drainage systems.(F) A channel proposed to be dredged through highly productive coastal public lands is discouraged and will be approved only in unusual circumstances.(G) Dredging should be conducted in a manner that minimizes turbidity and dispersal of dredged material.(6) Dredged material disposal area.(A) All dredged material should be placed on and contained within suitable upland sites of relatively low productivity above mean high water and where adverse effects of such disposal are minimized. (B) Dredge material containing hazardous substances that presents a threat to public health, safety or the environment, shall be disposed of only in compliance with federal, state and local laws and regulations; further(i) dredge material shall not be disposed of in any place where such disposal would adversely affect municipal water supplies, shellfish beds, fishery areas (including spawning and breeding areas), wildlife, or recreational areas; and(ii) disposal of dredge material shall be in accordance with §501.25 of this title (relating to Policies for Dredging and Dredged Material and Placement).(C) Open water disposal shall comply with subparagraph (B) of this paragraph and shall be considered only if upland alternatives are not available. Any disposal in open waters must be in compliance with all federal, state and local laws and regulations and shall be consistent with the goals and policies of the Texas Coastal Management Program.(D) Consideration of habitat creation and improvement should be made when environmental damage results.(7) Jetty, groin, and breakwater.(A) No new jetties or groins will be authorized except under the most compelling circumstances upon request by a city, county, or other public entity for a public purpose.(B) Plans for construction of a jetty, groin, or breakwater must be analyzed to insure that the structure does not create adverse sediment transportation patterns that induce erosion or undesirable shoaling in adjacent areas.(C) Existing but unauthorized jetties or groins may be authorized to remain in place until such jetties or groins are destroyed or damaged in excess of fifty percent under the following conditions:(i) no significant erosion of adjacent property has occurred or is occurring as a result of the presence of the jetties or groins;(ii) no significant adverse impacts to sensitive habitats have occurred nor are sensitive habitats threatened by the presence of the jetties or groins;(iii) no unnatural accumulation resulting in the deposition of sediments greater than five square feet per linear foot of the affected shoreline; and(iv) even if a jetty or groin causes significant unnatural accumulation but the removal of the jetty or groin will cause severe adverse impacts to sensitive natural resources, provided the boundary between state-owned submerged land and the adjacent littoral property is established by a Licensed State Land Surveyor. Non-compliance with any of the conditions in this subparagraph will be sufficient cause for denial or termination of authorization and for removal of a non-conforming structure.(D) In addition to minimizing adverse physical effects, the owner of a jetty, groin, or breakwater must ensure that the structure does not unduly interfere with public use of submerged land or the shoreline.(8) Shoreline stabilization projects.(A) Living Shorelines and vegetative cover are the preferred method of shoreline stabilization and shall be used where practical. Impacts to sensitive habitat will be avoided whenever possible and minimized and mitigated when unavoidable.(B) Riprap is an acceptable method of shoreline stabilization if composed of interlocking brick, rock large enough not to be displaced by storms, or concrete rubble which is free of protruding rebar. Where possible, sloping riprap should be used rather than a vertical seawall or bulkhead. Riprap material may extend seaward from the shoreline only as far as required to protect the shoreline.(C) The use of tires, automobile bodies or parts, appliances, trash and other unconsolidated material is not acceptable and shall not be approved.(D) Except in special circumstances, a bulkhead or seawall should be located no further seaward than the mean of the high water line, and, to the extent practicable, designed so that reflected wave energy does not destroy stable marine bottom or constitute a safety hazard.(E) An application for the construction of a bulkhead on a significant coastal public marsh or grassflat, where such will lead to the destruction of this resource, will normally be denied. To avoid this, extreme care should be taken as to the location and type of construction planned for bulkheads in a wetland area.(9) Marinas.(A) Marinas should be located in areas where the least dredging and maintenance will be required. Plans for a marina should minimize the disruption of currents and the need for excavation of the shore area. Dead end or deep canals without adequate flushing should be avoided.(B) Each marina shall provide adequate facilities to its users for the reception of waste and/or garbage. Failure to insure that the users of a marina have access to facilities necessary for the proper and lawful disposal of waste and/or garbage on an ongoing basis may subject the easement to termination and the easement holder to any applicable civil and criminal penalties.(10) Placement of fill.(A) Placement of fill proposed in marshes and submerged grass bed areas normally will be denied. Consideration will be given to a fill proposal for a water dependent use or public use on relatively unproductive coastal public lands.(B) A shoreline fill should be designed and located so that significant damage to existing ecological values or natural resources, or alternation of natural currents will not occur.(C) The perimeter of fills should be provided with vegetation, retaining walls, riprap, or other mechanisms for erosion prevention.(D) Fill material should be of such quality that it will not cause water quality degradation. Submerged land should not be considered for a sanitary landfill or the disposal of solid waste.(g) Mitigation sequence. An applicant is responsible for identifying practicable alternatives or available sites for a proposed project with the fewest adverse impacts. For projects requiring mitigation for unavoidable adverse impacts to natural resources, review shall be based on the following sequence:(1) Avoidance. Projects must be designed to avoid critical area impacts to the extent practicable. Critical areas include, but are not limited to, a coastal wetland, an oyster reef, a hard substrate reef, submerged vegetation, or tidal sand or mud flat.(2) Minimization. Unavoidable impacts shall be minimized to the extent practicable through the use of structural or non-structural modifications.(3) Mitigation and Compensation. Unavoidable impacts or damages to coastal public land will require mitigation and/or a resource impact fee as set forth in §155.15(b)(3) of this title. Mitigation for impacts to coastal public land must occur on coastal public land.(h) Consideration of application by mineral interest holder. The board will review and consider an application for a channel easement to a mineral interest holder on coastal public lands to insure conformity with the policies, practices, and procedures in these rules and regulations. Environmental recommendations for certain development and production activities will be provided to the mineral interest holder on bay tracts and certain other tracts in the notice of bids booklet published by the GLO. Updates of these recommendations will be furnished on request. Development activities conforming with these environmental recommendations normally will receive favorable consideration by the GLO.(i) Approval criteria. An easement, if granted by the board, will be approved subject to these rules in addition to such terms and conditions as may be prescribed in the contractual agreement. The board may waive a rule at its discretion. All structures on coastal public lands will be subject to inspection at any time by the board or their authorized representatives. Any easement contract will be for a specific purpose. If a change in the contractual agreement is desired, an amendment application must be filed. An applicant, by accepting an easement to occupy or otherwise place a structure on coastal public lands or water surface areas, agrees and consents to comply with the conditions of the contract. Source Note: The provisions of this §155.3 adopted to be effective January 1, 1976; amended to be effective June 17, 1983, 8 TexReg 1858; amended to be effective August 29, 1984, 9 TexReg 4455; amended to be effective October 12, 1988, 13 TexReg 4855; amended to be effective December 1, 1995, 20 TexReg 9574; amended to be effective August 1, 2001, 26 TexReg 5664; amended to be effective September 1, 2008, 33 TexReg 6947; amended to be effective November 14, 2010, 35 TexReg 9915; amended to be effective February 3, 2013, 38 TexReg 382; amended to be effective September 16, 2021, 46 TexReg 5900; amended to be effective November 23, 2025, 50 TexReg 7426. 4 SCHOOL LAND BOARD 155 LAND RESOURCES A COASTAL PUBLIC LANDS §155.3 Easements https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201120&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 201120 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201120&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 201120 03/11/2026 (a) Issuance. The board may issue permits authorizing limited continued use of previously unauthorized structures, as defined in subsection (b) of this section, on coastal public lands, where such use is sought by one claiming an interest in any such structure but is not incident to the ownership of littoral property. This section is not intended to limit the authority granted to the commissioner or the board in the management of the surface estate in coastal public lands, or to be the exclusive means by which the commissioner or board may grant permission for the use of coastal public lands.(b) Definition. A structure under this section shall be defined as any housing, capable of residential use or which otherwise would typically be considered an improvement on real property, which is in any manner attached or affixed to coastal public land and is not associated with the ownership of littoral property.(c) Criteria. The board may not:(1) grant any permit which would be in violation of the public policy of this state as expressed in these sections and regulations;(2) grant more than one permit per person, immediate family, organization, company, or group; or(3) grant any permit for dilapidated or derelict structures. This provision shall not prohibit the issuance of a new contract for a previously abandoned structure, provided that the permit holder agrees to rebuild or relocate the structure within one year of contract issuance.(d) Interest claim. Any person seeking to obtain an interest in a structure shall apply to the board for a permit. The application shall be accompanied by the appropriate fees, as set forth in §155.15 of this title (relating to Fees), and any documentation requested by the board.(e) Board approval. The board may approve, deny, or approve with qualifications an application for a permit. If an application is approved by the board, the appropriate contract forms and related materials shall be forwarded to the applicant for completion. The board may include in its approval any provisions deemed necessary to protect the state's interest in coastal public lands and the public welfare.(f) Renewal. The board may, at its discretion, renew a permit upon receipt of a renewal request and the required fees from the current permit holder if all previous contractual conditions have been met. The commissioner may approve a permit renewal request without board approval if the request is consistent with the criteria as set forth in subsection (c) of this section, provided that the permit holder has not made or proposed modifications to the permitted structure(s) that constitute major repairs other than a modification that reduces the dimensions of the structure(s). If the commissioner approves a renewal request, the appropriate contract forms and related materials shall be forwarded to the permittee for completion. The commissioner may include in his approval any provisions deemed necessary to protect the state's interest in coastal public lands and the public welfare.(g) Transfer. The board may, at its discretion, approve the transfer of a permit upon receipt of a transfer request, provided that all required fees have been paid and all previous contractual conditions have been met.(h) Major repairs. Any action which alters the square footage of an existing permitted structure shall be considered a major repair and shall require prior approval from the board. The board may approve, deny, or approve with qualifications a request for major repairs to, or for the rebuilding of, a permitted structure. Examples of major repairs include, but are not limited to:(1) modification or renovation work which alters the dimensions of structures currently in existence;(2) the addition of any structure to an existing permitted facility;(3) the relocation of any structure or facility from its permitted location; or(4) any activity requiring dredging or filling.(i) Minor repairs. Minor repairs may be made to a permitted structure without prior approval of the board. Minor repairs shall include routine repairs to existing docks, piers, and the structure, and other normal maintenance required to maintain a structure in a safe and secure manner but which does not alter the authorized dimensions. Examples of minor repairs include, but are not limited to:(1) replacement of tin or shingles on roofs, boards on floors, walls, walkways, or decks when the structural dimensions are not increased;(2) replacement of pilings or other structural members that do not require dredging or filling;(3) painting and maintenance activities; and(4) addition of windows, doors, or rails to an existing structure.(j) Abandoned structures. Structures determined by the board to be abandoned may be removed from coastal public lands or permitted to an interested party through a competitive bid process approved by the board. Structures may be considered abandoned if:(1) no response is received to a notice posted on the structure citing the Act which requires board authorization for the structure, and containing a request that the interest holder contact the General Land Office (GLO) within a specified period of time;(2) the interest holder in an unpermitted structure fails to complete the permit application process within 60 days after contact with the GLO has been made; or(3) all reasonable attempts to contact a permit holder at the last known address have failed.(k) Issuance of permits to new permit holders for structures determined to be abandoned or for which the permit was terminated by the board for cause. Structures determined by the board to be abandoned or for which the interest of the previous permit holder was terminated for cause may be permitted to an interested party through a competitive bid process approved by the board in accordance with this subsection.(1) Nominations of structures for permitting. The board, GLO staff, or persons seeking to obtain an interest in a specific structure may nominate for permitting a structure determined by the board to be abandoned or for which the interest of the previous permit holder was terminated for cause. Nominated structures will be evaluated by GLO coastal leasing staff as to suitability for permitting, including consideration of such factors as location, impacts to natural resources, and condition of the structure. GLO staff may recommend relocation or rebuilding of a structure nominated for permitting.(2) Advertising of availability of nominated structures for permitting. The board will set the terms and conditions upon which nominated structures will be offered for permitting. These terms will be advertised and bids taken.(3) Competitive bids for permitting of nominated structures. Competitive bids may be received by the board. Anyone who notified the GLO, in writing, of a desire to obtain an interest in a particular nominated structure before the terms are advertised, will be furnished a bid package at least 10 business days prior to the date set for awarding of the permit for a nominated structure. Bid proposals for permits for nominated structures must specify and describe the design of the structure proposed and must be submitted with the prospective bidder's payment of his bid offer for the bonus payment and filing fee.(4) Permit fees for nominated structures. The appropriate filing fee, bonus payment, new contract issuance fee, and annual fee for nominated structures will be determined as provided by §155.15 of this title (relating to Fees).(5) Awards. After evaluation of all proposals, including consideration of such factors as the prospective bidder's compliance with the board's structure design guidelines and compliance history relating to structures on coastal public land, the board may award a permit for a nominated structure to the bidder submitting the proposal determined by the board to be in the best interests of the state.(6) Improvements. Any structure to be constructed in accordance with a permit issued pursuant to this bid process is the property of the State of Texas, as provided in the Texas Natural Resources Code, §33.131.(l) General provisions. Each permit issued by the board or commissioner shall be subject to the following general provisions.(1) The permit number must be displayed on the structure in block numerals no less than 10 inches high. The numerals must be readily visible from the normal route of access and should be of a color that contrasts with the color of the structure. Decals, paint, or metal numerals may be used.(2) All structures on coastal public lands shall be subject to inspection at any time by the board or its authorized representatives without prior notice to the permit holder.(3) All structures shall be maintained in good repair and safe condition, and shall be kept in a clean and sanitary condition acceptable to the state.(4) No domestic or wild animals of any type shall be permanently released upon state-owned islands. Domestic animals shall be prevented from disturbing nesting birds on state-owned islands.(5) An applicant, by accepting a permit for a structure on coastal public land, agrees and consents to the following:(A) to comply with all regulations which the board determines to be necessary and proper for the protection, conservation, and orderly development of coastal public lands;(B) to indemnify the State of Texas against any and all liability for damage to life, person, or property arising from the permittee's occupation and use of the area covered by the interest granted; and(C) to keep the commissioner of the GLO informed at all times of his or her current mailing address and telephone number.(6) The approval of a structure permit by the board or commissioner grants exclusive rights to the permit holder for the permitted structure only, and does not prevent the board or commissioner from issuing other grants of interest for the same area or implementing specific land management practices at their discretion. Source Note: The provisions of this §155.4 adopted to be effective March 15, 1989, 14 TexReg 1081; amended to be effective January 9, 2000, 25 TexReg 210; amended to be effective May 26, 2005, 30 TexReg 3020; amended to be effective September 11, 2005, 30 TexReg 5373; amended to be effective September 1, 2008, 33 TexReg 6947; amended to be effective September 21, 2020, 45 TexReg 6595. 4 SCHOOL LAND BOARD 155 LAND RESOURCES A COASTAL PUBLIC LANDS §155.4 Permits https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209332&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 209332 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209332&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 209332 03/11/2026 (a) Pursuant to Texas Natural Resources Code §33.132, a littoral owner claiming any right in any structure, excluding a fixed or floating pier, which as of August 27, 1973, is situated in whole or in part on coastal public lands, shall have registered with the General Land Office (GLO) the structure on or before January 1, 1974. Any structure not registered by January 1, 1974, shall require an easement or lease.(b) Pursuant to Texas Natural Resources Code §33.115, any littoral owner desiring to register a pier shall register such pier with the GLO by submitting a non-refundable registration fee and an executed structure registration. The structure registration shall be on a form provided by the GLO.(c) New construction, reconstruction, or modification of a pier pursuant to Texas Natural Resources Code §33.115 may commence only upon receipt by the GLO of the following:(1) a completed and executed structure registration form; and(2) the registration fee.(d) The construction criteria for piers pursuant to Texas Natural Resources Code §33.115 shall include the following:(1) Consistency with residential pier construction requirements established by the GLO, which are updated periodically and available online at the GLO website.(2) Only one pier may extend from each defined parcel of littoral property.(3) Appurtenances are limited to those established by the GLO as normal appurtenances.(4) A pier or dock shall extend perpendicular from a point on the shoreline, which is not less than ten feet from the adjacent littoral property line, unless such a design:(A) would obstruct navigation; or(B) would unreasonably interfere with an adjoining littoral property owner's use of the waterfront.(e) Notwithstanding the provisions of subsection (d) of this section, the Commissioner, at his discretion, may authorize the registration of non-commercial pier structures, pursuant to Texas Natural Resources Code §33.115.(f) Any person registering a structure or pier pursuant to this section agrees and consents to the following:(1) to maintain the structure or pier in the proper condition and not allow it to deteriorate to such a degree as to become a hazard or public nuisance;(2) to notify the GLO upon a change of ownership, or property interest, in the adjacent littoral property within 30 days of such change;(3) to comply with and be bound by all terms and conditions of the structure registration form provided by the GLO; and(4) to record the GLO provided memorandum in the County Deed Records in which the littoral property lies.(g) In the event a pier or structure has been registered pursuant to subsection (a), (b), (d), or (e) of this section and the littoral owner subsequently desires to make modifications or additions or rebuild the pier or structure, the littoral owner shall obtain either a new easement or lease, or a new registration pursuant to Texas Natural Resources Code §33.115 in lieu of the prior registration.(h) To the greatest extent possible, the littoral owner shall construct a pier, pursuant to Texas Natural Resources Code §33.115, in a manner that avoids existing marshes, oyster reefs, sea grass or shallow water capable of supporting these habitats. Impact to sensitive habitats that cannot be avoided shall be minimized to the greatest extent possible. Source Note: The provisions of this §155.5 adopted to be effective August 1, 2001, 26 TexReg 5664; amended to be effective October 23, 2005, 30 TexReg 6772; amended to be effective September 1, 2008, 33 TexReg 6947; amended to be effective February 3, 2013, 38 TexReg 382; amended to be effective September 21, 2020, 45 TexReg 6595; amended to be effective July 3, 2022, 47 TexReg 3692. 4 SCHOOL LAND BOARD 155 LAND RESOURCES A COASTAL PUBLIC LANDS §155.5 Registration of Structures https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19085&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19085 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19085&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19085 03/11/2026 Grants of interest from the board are not required pursuant to these rules for the following:(1) structures such as buoys, channel markers, beacons, duck blinds, and other similar structures, determined by the board to be minor;(2) activities exempted by other statutes. Source Note: The provisions of this §155.7 adopted to be effective January 1, 1976. 4 SCHOOL LAND BOARD 155 LAND RESOURCES A COASTAL PUBLIC LANDS §155.7 Exemptions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19091&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19091 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19091&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19091 03/11/2026 The School Land Board establishes that all of the coastal public land included within the proposed additions to the coastal barrier resources system by the United States Department of the Interior's February, 1987, draft report to congress, Coastal Barrier Resources System, Proposed Recommendations for Additions to or Deletions from the Coastal Barrier Resources System, Volumes 19 and 20, are areas to be used primarily for wildlife refuge, sanctuary, recreation, or natural resources conservation purposes. Volumes 19 and 20 of the draft report are adopted by reference only for the purpose of specifying which land is proposed for addition to the coastal barrier resources system. Copies of Volumes 19 and 20 of the draft report can be obtained by sending a written request to the Texas General Land Office, Land Management Division, 1700 North Congress Avenue, Austin, Texas 78701. Source Note: The provisions of this §155.11 adopted to be effective December 25, 1987, 12 TexReg 4637. 4 SCHOOL LAND BOARD 155 LAND RESOURCES A COASTAL PUBLIC LANDS §155.11 Protection of Certain Coastal Public Land https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222311&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 222311 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222311&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 222311 03/11/2026 (a) General.(1) Form of payment. Fees may be paid by cash, check or other legal means acceptable to the commissioner.(2) Time for payment. Payment is generally required in advance of issuance of easements, permits, leases and other documents and/or delivery of services and/or materials by the General Land Office (GLO).(3) Dishonor or nonpayment by other means. In the event a fee is not paid due to dishonor, nonpayment, or otherwise, the GLO shall have no further obligation to issue easements, permits, leases and other documents and/or provide services and/or materials to the grantee, permittee, lessee, or applicant.(b) Board fees and charges. The board is authorized and required under the Texas Natural Resources Code, Chapter 33, to collect the fees and charges set forth in this subsection where applicable. The board will charge the following coastal lease and coastal easement fees for use of coastal public land, and will charge the following structure registration and permit fees. The board charge will be based on either the fixed fee schedule or the alternate commercial, industrial, residential, and published formulas as delineated in paragraph (1)(C) of this subsection. The greater of the fixed fee or formula rate will be charged. The board may adopt an escalation schedule that will allow for escalation of annual fees based on the term of a coastal lease or coastal easement.(1) Rental and Fees(A) Structure registration. Structure registration fee is required for private piers or docks that are 115 feet long or less and 25 feet wide or less and require no dredging or filling, as authorized by the Texas Natural Resources Code, §33.115. Though board approval is not required for construction, the applicant must register the location of the structure. The registration is valid for the life of the structure.(i) application fee: $25 (per occurrence for new, amendment and assignment applications).(ii) annual rent: none.(B) Coastal lease. The board may grant coastal leases for public purposes as prescribed by the Texas Natural Resources Code, §§33.103(1), 33.105 and 33.109. The application fee and annual rent shall be negotiable. (C) The following tables list the rental fees for easements and permits on coastal public land.(i) Residential Use, Category I.Attached Graphic(ii) Residential Use, Category II.Attached Graphic(iii) Residential Use, Category III.Attached Graphic(iv) Commercial and Industrial Activity.Attached Graphic(v) Structure (Cabin) Permits.Attached Graphic(2) Senior Rent Freeze. Upon application to the GLO and submission of proof of age by a grantee, fees for coastal easements associated with a single family residence will not be increased after the point in time when the littoral property owner (one person in the case of joint ownership) reaches the age of 65, unless the area of encumbered state land increases or there is a change in use of the coastal public land.(3) Resource Impact Fee.(A) Public use projects and Residential Use, Category I projects constructed within guidelines: exempt.(B) All others: $100 plus $1.00 per square foot of impacted area.(4) New Dredge Rent. A one time rental fee due upon completion of the initial dredging for a new project. The board may consider reduced new dredge rent on a case by case basis when the material is used for habitat creation, restoration, and enhancement projects, or when it is in the public interest to do so.(5) Term. The term for all coastal leases and coastal easements is negotiable. Board approval is required prior to construction. (6) Rental adjustments--all commercial and industrial easements. At every five-year interval in the term of commercial and industrial easements, the rental fee for the easement will be subject to adjustment. The adjustment, if any, will be in accordance with the then current Fee Schedule as adopted by the board.(7) Implementation.(A) New residential developments. Upon the application for an easement associated with the development of a multi-unit or single-family residential project, the easement application will be processed and fee determined according to the appropriate commercial activity rate. Upon the sale of an individual residential unit associated with the easement, with sufficient infrastructure in place to convert use of the unit to individual use (and use of associated easement to private activity), the original easement applicant, upon agreement with the commissioner of the GLO, may pay a $50 conversion fee. The easement fee may then be reduced by the percentage that the sold unit represented to the total number of units associated with the easement. At the time the conversion fee is paid under the provisions herein, the unit will then be considered to be subject to the residential activity rates upon renewal of the easement. For units already sold prior to the effective date of this section, conversion to a residential activity rate will be granted without the payment of the conversion fee.(B) Additional terms. The commissioner of the GLO may require, as a condition for the granting of an easement set forth in this section, such additional terms that he feels are necessary to secure performance under any such easement. Source Note: The provisions of this §155.15 adopted to be effective December 1, 1995, 20 TexReg 9577; amended to be effective March 20, 1997, 22 TexReg 2619; amended to be effective May 26, 2005, 30 TexReg 3020; amended to be effective September 1, 2008, 33 TexReg 6947; amended to be effective November 14, 2010, 35 TexReg 9915; amended to be effective February 3, 2013, 38 TexReg 382; amended to be effective May 15, 2013, 38 TexReg 2841; amended to be effective September 21, 2020, 45 TexReg 6595; amended to be effective September 16, 2021, 46 TexReg 5900; amended to be effective July 3, 2022, 47 TexReg 3692; amended to be effective November 26, 2024, 49 TexReg 9561. 4 SCHOOL LAND BOARD 155 LAND RESOURCES A COASTAL PUBLIC LANDS §155.15 Fees https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3625&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3625 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3625&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3625 03/11/2026 (a) The School Land Board (hereafter called "the board') may lease state-owned lands or flats to an eligible navigation district (hereafter sometimes called "district') only for a purpose reasonably related to the promotion of navigation. The term "navigation' as used herein refers to marine commerce and immediately related activities, including but not limited to port development; channel construction and maintenance; commercial and sport fishing; recreational boating; industrial site locations; transportation, shipping, and storage facilities; pollution abatement facilities; and all other activities necessary or appropriate to the promotion of marine commerce; but specifically does not refer to residential development.(b) In making application for a lease of state-owned lands or flats, the district will submit the following information to the General Land Office:(1) the name, address, and telephone number of the district and the name of the agent certified by the district authorized to execute documents;(2) proof of eligibility to qualify as a district;(3) a description of the lands or flats sought to be leased;(4) a plan showing how it proposes to utilize the land and a timetable indicating approximately when such utilization will take place;(5) a draft environmental impact statement assessing the effect of the proposed use on the environment, which statement shall generally conform to the requirements of the National Environmental Policy Act, (Public Law No. 91-190, 42 United States Code §4321, et seq.), however, a draft environmental impact statement will not be required if the proposed use requires no dredging, filling, or bulkheading;(6) proof satisfactory to the board establishing the public convenience and necessity for acquisition of lands sought to be leased;(7) such additional information as the board may deem necessary.(c) Upon receipt of an application and accompanying information, the board will submit copies thereof to the member agencies of the Interagency Council on Natural Resources and the Environment and other appropriate state agencies for review and comment. In addition, the board will submit for review and comment the proposed terms and conditions of the lease. The board will allow 30 days for such review and comment, and may extend the review period for an additional 30 days upon written request by the executive director of any state agency.(d) Following the expiration of the period provided for review and comment, or following the expiration of the 30-day extension of such period, if any, the board will cause a hearing to be held in the county in which the land proposed to be leased is located in accordance with §155.3 of this title (relating to Easements). The board will consider the record of the hearing in making a decision on the application.(e) After the submission of all evidence, the board will authorize the issuance or denial of the proposed lease and will determine the reasonable rent, term of years, special limitations, if any, and other conditions necessary to best serve the interest of the general public. In establishing the consideration to be paid to the state for the lease, due weight will be given to the depth of the water over the submerged land, its proximity to development activities, and its proposed use. Final action will be taken by the board no more than 60 days following the public hearing.(f) The board may, at its option, accept a draft environmental impact statement as required in subsection (b)(5) of this section which is prepared in accordance with the guidelines for preparation of a draft environmental impact statement described in §155.4(a) or (b) of this title (relating to Permits), or an environmental impact statement, or draft thereof, of a document prepared in accordance with federal law to meet the requirements of the National Environmental Policy Act (Public Law 91-190, 42 United States Code §4321 et seq.). The board may request any additional information deemed necessary.(g) If an applicant requests in writing that an application be processed without the filing of a draft environmental impact statement, the board will require the other necessary application information and will process the application as provided in subsections (c)-(e) of this section; but in such case, the board will include in the lease the following provisions:(1) that the draft environmental impact statement required by federal law be filed with the board before the district makes any use of such lands or flats which requires dredging, filling, or bulkheading;(2) that approval of such use be obtained from the board after copies of the draft environmental impact statement and a description of the proposed use are circulated for comment as provided in subsection (c) of this section and a second hearing is held as provided in subsection (d) of this section;(3) that the board will be authorized to make any such amendments to the lease as the board may deem necessary as a result of information developed in and comments received on the draft environmental impact statement;(4) that the lease will cease to be effective at a time specifically stated in the lease unless prior to that time the board notifies the applicant in writing that accord concerning environmental issues has been reached between the district and the board;(5) that the board may renegotiate the consideration to be paid or the term of the lease; renegotiate any of the conditions and provisions of the lease; may declare the lease or any portion thereof null and void and terminated; or it may make any change in the lease deemed necessary to protect the public interest.(h) Districts may sublease lands leased from the state under the provisions of this chapter to third parties for navigation purposes, but such sublease or any amendments thereto will be subject to board approval. A request for a sublease or any amendments thereto may be processed by the board as provided in subsections (b)-(g) of this section.(i) If the district included the work, improvements, and uses in the district's original lease and the board authorized same and/or included the state-owned lands and flats in the final amended lease to the district in accordance with subsection (g) of this section, no approval by the board will be required; however, the district must submit a copy of the sublease, or any amendments thereto, to the board for a determination that the sublease was contemplated by the district in the district's original lease. No environmental impact statement will ever be necessary for any sublease which requires no dredging, filling, or bulkheading, and which would not have a substantial impact upon the environment, or which requires only insubstantial dredging, filling, or bulkheading, as determined by the board; nor will a district in obtaining approval for a sublease under any circumstances be required to reveal the name of the tenant to whom the sublease is to be made.(j) If lands or flats leased from the board under the provisions of this chapter are utilized by a district or its sublessee for any purpose or use not approved by the board, the district will be given notice and an opportunity to change and correct the use. If the use is not changed and corrected within a reasonable time after receipt of such notice, the lease may be terminated by the board and the lands and flats will revert to the State of Texas. Source Note: The provisions of this §155.21 adopted to be effective January 1, 1976. 4 SCHOOL LAND BOARD 155 LAND RESOURCES B PRACTICE AND PROCEDURE FOR STATE-OWNED LANDS AND FLATS §155.21 Application; Nature of Original Lease; Sublease; Termination https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=26741&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 26741 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=26741&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 26741 03/11/2026 (a) The State of Texas will retain its rights in all mines and minerals, including oil, gas, and geothermal resources, in and under the land, together with the right to enter the land for the purpose of development when it leases land under these rules.(b) All leases of land under these rules are subject to oil, gas, or mineral leases in existence at the time of the lease to the district.(c) Any land which has been franchised or leased or is being used by any navigation district or by the United States for the purpose of navigation, industry, or other purpose incident to the operation of a port will not be entered or possessed by the State of Texas or by anyone claiming under the State of Texas for the purpose of exploring for oil, gas, or other minerals except by directional drilling. No easement, lease, or permit may be granted on land which has been leased to a navigation district which will interfere with the proposed use of the land by the navigation district, and the prior approval of the navigation district will be obtained for such purpose.(d) No surface drilling location may be nearer than 660 feet and special permission from the commissioner of the General Land Office is necessary to make any surface location nearer than 2,160 feet, measured at right angles from the nearest bulkhead line designated by a navigation district or the United States as the bulkhead line or from the nearest dredged bottom edge of any channel, slip, or turning basin which has been dredged, or which has been authorized by the United States as a federal project for future construction, whichever is nearer.(e) In the event land is leased to a navigation district for construction of a navigation project, the board may in the lease designate the district to be the agent of the State of Texas with authority to grant to the United States of America such easements for dredging and disposal of dredged material as may be required for federal participation in the project. In designating the district to be the agent of the State of Texas for the purpose of granting spoil easements, the board may include a requirement that the district obtain the approval of the board before granting any such easement. Such approval may be given in the form of accepting a master plan for spoil disposal.(f) Districts which, prior to the enactment of Senate Bill 274, Acts 1973, 63rd Leg., had obtained patents to state-owned lands or flats under Texas Civil Statutes, Article 8225, Revised Civil Statutes of Texas, 1925, or under any general or special act, and which still claim title to any such lands or flats, may not hereafter dispose of any such lands or flats which were conveyed to them by the State of Texas and may not lease such lands or flats for a use which is not reasonably related to the promotion of navigation as defined in §155. 1(a) of this title (relating to General Provisions). In the event a district possesses lands it finds to be in excess of its needs, it may sell such surplus lands or flats back to the State of Texas for the same consideration as originally paid to the state or exchange them for other lands with the State of Texas. The limitation on resale of lands or flats acquired from the State of Texas will not prevent a district from exchanging such lands or flats for land, or rights in land, of an adjacent littoral owner for the purpose of adjusting or straightening the boundary between such lands. All such exchanges made after December 31, 1973, are subject to the approval of the board.(g) Any district, which prior to January 1, 1974, has exchanged lands or flats for land, or rights in land, of an adjacent littoral owner for the purpose of adjusting or straightening the boundary between such lands as provided in § 155.2(f) of this title (relating to Leases), shall notify the board by filing with the board a copy of the instrument authorizing such, and a survey plat and field notes sufficiently detailing the nature of the land exchange by January 1, l977.(h) Any district which desires to undertake a land exchange for any purpose will submit in writing to the board the reason for the proposed exchange and a survey plat and field notes of the land involved in the exchange. The board may require the district to comply with the provisions of §155.1 of this title (relating to General Provisions) if it is determined by the board that such exchange will result in a significant effect on the environment.(i) Any district which, prior to May 27, 1975, has maintained, and which as of May 27, 1975, is maintaining any channel, dredged material disposal site, or other navigational aid or improvement on state-owned lands to which the district holds no patent or lease from the state will notify the General Land Office of the boundaries of such submerged land used by furnishing a map or other drawing acceptable to the General Land Office. The board may require a lease for the continued use of such lands as provided in §155.1 of this title (relating to General Provisions). Source Note: The provisions of this §155.22 adopted to be effective January 1, 1976. 4 SCHOOL LAND BOARD 155 LAND RESOURCES B PRACTICE AND PROCEDURE FOR STATE-OWNED LANDS AND FLATS §155.22 General Limitations; Exchange of Lands; Notice of Lands Used by a District https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19096&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19096 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19096&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19096 03/11/2026 (a) The purpose of this section is to provide for a simple and efficient manner of conducting a public hearing as provided in §155.1 of this title (relating to General Provisions).(b) Notice of the hearing will be given by publication for at least three days, not less than two weeks nor more than four weeks prior to the hearing, in the daily paper having the greatest circulation in the county in which the land proposed to be leased is located. Notice of hearings governed by this section will be filed with the secretary of state for publication in the Texas Register.(c) The notice of hearing will include:(1) the time, date, and location of the hearing;(2) a brief explanation of the purpose of the hearing; and(3) any other statement or material required by law or deemed necessary and proper by the board.(d) At the time notice of hearing is given as provided herein, all material received by the General Land Office pertinent to the subject of the hearing, including documents, studies, and other data, will be made available for public review and study. As additional material is subsequently developed or received by the General Land Office, it will be made available for public review and study, and one copy of such material will be filed in the office of the county judge of the county where a hearing is held.(e) The notice of hearing will be mailed to any person who has made a timely written request for such notice to the General Land Office to be so notified; however, failure to mail the notice does not invalidate any action taken by the board or the commissioner.(f) All hearings will be open to the public. Members of the board or their designated representatives will conduct the hearing. The board may designate a hearing officer who will have authority to administer oaths, to examine witnesses, and to rule upon the admissibility of written or oral testimony. The hearing officer will have the authority to open or recess any hearing from day to day.(g) Any person, corporation, organization, or governmental subdivision or agency may offer testimony in support of or in opposition to an application, and any such person offering testimony is considered for the purpose of this section only to be a party. Any party may appear in person or may appear and be represented by an attorney at law. A corporation, association, and organization will be represented by at least one and not more than two persons for the purpose of testifying at any hearing. A governmental subdivision or agency will be represented by the highest elected or, if applicable, appointed official thereof, or by not more than two persons designated by such official.(h) The board may consolidate any hearing held under the provision of this rule with a hearing required by federal law. Source Note: The provisions of this §155.23 adopted to be effective January 1, 1976. 4 SCHOOL LAND BOARD 155 LAND RESOURCES B PRACTICE AND PROCEDURE FOR STATE-OWNED LANDS AND FLATS §155.23 Hearing Procedure https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3626&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3626 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3626&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3626 03/11/2026 (a) The board may require that a draft environmental impact statement be prepared in accordance with either §155.4(b) or (c) of this title (relating to Permits), depending on the nature, magnitude, and extent of activities and uses proposed on state-owned lands and flats. The scope and depth of information included within the draft environmental impact statement will usually be related to the magnitude of the proposed project and the potential environmental impact.(b) The draft environmental impact statement is an assessment of the impact of the proposed action or project upon the variety of existing environmental elements and factors. This environmental assessment is multidisciplinary and may involve any number of scientific, economic, and social disciplines, all of which should be employed in discussing the following main points which comprise the draft environmental impact statement:(1) a description of the proposed action or project including information and adequate technical data to permit careful assessment of impact;(2) the probable impact of the proposed action or project on the environment;(3) any probable adverse environmental effects which cannot be avoided;(4) alternatives to the proposed action or project;(5) the relationship between local short-term uses of man's environment and the maintenance and enhancement of long-term productivity;(6) any irreversible and irretrievable commitments of resources which would be involved in the proposed action or project, should it be implemented;(7) where appropriate, a discussion of problems and objections raised by other federal, state, and local agencies and by private organizations and individuals;(8) such additional information as the board may deem necessary.(c) A draft environmental impact statement will be required in accordance with these guidelines for a project considered by the board to have a significant impact on the environment. The phrase "a significant impact on the environment' will be construed by the board with a view to the overall, cumulative impact of the proposed use, related and contemplated actions and projects by cities and navigation districts in the area, and current and contemplated actions and projects in the area by other entities. The board is cognizant that the effect of a project or complex of projects can be individually insignificant but cumulatively significant, and will require a draft environmental impact statement in accordance with these guidelines if it is reasonable to anticipate a cumulatively significant impact on the environment from a proposed activity or from a combination of current and proposed activities in any particular area. Such statement should address the following unless specifically waived by the board:(1) location of the coastal public lands or state-owned lands or flats for which a lease is sought. This information should be in the form of an up-to-date National Ocean Survey (formerly Coast and Geodetic Survey) nautical chart depicting the location of the area in relation to U.S.G.S. bench marks. The map called for by this subsection is in addition to any additional map or survey plats which may be required of an applicant as a part of the application for a lease;(2) a detailed description of the proposed use of the state-owned lands or flats. The information called for by this subsection relates only to the dredging, filling, excavating, bulkheading, construction, or other activity or to that portion of such activities which takes place upon state-owned lands. Information concerning such activities upon privately-owned land, of which the proposed activities upon state-owned land may be a component is required by the following subsection. The description called for by this subsection should cover such points as kind of structure or facility proposed, construction techniques, materials to be used, time frame in which construction is to take place, expected period of operation of the structure or facility, kind, extent, and frequency of any maintenance construction or activity which may be necessary, and expected or possible fluctuations in operation or use of the proposed activity, structure, or facility. The information herein required will be acceptable if in the form of drawings, charts, or reports, and should be submitted in such form if clarity and conciseness will be served. If appropriate, the drawings or diagrams may be incorporated into the map called for in the preceding section. If the proposed activity upon or use of state-owned lands involves dredging, excavating, filling, or dredged material disposal, the applicant should also provide the information called for in paragraph (15) et seq. of this subsection;(3) a detailed description of the activity, structure, or facility upon district or privately-owned land, if any, of which the proposed activity, use, structure, or facility upon state-owned land is a component. The points set out in subsection (b) of this section should be covered; the information may be submitted in the form of drawings, charts, or reports, and may be incorporated into the map called for in paragraph (1) of this subsection;(4) the full extent, indicated upon the map called for by paragraph (1) of this subsection, of any and all contemplated future activities, structures, or facilities of which the activities, structures, or facilities covered by paragraphs (2) and (3) of this subsection are, or may be, components. Include also a brief description of other projects in the area-current, proposed, or completed-in which the applicant is, has been, or will be involved. If this subsection is not applicable, the applicant should so state;(5) a statement of the purpose to be served by the activities, structures, or facilities described in paragraphs (2), (3), and (4) of this subsection, and a complete analysis of the need for such activities, structures, or facilities. Any population or economic growth assumptions upon which the need for the proposed activity, structure, or facility is premised, are to be identified and the sources cited. The applicant should take care to distinguish between projects which are proposed in response to and in order to meet anticipated economic and population growth, on the one hand, and projects which are proposed to stimulate and encourage economic and population growth in a particular area, on the other hand. The applicant should, in addition, specifically state whether its proposed project is properly included in the first group identified above, in the second group, or in some other classification;(6) a detailed description of the environment which will be affected by the activities, structures, or facilities described in paragraphs (2)-(4) of this subsection. This description should include detailed data on the following environmental considerations of the area as the area exists prior to initiating the proposed activity, structure, or facility, indicating unique features under any category:(A) Air quality, climate, and weather;(B) Noise factors;(C) Water resources. Water quality and hydrography, including updated water depths, circulation, salinity, and temperature, should be presented on United States Geological Survey base maps, National Ocean Survey nautical charts, or other suitable base maps. The location and rates of freshwater inflows to the area, the water quality of the bays and estuaries in the area, and the water quality of the rivers and smaller streams in the area are to be also indicated;(D) Geology, topography, and soils. The applicant should provide descriptions and map the location of geologic formations, soil types, mineral resources, construction materials present and any areas of erosion, accretion, or subsidence;(E) Vegetation. Submergent and emergent macrophytes and planktonic flora in the aquatic system and the vascular plants of the terrestrial system should be surveyed seasonally and mapped with respect to plant communities present. For each community during a given season, provide a measure of species diversity and dominance, as well as a direct measure or index of biomass. Include an expanded list of plant species found in the impacted area as well as range maps and population density estimates for any rare or endangered plant species;(F) Fauna. Plankton (including phytoplankton), nekton, and benthos in the aquatic system and important invertebrates (e.g., important food chain organisms, pest species, etc.) and all vertebrates in the terrestrial system should be surveyed and listed with indication of seasonal abundance and occurrence. For each group in the aquatic system seasonal and annual estimates of species diversity and dominance should be provided, along with an appropriate measure or index of abundance. Quantitative population estimates should be made of terrestrial vertebrates of economic significance and of others particularly suited to census. Annotate species lists with subjective evaluations of occurrence and abundance for all vertebrate animals not censused. In both systems annotate species lists to indicate any rare or endangered species, and for these species, provide range maps and population estimates. Describe and map any environmentally sensitive areas such as bird nesting colonies or important feeding grounds, stopover areas where migratory birds become concentrated in spring and fall, intertidal marsh areas, oyster reefs, important spawning or nursery grounds for fish and shellfish, and fish migratory routes and passes. Based upon the information gained from inventory studies, a discussion of species-environment interrelationships should be provided such that the impacts of the proposed activity can be predicted and evaluated. The discussion should describe functional aspects of community organization such as area usage, trophic relationships, and food webs, and life histories of important animals and plants as they are relevant to community dynamics. An assessment of community uniqueness and importance to surrounding areas is requisite in this paragraph;(G) Sites of special scenic, archeologic, or historic significance;(H) Current land use (mapped) and land use history of the general area;(I) A concise summary of unique or significant features mentioned above (e.g., endangered species, archeological sites, unusual plant communities).(7) the relationship of the proposed activities, structures, or facilities to land use, air quality, water quality, and waste disposal plans, policies, and controls for the impacted area. Include up-to-date maps depicting existing and use plans for the area and letters of assurance or other evidence of planning coordination with the concerned federal, state, and local agencies. Where a conflict or inconsistency exists, describe the extent to which the applicant has reconciled its proposed action with the plan, policy, or control, and the reasons the applicant has decided to proceed notwithstanding the absence of full reconciliation;(8) the probable environmental impact of the proposed action. Assess the probable impacts of specific activities, structures, and/or facilities which are proposed, upon the variety of existing environmental elements and factors inventoried in paragraph (6) of this subsection. Both direct (or primary) and indirect (or secondary) consequences for the environment should be included in the assessment. Secondary consequences of the proposed project could include, for example, population growth, economic growth, and demands upon the resource base of the impacted area. If the economic and population growth impacts are expected to be substantial, the applicant should identify where applicable, and discuss the implications of other proposed, approved, or current federal, state, or local plans, policies, or controls for accommodating such growth. Each impact should be documented and qualified to the extent possible. Attach as an appendix a copy of original field/lab data obtained during quantification. Where significant environmental impact is generated, discuss alternatives considered and explain the measures which are proposed to minimize undesirable impact;(9) unavoidable adverse environmental impacts. Summarize those effects discussed in paragraph (8) of this subsection which are adverse and unavoidable under the proposed action;(10) projected monetary cost/benefit analysis. Any price, cost, or benefit assumptions, especially those regarding fuel and water use, transportation, and recreation should be stated explicitly. All parameters under paragraph (6) of this subsection should be considered from an economic viewpoint and their calculated economic value substantiated. Estimated social and environmental costs are to be included in the analysis. Indicate the extent to which such costs have not been reflected;(11) the relationship between local short-term uses of man's environment and the maintenance and enhancement of long-term productivity. Discuss the extent to which the proposed action involves trade-offs between short-term environmental gains at the expense of long-term losses, or vice versa. Describe the cumulative and long-term effects of the proposed action which significantly reduce or enhance the state of the environment for future generations. Identify effects which narrow the range of beneficial uses for the future or pose long-term risks to health or safety. Explain why the proposed action is believed to be justified now, at the expense of reserving a long-term option for other alternatives;(12) alternatives to the proposed action. A rigorous exploration and objective evaluation of the environmental impacts of all reasonable alternative actions, particularly those that might enhance environmental quality or avoid some or all of the adverse environmental effects, is essential. The discussion should cover alternatives which require actions of a significantly different nature which would provide similar benefits with different environmental impacts; alternatives related to different design or details of the proposed project which would present different environmental impacts; alternative measures to provide for compensation of fish and wildlife losses, including the acquisition of land, waters, and interests therein; and the alternatives of taking no action or of postponing action pending further study. Discussion of the alternatives and their impacts should conform generally to the requirements herein for discussion of the proposed activity, structure, or facility. In each case, the analysis and discussion should be sufficiently detailed to reveal the applicant's comparative evaluation of the environmental benefits, costs, and risks of the proposed action and of each reasonable alternative. Where an existing impact statement already contains such an analysis, its treatment of alternatives may be incorporated provided that such treatment is current and relevant to the precise purpose of the proposed action;(13) an indication of what other interests and considerations of state policy are thought to offset the adverse environmental effects of the proposed activity, structure, or facility. This subsection should also indicate the extent to which these stated compensating benefits could be realized by following reasonable alternatives that would avoid all or some of the adverse environmental effects;(14) a discussion of problems and objections. Briefly discuss any objections, complaints, or problems which have been voiced against the proposed activity, structure, or facility, particularly those raised at public meetings;(15) if the proposed activity upon or use of state-owned lands involves dredging, excavating, filling or dredged material disposal, the environmental impact statement must specifically cover the following points, in addition to those covered in paragraphs (1)-(14) of this subsection;(A) dredging and excavating (including any activity which consists of the removal or movement of earth from a bay, channel, stream, salt water or brackish lake, or other water body);(i) Describe the following:(I) the bottom characteristics and benthic communities in the impacted area;(II) the method of dredging to be used;(III) secondary changes which occur from sedimentation and water quality degradation due to disturbances from dredging;(IV) the effects of dredging activity on water quality;(V) any extraneous material such as submerged cables, piles, pipelines, pipes, and other trash which must be removed, and the method to be used for the disposal of such;(ii) State the quantity of material to be removed.(iii) Describe the measures which will be taken to reduce adverse environmental impact (e.g., keeping erosion, turbidity, and siltation at the lowest possible level), and the procedures to be used to minimize impacts, such as silt screens, diapers, etc., and coordinating dredging activities with fishery and wildlife agencies to minimize the impact of unavoidable water quality degradation, noise pollution, etc.(iv) Discuss in detail all alternatives to the proposed activity including the alternatives of no action and of choosing a different site.(v) Discuss in detail the impacts resulting from choosing a different site.(vi) Describe any irreversible and irretrievable commitment of resources, and specifically address the issue of whether the project will result in the commitment of the water body to a single-use purpose (such as navigation) at the expense of long-range environmental values.(vii) State whether the project will result in a long-term or a short-term economic gain, and whether the gain is worth the environmental cost.(B) filling (including dredged material disposal and any other activity which consists of the disposal of material, including material removed by excavating, by placing such material on dry upland areas, adjacent wetlands, or into deep water areas);(i) Describe the following:(I) the location and characteristics of the proposed disposal site;(II) the present land use of the disposal site;(III) the characteristics and origin of the material to be disposed, including nature and quality and quantity of material to be disposed, dewatering properties, compactability and settling rates of material to be disposed;(IV) disposal schedule and the relation to migration and feeding habits of fish and wildlife.(ii) Discuss the relationship of the applicant's disposal plans to any proposed, approved, or implemented comprehensive plan or policy for filling and dredged material disposal.(iii) Discuss the following:(I) the method of disposal to be utilized;(II) the characteristics of ground water and/or surface water at the site;(III) the type of leachates to be produced from the disposed material and plans for protection of water quality at the site;(IV) Provisions for monitoring during discharge and precautions to prevent dumping at areas other than the disposal site.(iv) Discuss impacts of disposal on water quality, on the fill or disposal area, on aquatic and wildlife in adjacent areas, on potential for erosion (at land disposal sites), on hydrologic patterns and possible interference with littoral drift patterns and circulation. Include a description of measures taken to reduce environmental impact, e.g., weirs, levees, dikes, etc.(v) Discuss all alternatives including no action, reduced scope of action, different disposal site, different types and methods of dredging and disposal, and alternatives to dredging.(vi) Discuss in detail the impacts resulting from choosing a different disposal site.(vii) State whether the project will result in a long-term or a short-term economic gain, and whether the gain is worth the environmental cost.(viii) Describe any irreversible and irretrievable commitment of resources, including effects of the project on possible loss of wildlife habitat and disruption of wildlife activities, and specifically address the issue of whether the project will result in the commitment of a water body or land area to a single use purpose at the expense of long-term environmental values.(16) in developing the above points, the applicant should make every effort to convey the required information succinctly and in a form easily understood by members of the public and by public decisions makers. These guidelines are intended to be flexible to the extent that each point need not always occupy a distinct subsection if it is otherwise adequately covered. Any underlying studies, reports, or other information obtained and considered in preparing the statement should be footnoted and provided to the board;(17) list the names and qualifications of the persons and/or concerns who prepared the environmental impact statement. The board recommends an interdisciplinary approach, including representatives from the natural and social sciences and environmental design technology. Source Note: The provisions of this §155.24 adopted to be effective January 1, 1976. 4 SCHOOL LAND BOARD 155 LAND RESOURCES B PRACTICE AND PROCEDURE FOR STATE-OWNED LANDS AND FLATS §155.24 Content of Draft Environmental Impact Statement https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82716&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 82716 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82716&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 82716 03/11/2026 (a) Definitions. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) commissioner--The commissioner of the General Land Office.(2) GLO--The General Land Office.(3) land trade lands--Lands, the surface of which have been sold or traded with both mineral rights and leasing rights retained by the state.(4) person--Any individual, partnership, corporation, association, or other legal entity.(5) PSF--The Permanent School Fund.(6) Relinquishment Act lands--Any public free school or asylum lands, whether surveyed or unsurveyed, sold with a mineral classification or reservation between September 1, 1895, and August 21, 1931. For the purposes of this chapter and for convenience, the term "Relinquishment Act lands" shall encompass any other lands, including vacancy lands, patented with all minerals reserved to the state and expressly made subject to the leasing terms and procedures governing Relinquishment Act lands.(7) Relinquishment Act leases--Leases of Relinquishment Act land issued for the development of geothermal energy and related resources pursuant to Texas Natural Resources Code, Chapter 141.(8) RRC--The Texas Railroad Commission.(9) SLB --The School Land Board.(10) TDCJ--The Texas Department of Criminal Justice.(11) TPWD--The Texas Parks and Wildlife Department.(b) Exploration and development guide. For exploration and development for oil and gas, see Chapter 9 of this title (relating to Exploration and Leasing of State Oil and Gas). For exploration and development for minerals other than oil and gas, see Chapter 10 of this title (relating to Exploration and Development of State Minerals Other Than Oil and Gas). Geothermal Energy and related resources are explored for and leased in the following ways, depending upon the type of land.(1) PSF lands: upland, submerged, and state-owned riverbeds and channels. Under prospect permits and leases issued by the commissioner and SLB or by sealed bid. See the Texas Natural Resources Code, Chapter 141, Subchapter C; §155.41 of this title (relating to Prospect Permits on State Lands); §155.42 of this title (relating to Mining Leases on Properties Subject to Prospect); and §155.43 of this title (relating to Exploration and Mining Leases for Minerals Subject to Sealed Bid).(2) Relinquishment Act lands: Leased by surface owner as agent for the state. See the Texas Natural Resources Code, Chapter 53, Subchapter C; Chapter 141, Subchapter C; and §155.44 of this title (relating to Mining Leases on Relinquishment Act Lands).(3) Land trade lands: Under prospect permits and/or leases issued by the commissioner and SLB. See the Texas Natural Resources Code, Chapter 53, Subchapter B; Chapter 141, Subchapter C; §155.41 of this title (relating to Prospect Permits on State Lands) and §155.42 of this title (relating to Mining Leases on Properties Subject to Prospect). Source Note: The provisions of this §155.40 adopted to be effective November 15, 2000, 25 TexReg 11290. 4 SCHOOL LAND BOARD 155 LAND RESOURCES C EXPLORATION AND DEVELOPMENT OF GEOTHERMAL ENERGY AND ASSOCIATED RESOURCES ON PERMANENT SCHOOL FUND LAND §155.40 Definitions; Exploration and Development Guide https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82715&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 82715 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82715&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 82715 03/11/2026 (a) Lands subject to prospecting. See §155.40 of this title (relating to Definitions; Exploration and Development Guide) to determine which lands are subject to prospect permit procedures. Generally, PSF fee lands and land trade lands are subject to prospecting under this subchapter.(b) Application requirements and procedures.(1) Any person, firm, or corporation desiring to apply for a prospect permit shall make written application upon the form prescribed and furnished by the GLO. The application to prospect shall include:(A) A description of the tract of land which identifies it by the section number, part of section or survey to be prospected, township number, and/or certificate number, if applicable, survey name, block number, number of acres to be prospected, and county or counties in which the land lies and, if land trade lands, the name and address of surface owner of record in the tax assessor's office; and(B) The name, address, phone number, and taxpayer ID number of the applicant. If the applicant is a corporation, the corporate name, address, phone number, taxpayer ID number, the name of the officer authorized to execute applications for permits and leases, and written evidence confirming that it is not delinquent in paying its franchise taxes.(2) The application to prospect may be for a part of a section if the part is described by field notes of record in the GLO or if the part can accurately be described as a part of the section such as the NE/4.(3) The application to prospect shall be accompanied by the filing fee prescribed by §1.3 of this title (relating to Fees) and, except as otherwise provided in §155.44 of this title (relating to Mining Leases on Relinquishment Act Lands), a prospecting fee payment of $1.00 per acre.(4) Within 10 days of receipt of an application for permit on lands whose surface is owned or leased by TPWD or is subject to a conservation easement in favor of TPWD, the GLO shall notify the executive director of the TPWD that an application for permit has been received.(5) Permits or immediate leases issued under §155.42(b)(1) of this title (relating to Mining Leases on Properties Subject to Prospect) will be issued on the basis of the order in which applications to prospect are received. An application will be determined to be received on the date and time receipt is acknowledged by the mailroom staff of the GLO.(6) If an application to prospect is received for a tract of land encumbered by a previously received application or by a valid prospect permit, the application will be rejected and the applicant will be notified and all monies tendered will be refunded upon request.(7) An applicant may request that the application to prospect be withdrawn. If the request is received prior to processing of the prospect permit, all monies tendered will be refunded.(8) An applicant may be requested to supplement the application with information in order that the GLO may determine whether prospecting will be conducted in good faith and in an orderly and environmentally responsible manner.(c) Prospect permit issuance and requirements.(1) After the application requirements have been satisfied and the commissioner has determined that mineral development is in the best interest of the state, a prospect permit will be issued on a form prescribed and furnished by the GLO.(2) The prospect permit will be for a term of one year from the date of application.(3) On the same day a permit is issued under this section on land whose surface is owned or leased by TPWD or is subject to a conservation easement in favor of TPWD, the GLO will notify TPWD of the issuance of the permit. The permit issued on such land will state that the surface of such land is owned or leased by TPWD or is subject to a conservation easement in favor of TPWD.(4) On land trade lands, the GLO will notify the surface owner that a permit has been issued if the surface owner requests such notice in writing by furnishing the GLO with a current mailing address and a legal description of each tract on which he desires such notice. Notice will also be sent to the surface owner at the address supplied on the application form. Failure to receive notice will not affect the validity of a permit issued under this section.(d) Prospect permit renewal.(1) Permittee may request a renewal of a permit by tendering the appropriate prospecting fee payment and filing fee before the expiration date of the current permit. Prospect permit renewals, if granted, will be issued on a form prescribed and furnished by the GLO and shall extend the term of the permit for one year from the expiration date.(2) Subject to the discretion of the commissioner, a prospect permit may be renewed up to and including four times, allowing the holder to retain the permit for five consecutive years from the date of issuance of the original prospect permit. At the time a permittee requests renewal of a permit, a determination of whether the permittee has exhibited good faith in prospecting and whether the permittee has complied with all SLB rules and regulations will be considered in the decision to grant or deny a renewal.(3) If the holder of a prospect permit allows the permit to expire without filing for renewal, a new application must be submitted. Priority of competing applications is governed by subsection (b)(5) of this section.(e) Assignments and releases. Prospect permits may be assigned or released in accordance with §155.47 of this title (relating to Assignments, Releases, Reports, Royalty Payments, Inspections, Forfeitures, and Reinstatements). The assignment or release must be filed with GLO and must be accompanied by the filing fee prescribed by §1.3 of this title (relating to Fees).(f) Reports and inspections.(1) Permittee must comply with all requirements of §155.46 of this title (relating to Conduct of Exploration and Mining Operations) and §155.47 of this title (relating to Assignments, Releases, Reports, Royalty Payments, Inspections, Forfeitures, and Reinstatements).(2) All prospecting operations shall be subject at any time to inspection by the commissioner or an authorized representative. Information or data pertaining to prospecting operations shall be furnished to the commissioner or an authorized representative upon request. Source Note: The provisions of this §155.41 adopted to be effective November 15, 2000, 25 TexReg 11290. 4 SCHOOL LAND BOARD 155 LAND RESOURCES C EXPLORATION AND DEVELOPMENT OF GEOTHERMAL ENERGY AND ASSOCIATED RESOURCES ON PERMANENT SCHOOL FUND LAND §155.41 Prospect Permits on State Lands https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160458&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 160458 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160458&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 160458 03/11/2026 (a) Lands subject to lease. Those tracts of land subject to prospect permit are subject to lease under this section. See §155.40 of this title (relating to Definitions; Exploration and Development Guide).(b) Lease application requirements and procedures.(1) In an application for prospect permit on a state tract, an applicant may indicate that geothermal energy and related resources are located on the state tract and request an immediate issuance of a lease on that tract. A lease may be issued to the applicant in lieu of a prospect permit if the commissioner determines that geothermal energy and related resources are located on the state tract, if applicant's application for prospect permit was received first under §155.41(b)(5) of this title (relating to Prospect Permits on State Fee Lands), and if the SLB approves the application.(2) At any time during the effective period of a prospect permit, the permittee may submit an application to lease the area covered by the prospect permit or a designated portion thereof.(3) Application to lease shall include:(A) An identification of the applicant's prospect permit(s);(B) The date of issuance of the prospect permit(s);(C) A description of the tract(s) of land which identifies the area to be leased by section number, part of the section or survey to be leased, block number, township number, and/or certificate number, if applicable, survey name, number of acres contained in the section, and county or counties in which the land lies and, if land trade lands, the name and address of surface owner of record in the tax assessor's office;(D) The name, address, phone number, and taxpayer ID number of a non-corporate applicant;(E) The corporate name, phone number, taxpayer ID number, address, the name of the officer authorized to execute permits and leases, and written evidence confirming that a corporate applicant is not delinquent in paying its franchise taxes;(F) Statement of the applicant's proposed lease terms; and(G) Field notes describing the area to be leased, if such area is less that that covered by the prospect permit and cannot be accurately described as a part of the section, such as NE/4. The field notes must be prepared either by a licensed state land surveyor or the elected or appointed county surveyor of the county in which the land is located pursuant to Texas Natural Resources Code §21.011.(4) The TPWD may review the leasing of lands whose surface is owned or leased by TPWD or is subject to a conservation easement in favor of TPWD, but whose minerals are subject to lease under this section. Within 10 days of receipt of an application to lease on such lands, the GLO shall notify the executive director of TPWD.(5) The application to lease shall be accompanied by a filing fee prescribed by §1.3 of this title (relating to Fees) and the proposed lease bonus payment that shall not be less than $2.00 per acre.(6) In order to fully evaluate the application to lease, GLO staff may request that an applicant submit additional information, including information about the proposed mining operation.(7) Each application to lease shall be subject to the approval of SLB in order to determine whether the lease is in the best interest of the state by considering the following:(A) Whether the proposed lease terms and conditions are in conformity with the Texas Natural Resources Code, §141 et seq., and this subchapter;(B) Whether the proposed lease terms are comparable to the best leases in the area which cover the same mineral or minerals;(C) Whether the proposed lease terms are compatible with other valuable uses of the leased premises; and(D) Whether the lease terms adequately compensate the PSF for the loss of other valuable uses of the leased premises.(8) If the SLB rejects an application to lease, the applicant will be notified and will be advised of the specific reasons for the denial.(c) Issuance of mining lease.(1) Leases will be upon a form prescribed and furnished by the GLO and will include those provisions the commissioner considers necessary for the protection of the interests of the state.(2) Upon approval of an application to lease, a lease will be prepared with the appropriate terms and conditions, signed by the commissioner, affixed with the seal of the GLO, and delivered to the lessee.(3) On the same day that a lease is issued under this section on land whose surface is owned or leased by TPWD or is subject to a conservation easement in favor of TPWD, the GLO shall notify TPWD of the issuance of the lease. Such lease shall state that the surface of such land is owned or leased by TPWD or is subject to a conservation easement in favor of TPWD.(4) On land trade lands, the GLO will notify the surface owner that a lease has been issued if the surface owner requests such notice in writing by furnishing the GLO with a current mailing address and a legal description of each tract on which he desires such notice. Notice will also be sent to the surface owner at the address supplied on the application form. Failure to receive notice will not affect the validity of a lease issued under this section.(5) Leases shall be recorded in each county in which the state's property is located. After recordation, lessee shall obtain a certified copy of the recorded lease from the county clerk. Lessee shall send such certified copies to the GLO within 90 days of the date of recordation.(d) Minimum terms and conditions.(1) The term of a mining lease for geothermal energy and related resources shall be determined by the SLB on a case by case basis.(2) The lease bonus shall be not less than $2.00 per acre.(3) The annual rental payments thereafter during the primary term shall be not less than $1.00 per acre.(4) The royalty shall be not less than one-sixteenth of the value of the minerals produced under said lease.(5) The lease may provide for both an advance royalty provision and a shut-in royalty. The shut-in royalty provision shall allow the lease to be maintained in one-year increments for a total of five consecutive years.(6) Upland leases must include a provision requiring the payment of damages for the use of the surface in prospecting for, exploring, developing, or producing the leased minerals. The amount of damages for use of the surface will be determined through negotiations with GLO staff, approved by the SLB, and incorporated in each lease form.(7) Lessee shall conduct all mining operations in compliance with state and federal laws and §155.46 of this title (relating to Conduct of Exploration and Mining Operations).(e) Assignments, releases, reports, inspections, forfeiture, and reinstatement. Leases issued under this section are subject to all general provisions covered in §155.47 of this title (relating to Assignments, Releases, Reports, Royalty Payments, Inspections, Forfeitures, and Reinstatements). Source Note: The provisions of this §155.42 adopted to be effective November 15, 2000, 25 TexReg 11290; amended to be effective February 3, 2013, 38 TexReg 383. 4 SCHOOL LAND BOARD 155 LAND RESOURCES C EXPLORATION AND DEVELOPMENT OF GEOTHERMAL ENERGY AND ASSOCIATED RESOURCES ON PERMANENT SCHOOL FUND LAND §155.42 Mining Leases on Properties Subject to Prospect https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82711&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 82711 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82711&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 82711 03/11/2026 (a) Lands subject to lease. PSF lands are subject to lease by sealed bid for the development of geothermal energy and related resources. See §155.40 of this title (relating to Definitions; Exploration and Development Guide) for lands that are subject to lease under these sealed bid procedures.(b) Nomination, advertising, and award of tracts.(1) Nominations, setting of terms and conditions, evaluation of sealed bids, advertising, and awards are administered by the SLB under Chapter 151 of this title (relating to Operations of the School Land Board).(2) On land trade lands, the GLO will notify the surface owner that a lease has been issued if the surface owner requests such notice in writing by furnishing the GLO with a current mailing address and a legal description of each tract on which he desires such notice. Failure to receive notice will not affect the validity of a lease issued under this section.(3) TPWD may review the leasing of lands whose minerals are subject to lease under this section but whose surface is owned or leased by TPWD or is subject to a conservation easement in favor of TPWD. If such lands are nominated for lease, the GLO shall notify the executive director of TPWD of such nomination. On the same day as a lease is issued on such lands, the TPWD will be notified of the issuance of the lease. Such lease will state that the surface of such land is owned or leased by TPWD or is subject to a conservation easement in favor of TPWD.(c) Minimum terms and conditions.(1) Terms and conditions of leases will be set by the SLB for each lease sale and will be included in the notice for bids.(2) The royalty reserved to the state shall be not less than one-sixteenth of the value of the geothermal energy and related resources that may be produced.(3) Upland leases issued under this section must include a provision requiring the payment of damages for the use of the surface in prospecting for, exploring, developing, or producing the leased minerals. The amount of damages for use of the surface will be included in the notice for bids and incorporated in each lease form.(4) Lessee shall conduct all mining operations and reporting requirements in compliance with state and federal laws and §155.46 of this title (relating to Conduct of Exploration and Mining Operations).(d) Assignments, releases, reports, inspections, forfeitures, and reinstatements. Leases issued under this section are subject to all general provisions covered in §155.47 of this title (relating to Assignments, Releases, Reports, Royalty Payments, Inspections, Forfeitures, and Reinstatements). Source Note: The provisions of this §155.43 adopted to be effective November 15, 2000, 25 TexReg 11290. 4 SCHOOL LAND BOARD 155 LAND RESOURCES C EXPLORATION AND DEVELOPMENT OF GEOTHERMAL ENERGY AND ASSOCIATED RESOURCES ON PERMANENT SCHOOL FUND LAND §155.43 Exploration and Mining Leases for Minerals Subject to Sealed Bid https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82707&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 82707 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82707&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 82707 03/11/2026 (a) Lands subject to lease.(1) Any survey or portion of a survey of Relinquishment Act land, as this term is uniquely defined in §155.40(a)(6) of this title (relating to Definitions; Exploration and Development Guide), is subject to lease under this section.(2) All minerals are subject to lease by the surface owner as agent for the state. For purposes of this section, minerals include all substances commonly classified as minerals including geothermal energy and related resources even though they may be extracted by methods that destroy the surface. Minerals other than oil and gas may be leased together or separately. Oil and gas must be leased under the terms of Chapter 9 of this title (relating to Exploration and Leasing of State Oil and Gas).(b) Authority and duties of agent. Authority and duties of the owner of the soil are described in Texas Natural Resources Code §53.074 (Authority and Duties of Agent). The owner of the soil may lease Relinquishment Act land pursuant to Texas Natural Resources Code §53.081.(c) Lease negotiation procedure.(1) The surface owner is authorized to act as the state's leasing agent with any person, firm, or corporation desiring to develop PSF lands for geothermal energy and related resources.(2) The lease shall be negotiated by the surface owner and the prospective lessee on a form prepared and furnished by the GLO, which will incorporate the terms and conditions prescribed by the SLB.(3) The proposed lease shall be submitted to the GLO for approval prior to recording the lease in the county records.(d) Approval and filing of lease.(1) The SLB may reject or refuse for filing any lease deemed not in the best interest of the state.(2) Upon rejection of a proposed lease by the SLB, the prospective lessee will be given written notice which will specify the reasons for the rejection and any changes, deletions, or additions which would render the lease acceptable.(3) Upon receipt of approval of the lease, the prospective lessee shall finalize the lease and have the lease recorded in the county or counties in which the land lies and shall file a certified copy of the lease with the GLO. Leases are not effective until approved and filed in the GLO.(4) The state's share of the approved bonus payment and the filing fee prescribed by §1.3 of this title (relating to Fees) shall be submitted along with the certified copy of the lease. Any lease is void unless it recites the actual consideration paid or promised for the lease.(5) A surface owner, as the state's agent, owes the state a fiduciary duty. This fiduciary responsibility must be of paramount concern when a surface owner enters lease negotiations.(e) Lease terms and conditions.(1) Lessee shall pay bonus, rentals, royalties, and other lease considerations as follows.(A) On leases executed before September 1, 1987, lessee shall pay to the state 60% of all bonuses, rentals, and royalties and other considerations agreed upon. Lessee shall pay to the surface owner 40% of all consideration agreed upon.(B) On leases executed on or after September 1, 1987, lessee shall pay to the state 80% of all consideration agreed upon. Lessee shall pay to the surface owner 20% of all consideration agreed upon.(2) In the event of production, the state must receive not less than one-sixteenth of the value of the geothermal energy and related resources produced. The combined royalty payable to the surface owner and the state will be expressly provided for in the lease negotiated by the surface owner.(3) All royalties and other payments accruing to the state shall be paid to the state through the commissioner at Austin, and shall be deposited to the PSF.(f) Reports, assignments, releases, inspection, forfeitures, and reinstatements. Leases issued under this section will be governed by all general provisions found in §155.46 of this title (relating to Conduct of Exploration and Mining Operations) and §155.47 of this title (relating to Assignments, Releases, Reports, Royalty Payments, Inspections, Forfeitures, and Reinstatements). However, a lease issued under this section cannot be assigned to the surface owner who executed the lease.(g) Leasing procedure when agent cannot be located. If a potential lessee cannot locate a surface owner, such lessee can follow the procedures set out in the Texas Natural Resources Code, §52.186. Once these procedures have been followed, Relinquishment Act land will be leased for minerals other than oil and gas through the prospect permit and leasing procedures found in §155.41 of this title (relating to Prospect Permits on State Lands) and §155.42 of this title (relating to Mining Leases on Properties Subject to Prospect). The state will receive all the consideration paid under such a lease.(h) Leasing procedure when agent's rights are forfeited.(1) When a surface owner's agency rights have been forfeited, the land shall be subject to lease for minerals other than oil and gas under the procedures set out in §155.40 of this title (relating to Definitions; Exploration and Development Guide) and §155.41 of this title (relating to Prospect Permits on State Lands).(2) When a new lease is executed under subsection (h)(1) of this section, the surface owner shall not be entitled to any share of the revenue generated by such lease, but the surface owner's agency rights will be ipso facto reinstated upon expiration of the new lease. Source Note: The provisions of this §155.44 adopted to be effective November 15, 2000, 25 TexReg 11290. 4 SCHOOL LAND BOARD 155 LAND RESOURCES C EXPLORATION AND DEVELOPMENT OF GEOTHERMAL ENERGY AND ASSOCIATED RESOURCES ON PERMANENT SCHOOL FUND LAND §155.44 Mining Leases on Relinquishment Act Lands https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82710&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 82710 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82710&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 82710 03/11/2026 (a) Application for production agreement. A proposed unit agreement for geothermal energy and related resources shall set out:(1) The total acreage in the unit, the number of state acres in the unit, and number of privately owned acres in the unit;(2) A listing of the leases included within the proposed unit and recording information for such leases in the public records;(3) A plat outlining the entire unit and showing in red the state acreage included in the unit;(4) How production is to be allocated to each lease; and(5) For each state lease, the state's royalty interest and any costs or deductions allowed against that interest.(b) Approval of unit agreement.(1) Any unit agreement that proposes to commit royalty interests in PSF lands or state agency lands shall be submitted to the GLO pooling committee for examination, investigation, and presentation to the SLB or the appropriate board for lease.(2) Upon determination by the SLB that the unit agreement applied for is in the best interests of the state, the unitization will be approved.(3) Any unit agreement that covers lands leased under §155.44 of this title (relating to Mining Leases on Relinquishment Act Lands) shall be executed by the surface owner before consideration by the SLB. Any such unit agreement must be approved by the SLB under this section before it is effective.(4) Any unit agreement that proposes to commit royalty interests in state lands or areas other than PSF lands must be approved by the appropriate board for lease and must be found to be in the best interests of the state.(c) Provisions of unit agreement. A unit agreement may contain the following provisions:(1) That operations incident to the drilling of a well upon any portion of the unit shall be deemed for all purposes to be the conduct of such operations upon each tract in the unit;(2) That the production allocated by the agreement to each tract included in a unit shall, when produced, be deemed for all purposes to have been produced from such tract;(3) That the state's royalty interest shall be paid only on that portion of the production from the unit which is allocated to the tract in accordance with the agreement;(4) That each lease included in the unit shall remain in effect so long as the agreement remains in effect, and that upon termination of the agreement each lease shall thereafter continue in effect under its own terms and provisions;(5) Such other terms, conditions, and provisions as may be deemed to be in the best interest of the state.(d) Rule of construction. No term, condition, or provision of an approved unit agreement shall be read to burden an interest of the state with any cost, liability, or be read to otherwise adversely impact upon the state's interest unless such burden or adverse impact was expressly raised before and approved by the SLB or appropriate board for lease. Source Note: The provisions of this §155.45 adopted to be effective November 15, 2000, 25 TexReg 11290. 4 SCHOOL LAND BOARD 155 LAND RESOURCES C EXPLORATION AND DEVELOPMENT OF GEOTHERMAL ENERGY AND ASSOCIATED RESOURCES ON PERMANENT SCHOOL FUND LAND §155.45 Unit Agreements for Geothermal Energy and Related Resources https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82709&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 82709 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82709&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 82709 03/11/2026 (a) Purpose and scope.(1) It is the intent of this section to set minimum standards of conduct for lessees on state properties leased or permitted under this subchapter with respect to exploration and development operations for resources associated with geothermal energy that are not regulated by the RRC, Texas Natural Resources Conservation Commission, the United States Environmental Protection Agency, their successor agencies, or other appropriate authorities.(A) The GLO may include specific and express restrictions and standards concerning exploration and development in each lease and in each plan of operations it approves;(B) If the minimum standards of conduct in this section conflict with express provisions in a lease form or in an approved plan of operations, then the express provisions will control; and(C) The commissioner may grant, in accordance with the law, written exceptions to the minimum standards and procedural rules found in this section if the commissioner makes a written determination that such exceptions are in the best interests of the PSF.(2) This section shall not apply to leases executed prior to the date of acceptance of these rules unless the lease specifically requires a plan of operations. Holders of active permits shall be required to comply with the provisions of this section regardless of the date of issue.(3) Operations for geothermal energy are regulated by the RRC. However, as a mineral owner, the GLO may need information that is not required by or submitted to the RRC. Consequently, the GLO reserves the right to request additional information on operations for the exploration and development of geothermal energy and related resources. If additional information is needed, the GLO will notify the lessee or permittee in writing.(4) This section references statutes and the rules and regulations of regulatory agencies that govern mineral development on state lands. By such references the SLB does not intend to usurp authority or substitute its judgment for that of the other agencies. These references are included to put permittees and lessees on notice that state lands are not exempt from such regulation, including all relevant environmental safeguards.(5) If any provision of this section conflicts with state or federal statutes, regulations, or rules of the RRC, Texas Natural Resources Conservation Commission, or the United States Environmental Protection Agency, their successor agencies, or other appropriate authorities, then such other statutes, regulations, or rules shall control.(b) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.(1) Lease--A mining lease issued under §155.42 of this title (relating to Mining Leases on Properties Subject to Prospect), §155.43 of this title (relating to Exploration and Mining Leases for Minerals Subject to Sealed Bid), or §155.44 of this title (relating to Mining Leases on Relinquishment Act Lands).(2) Lessee--The initial holder of a valid lease or a successor, assignee, devisee, or heir who acquires any right of the initial holder.(3) Operations--Any activities other than reconnaissance activities, associated with mineral exploration or development that require substantially disturbing or destroying the surface or subsurface of the leased or permitted areas. Operations shall include drilling test holes or core holes; excavating test pits; moving heavy machinery over the leased or permitted area; sinking shafts; and extracting, storing, processing, and shipping minerals.(4) Operator--A permittee or lessee or any employee, agent, servant, contractor, or subcontractor of either a permittee or lessee.(5) Permit--A prospect permit issued by the commissioner under §155.41 of this title (relating to Prospect Permits on State Fee Lands).(6) Permittee--The initial holder of a valid prospect permit or a successor, assignee, devisee, or heir who acquires any right of a permittee.(7) Premises--Any state property subject to a lease or to a permit.(8) Reconnaissance activities--Hand sampling, geologic mapping, surveying, and other activities which do not significantly impact the surface and which are necessary to gather data to formulate the plan of operations.(9) TPWD lands--(As used in this section only) premises whose surface is owned or leased by TPWD or is subject to a conservation easement in favor of TPWD.(c) Overview of exploration and mining procedures.(1) Reconnaissance activities. After a permit or lease has been granted for exploration and development of the premises, an operator may begin reconnaissance activities. The permits or leases may contain rules and restrictions on reconnaissance activities. In conducting reconnaissance activities on state premises, an operator shall also comply with the rules found in subsection (f) of this section. In conducting reconnaissance activities on TPWD lands, an operator shall comply with additional rules found in subsection (g) of this section.(2) Operations.(A) Before an operator may commence operations on any premises, the permittee or lessee of those premises must submit an initial plan of operations to the GLO. Information required to be included in an initial plan will be controlled by the type of state property involved. If operations extend over several state properties, permittee or lessee may submit one unified plan of operations. No operations may commence until such a plan of operations has been filed with the GLO in accordance with subsection (d) of this section and approved by the GLO in accordance with subsection (e) of this section.(B) The initial plan of operations shall include all reasonably foreseeable exploration, extraction, mining, and processing activities. Whenever the permittee or lessee wishes to undertake activities beyond the scope of the initial plan of operations, a supplemental plan must be filed with the GLO. Whenever the permittee or lessee wishes to change any activity found in an approved plan, an amended plan must be filed with the GLO. An amended or supplemental plan of operation shall have the same requirements and be subject to the same approval process as the initial plan.(C) Operations must be conducted in accordance with an approved plan of operations and also with the rules found in subsection (f) of this section.(D) Failure to submit a plan before conducting operations, to submit a supplemental or amended plan before conducting additional or different operations, or to conduct operations on the premises in compliance with the approved plan of operations or these rules shall subject the permit or lease to forfeiture.(d) Content of plan of operations.(1) For state property permitted or leased under this chapter, the plan of operations must include the following:(A) The name and legal mailing address of the permittee or lessee and of any operators who will be on the premises;(B) A 7 1/2 minute USGS topographic map showing:(i) Information sufficient to locate the proposed areas of operations on the ground;(ii) Existing and/or proposed roads or access routes to be used in connection with the operations; and(iii) The approximate location and size of any other areas where surface resources or improvements might be disturbed;(C) Information sufficient to describe or identify:(i) The precise nature and extent of all proposed operations including all prospecting/exploration activities and all mining/processing activities; and(ii) The period during which each proposed activity will take place;(D) If the permittee or lessee proposes to commingle minerals produced under the permit or lease with privately-owned minerals or with other state-owned minerals:(i) A specification of the proposed manner of commingling; and(ii) A comparison of the quality of the geothermal energy and related resources produced under the lease or permit to the quality of the geothermal energy and related resources with which it will be commingled;(E) If subsurface excavation is planned, a statement of what possible effect such excavations could have on water, as defined by Texas Civil Statutes, Article 8866, §1(11) (Vernon, 1989).(2) For state property permitted or leased under this subchapter, except property leased under §155.44 of this title (relating to Mining Leases on Relinquishment Act Lands), the plan of operations must also include the following:(A) Type, design, and location of existing and proposed roads or access routes;(B) Transportation equipment and other heavy equipment to be used on the premises;(C) Measures to be taken to protect and preserve environmental resources;(D) A statement of whether operations are planned on steep slopes that may be subject to erosion and specific plans to control erosion, the flow of run-off water, landslides, and drainage;(E) A specification of what reclamation efforts will be undertaken to minimize the impact of operations on the surface, including vegetation, topsoil, wildlife habitats, caused by operations.(3) For TPWD lands, the plan of operations must also include the following:(A) A statement of whether any of the drilling muds and fluids proposed to be used are toxic to fish or wildlife;(B) A listing of all known natural historic and prehistoric resources, archeological resources, and biological resources (including vegetation, fish, and animal life, especially endangered plants and wildlife) found on the premises; and(C) Specific plans to remove toxic materials, and to rehabilitate fisheries, wildlife habitats, and vegetation.(e) Requirements for approval of plan of operations.(1) The proposed plan of operation shall be submitted to the GLO, which shall promptly acknowledge its receipt to the permittee or lessee. GLO staff will analyze the proposal and, if necessary, inspect the premises. In order to evaluate the plan, the GLO staff may require additional information from the lessee or permittee. Within 90 days after the GLO receives both a plan and any requested additional information, the GLO shall:(A) Notify permittee or lessee that the plan of operations has been approved; or(B) Notify the permittee or lessee of the necessary additions and/or changes to the plan which are required for approval.(2) The GLO may require a permittee or lessee to furnish a bond as a condition to approval of a plan of operations but only if the lease or permit has reserved this right to the GLO. The performance bond shall be in an amount to be determined by and forfeitable to the GLO as a guarantee for the strict performance of reclamation obligations found in the plan of operations. In determining the amount of the bond, consideration shall be given to the estimated cost of reclaiming the land to the condition it would have been in had the plan of operations or the regulations been strictly followed.(3) If subsurface excavations are involved, the commissioner will issue a finding in the approved plan of operations as to whether such excavations will affect water as defined by Texas Civil Statutes, Article 8866, §1(11) (Vernon, 1989).(4) In evaluating all plans of operations, the GLO will consider the following factors:(A) The general economics of the operations;(B) The reasonableness and effectiveness of the plans to develop the state's geothermal energy and related resources;(C) The prevailing industry standards; and(D) The methods and standards employed by similar operations in the same area as the state property.(5) In evaluating all plan of operations except those on leases issued under §155.44 of this title (relating to Mining Leases on Relinquishment Act Lands) the GLO will also consider:(A) The reasonableness of the provisions made for surface resource protection; and(B) The value and uses of the surface of the state property.(6) In evaluating plan of operations covering lands leased under §155.44 of this title (relating to Mining Leases on Relinquishment Act Lands), the GLO will not evaluate the impact of operations on the surface but it will evaluate such plans based upon its interests as a mineral owner.(7) In evaluating all plan of operations covering TPWD lands, the GLO will also consider:(A) Whether sites and roadways should be adjusted and realigned to avoid significant disturbance of biological, archeological, or aesthetic features;(B) Whether the methods for disposing of vegetation which must be cleared and for disposing of topsoil are adequate;(C) Whether proposed drilling muds and fluids should be changed to require use of those muds and fluids that are not toxic to fish or wildlife;(D) Whether permittee or lessee should be required to take action to mitigate any unavoidable impacts to fish and wildlife resources and habitat caused by operations;(E) Whether slope stabilization should be required during operations;(F) Whether security fencing to protect the public from hazardous sites or conditions should be required;(G) Whether full restoration, including spreading of topsoil stockpile, of all areas disturbed during permitted activity to pre-operation elevations, contours, and substrata should be required;(H) Whether steep slopes that are subject to damaging erosion should be modified to facilitate re-vegetation and prevent erosion;(I) Whether replanting of disturbed native vegetation should be required; and(J) Whether seeding and mulching plans should be modified so that different materials are used or applied at different rates or times.(f) Minimum standards of conduct on state premises.(1) These minimum standards of conduct will apply whenever a lessee, permittee, or other operator is on state premises even if only reconnaissance activities are taking place.(2) All activities shall be conducted so as to minimize adverse environmental impact on surface resources.(3) Operator shall comply with applicable federal and state air quality standards and emission permit requirements.(4) Operator shall comply with applicable federal and state water quality standards and waste water discharge permit requirements and federal permitting requirements applicable to disturbance of wetlands, watercourses, and flood plains. Operator shall in its construction activities, to the greatest extent possible, avoid disturbance within natural water courses and their immediate flood plains. Operator shall use only so much of underground water as may be reasonably necessary. If water-bearing strata or underground aquifers are encountered during drilling activities, shaft construction, or subsurface excavation, measures shall be taken by the operator to prevent pollution of such underground water sources. Operator shall comply with all applicable Texas Natural Resources Conservation Commission and RRC rules for the protection of usable quality water within the premises.(5) Operator shall comply with applicable federal and state standards for the disposal and treatment of all solid wastes. All garbage, refuse, or trash shall either be removed from premises or disposed of, or treated so as to minimize, so far as practicable, its impact on the environment and surface resources. All waste rock, deleterious materials or substances and other waste produced by operations shall be deployed, arranged, disposed of, or treated in accordance with federal and state requirements and so as to minimize adverse impact upon the environment and surface resources.(6) Operator shall comply with the National Historical Preservation Act of 1966, 16 United States Code §470 (1985 and Supplement 1988) and the Antiquities Code of Texas, Title 9, Chapter 191, Texas Natural Resources Code, where applicable.(7) Operator shall comply with the United States Endangered Species Act of 1973, 16 United States Code §§1531-1543 (1985 and Supplement 1988) and the Texas Parks and Wildlife Code, Chapters 67, 68, and 88, which relate to endangered plants or wildlife and protected non-game.(8) Preservation of existing vegetation shall be maximized at all times.(9) These provisions concerning roads do not apply to premises leased under §155.44 of this title (relating to Mining leases on Relinquishment Act Lands). Operator shall, if possible, use existing roadways for access to and across the premises. Operator must justify construction of new roads by demonstrating that there is no feasible and prudent alternative. Operator shall construct and maintain all roads so as to assure adequate drainage and to minimize damage to soil, water, and other natural resources. Roads utilized shall be left in as good a condition as they were prior to use by operator.(10) During all operations the operator shall maintain structures, equipment, and other facilities in a safe, neat, and workmanlike manner. Hazardous or dangerous sites or conditions resulting from operations shall be fenced, marked by signs, or otherwise identified to protect the public in accordance with all state and federal laws and regulations.(11) Unless the RRC or other duly authorized agency regulates reclamation efforts or unless a written notification to the GLO under subsection (h) of this section states otherwise, permittee or lessee shall reclaim the surface as specified in the plan of operations within six months of the expiration of the permit or lease.(g) Minimum standards of conduct on TPWD lands.(1) Operators on premises whose surface is owned, or leased by TPWD or is subject to a conservation easement in favor of TPWD are also subject to the additional regulations found in this subsection.(A) Operator is subject to all TPWD rules in effect for the park or wildlife management area on which operations are conducted to the extent that the park or management area rules are not inconsistent with rules or regulations found in this section or with the reasonable development of PSF minerals.(B) No operations shall be commenced without notification of the park superintendent or area manager 48 hours in advance of entering TPWD premises. Permittee or lessee shall allow only those operators that are necessary for operations to access the TPWD premises.(C) No firearms or archery equipment shall be permitted at any time on TPWD lands by any operator. Permittee or lessee shall be liable for any taking of fish, wildlife, plants, or archeological resources by any operator.(D) Unless an approved plan of operations provides otherwise, no materials required for construction of roads shall be taken or borrowed from TPWD lands. There shall be no vehicular travel off existing roads during wet weather. Where travel is permitted by drilling buggies and water wagons, such vehicles shall use high flotation tires.(E) Operator shall permanently stake limits of proposed access roads on the ground a minimum of 30 days prior to and throughout actual operations or other activities. Each access road is subject to review and approval by the GLO. The area disturbed during construction activity shall be strictly minimized. Access roads shall not exceed 30 feet in width and operator shall use existing roads whenever possible.(F) The following rules apply to new roads constructed by or improved and used by operator unless otherwise requested by TPWD and approved by the GLO in a plan of operations.(i) Roads no longer needed for operations shall be closed to normal vehicular traffic.(ii) Bridges and culverts shall be removed.(iii) Cross-drains, dips, or water bars shall be constructed.(iv) The road surface shall be shaped to as near a natural contour as practicable and be stabilized.(G) If a diversion between all drilling sites, pads, and all upslope areas is required in an approved plan of operations, the diversion shall be constructed with a flared outlet stabilized by rock or other grade stabilization structures as necessary to prevent erosion. Drilling sites should be sloped with a minimum grade 0.3-0.5% to drain into such diversions so the run-off does not flow over the fill area. Sediment shall be cleaned out of diversion and properly disposed of periodically. A temporary straw bale barrier containing no noxious weed shall be constructed along the base of the drill site where it follows a natural water course. A temporary bale barrier shall be established immediately after the drill site is constructed to prevent erosion while side slopes are being stabilized. The bale barrier must be maintained, sediment removed and bales replaced. Sedimentation on areas adjacent to the drill site shall be minimized. Topsoil to a maximum depth not to exceed 18 inches shall be stockpiled on the upslope edge of each drill pad and separated from upslope run-off by a diversion, or with other erosion control as necessary.(H) Unless an approved plan of operation states otherwise, no explosives shall be used within 750 feet of any building, utilities, or water well or within 1,000 feet of any water retention structures. All proposed use of explosives shall be specifically described in an approved plan of operations.(I) Restoration of the disturbed area to approximate original contours and revegetation with appropriate native vegetation may be required.(J) Operator shall, at all times, keep lands under permit or lease, access roads, and prospect sites free of trash and litter generated by operations. No vegetation or topsoil shall be pushed, windrowed, or abandoned except in preparation for disposal by means approved by the GLO in the plan of operations. Operator shall keep muds, cuttings, and all other fluids, including all contaminants and saline fluids, in tanks or containers for removal from the site. All drilling muds and fluids shall be water-based and nontoxic to fish and wildlife; provided, however, that other drilling muds and fluids may be used if, in the plan of operations, the GLO determines that there is no prudent or feasible alternative. Soil-damaging petroleum and other chemicals shall be hauled from the TPWD lands and disposed of lawfully. Dumping of any such materials on TPWD lands is prohibited.(K) Operator shall, to the extent practicable, harmonize operations with scenic values through such measures as the design and location of operating facilities, including roads and other means of access, screening of operations by native vegetation, if possible, and construction of structures and improvements which blend with the landscape.(L) In addition to compliance with water quality and solid waste disposal standards required by this section, operator shall take all practicable measures to maintain and protect fisheries and wildlife habitat which may be affected by the operations.(M) Operator shall comply with all applicable state and federal fire laws and regulations and shall take all reasonable measures necessary to prevent and suppress fires in the area of operations.(2) As soon as the GLO receives a plan of operations which covers TPWD lands and which supplies all the data required in subsection (d) of this section, the GLO shall mail a copy of the plan of operations to the TPWD for review and comment.(3) TPWD must submit its comments, if any, to the GLO within 30 days of TPWD's receipt of a plan of operations.(4) Plan of operations on TPWD land may not be approved until at least 30 days after the TPWD receives the plan of operations. When the GLO approves a plan of operations on TPWD land, GLO will send TPWD a copy of the approved plan on the day the plan is approved.(h) Completion of operations and abandonment of premises.(1) This subsection shall apply to all exploration and development operations for resources associated with geothermal energy that are not regulated by the RRC, Texas Natural Resources Conservation Commission, the United States Environmental Protection Agency, their successor agencies, or other appropriate authorities.(2) Within two weeks after all operations and all reclamation activities addressed in the plan of operations have been completed, permittee, or lessee shall send the GLO the following information:(A) Date when operations ceased;(B) Date when reclamation activities ceased;(C) Problems encountered during reclamation activities;(D) Success of reclamation efforts in improving the surface condition;(E) Any additional reclamation activities that permittee or lessee believes are necessary to restore or improve the surface, vegetation, topsoil, or wildlife habitat;(F) Date on which any proposed additional reclamation activities, if any, shall begin and end; and(G) Date on which the premises shall be ready for initial GLO inspection.(3) The GLO will inspect the premises to verify that the reclamation required in the plan of operations has been completed. If a performance bond guaranteeing reclamation has been required in the plan of operations, it will be returned upon completion of reclamation activities. Source Note: The provisions of this §155.46 adopted to be effective November 15, 2000, 25 TexReg 11290. 4 SCHOOL LAND BOARD 155 LAND RESOURCES C EXPLORATION AND DEVELOPMENT OF GEOTHERMAL ENERGY AND ASSOCIATED RESOURCES ON PERMANENT SCHOOL FUND LAND §155.46 Conduct of Exploration and Mining Operations https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82708&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 82708 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82708&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 82708 03/11/2026 (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.(b) Reports and payment of royalties.(1) A log, sample analysis, or other information obtained from each test drilled on the area covered by the lease or permit shall be filed with the GLO upon request. Lessee or permittee shall furnish annually on the anniversary date of the lease or permit a map or plat showing all activities on the state lease or permit. In addition, an evaluation map or plat shall be filed in the GLO within 90 days after any drilling program shall have been completed or abandoned, and the correctness of such map shall be sworn to by lessee or permittee or his representative. The map or plat shall show geologic formations penetrated, the depth, thickness, presence of geothermal energy and related resources, the water-bearing strata, the elevation and location of all test holes, and other pertinent information.(2) Unless the lease provides otherwise, on or before the last day of the month after the month when production started, the lessee shall file a production and royalty report showing production and royalty for the calendar month when production started. Subsequently, a production and royalty report shall be filed before the last day of each month for production from the preceding calendar month. Such report shall be on a form prescribed and furnished by the GLO and shall show:(A) The amount of geothermal energy and related resources produced during the preceding month;(B) If any geothermal energy or related resource has been sold during the preceding month, then:(i) The amount of geothermal energy and related resource sold;(ii) The purchaser(s) and if the purchaser(s) is in any way related to the lessee, the details of such relationship or affiliation;(iii) The selling price of geothermal energy and related resources as shown by copies of gas plant receipts, sale receipts, invoices, or other sale documents attached thereto; and(iv) The method and figures used by lessee to calculate the value of each mineral sold as shown by any relevant documents, records, or schedules;(C) If any geothermal energy or related resource has been used as permitted under the terms of the lease during the preceding month, then:(i) The amount of such geothermal energy and related resources used; and(ii) The method and figures used by lessee to calculate the value of each as shown by any relevant documents, records, or schedules.(3) Unless otherwise provided by the lease, royalty payments are to be received in the GLO on or before the last day of the month following the month in which leased minerals are produced. However, for the purposes of this paragraph only, "produced" shall mean actually sold or used by lessee. Upon termination, forfeiture, or release of the lease, unpaid royalty for any stockpiled leased minerals shall be due and payable within one month of the effective date of said termination, forfeiture, or release.(4) Except when royalty is taken in-kind, and subject to subparagraphs (A)-(F) of this paragraph, relating to electronic funds transfer, lessees may pay royalties and other monies due by cash or check, money order, or sight draft made payable to the commissioner. Lessees may also pay by electronic funds transfer or in any manner that may be lawfully made to the state comptroller. Information regarding alternative payment methods may be obtained from the GLO Royalty Management Division. Payors are required to make payments by electronic funds transfer in compliance with Title 34, Chapter 15 of this code in the following circumstances:(A) For leases executed or amended after May 11, 1989, but before September 1, 1991, payors that have made over $500,000 in a category of payments, defined in subparagraph (D) of this paragraph, to the GLO during the preceding state fiscal year shall make payments of $10,000 or more in the current fiscal year for those leases and in that category by electronic funds transfer.(B) For leases executed or amended after August 30, 1991, but before June 9, 1995, payors that have made over $250,000 in a category of payments, defined in subparagraph (D) of this paragraph, to the GLO during the preceding state fiscal year shall make payments of $10,000 or more in the current fiscal year for those leases and in that category by electronic funds transfer.(C) For leases executed or amended on or after June 9, 1995, payors that have made over $25,000 in a category of payments, defined in subparagraph (D) of this paragraph, to the GLO during the preceding state fiscal year shall make all payments in the current fiscal year for those leases and in that category by electronic funds transfer.(D) For purposes of subparagraphs (A)-(C) of this paragraph, each of the following is a separate category of payments:(i) Royalties (including shut-in and minimum royalties);(ii) Penalties;(iii) Other payments to the state agency, excluding interest and extraordinary payments such as payments made in settlement of litigation.(E) The GLO anticipates that those payors that have exceeded the threshold sums set out in subparagraphs (A)-(C) of this paragraph in the preceding state fiscal year will also exceed those sums in the current state fiscal year. The application of subparagraphs (A)-(C) to a specific payor may be waived at the commissioner's discretion to the extent allowed by law, upon a showing that a payor will not exceed the threshold sums set out in subparagraphs (A)-(C) in the current fiscal year, or for other good cause.(F) The GLO will notify each payor to whom this paragraph applies in compliance with Title 34, Chapter 15 of this code.(c) Inspections.(1) The books, accounts, records, contracts, and other documents pertaining to production, transportation, sale, and marketing of geothermal energy and related resources leased shall at all times be subject to inspection and examination by the commissioner, or his authorized representative, and copies of such records shall be furnished to the commissioner upon request.(2) All exploration, development, and processing operations shall be subject at any time to inspection by the commissioner or his authorized representative and copies of records or other documents pertaining to these operations shall be furnished to the commissioner upon written request.(d) Forfeiture and reinstatement.(1) If the owner of a lease or permit shall fail or refuse to make payment of any sum due, or if the owner or his authorized agent should knowingly make any false return or false report concerning the lease or permit, or if the owner or his agent should refuse the commissioner or his authorized representative access to the records or other data pertaining to operations under the lease or permit, or if any of the material terms of the lease or permit should be violated, the lease or permit shall be subject to forfeiture by the commissioner.(2) A lease or permit shall be considered forfeited when it has been endorsed "forfeited" and the endorsement signed by the commissioner.(3) Upon forfeiture, the commissioner will give written notice to the lessee or permittee stating the date of forfeiture and the reasons for the forfeiture. The notice of forfeiture will be sufficient if mailed to the last known address of the lessee or assignee shown of record in the GLO.(4) A forfeiture may be set aside and all rights under a lease or permit may be reinstated before the rights of another party intervene, upon satisfactory evidence to the commissioner of future compliance with the provisions of the law, of the lease or permit, and of any rules adopted relative to the lease or permit, and any conditions placed upon the reinstatement. Lessee or permittee shall offer the evidence required for reinstatement within 30 days after the date the notice of forfeiture was mailed and after such 30 days shall have no future right of reinstatement. If a lease or permit issued under §155.44 of this title (relating to Mining Leases on Relinquishment Act Lands) is not reinstated within the 30-day period, the surface owner is entitled to act as the state's agent for leasing the minerals.(e) Reduction of penalty and/or interest. The School Land Board may reduce penalties and/or interest assessed under the Texas Natural Resources Code, §52.131, and/or any other penalties or interest relating to delinquent or unpaid royalties that have been assessed by the commissioner in the following circumstances:(1) When a lessee brings a deficiency to the General Land Office's attention voluntarily; and/or(2) When a lessee and the General Land Office have reached an agreement regarding the reduction as part of a resolution of an outstanding audit issue. Source Note: The provisions of this §155.47 adopted to be effective November 15, 2000, 25 TexReg 11290. 4 SCHOOL LAND BOARD 155 LAND RESOURCES C EXPLORATION AND DEVELOPMENT OF GEOTHERMAL ENERGY AND ASSOCIATED RESOURCES ON PERMANENT SCHOOL FUND LAND §155.47 Assignments, Releases, Reports, Royalty Payments, Inspections, Forfeitures, and Reinstatements https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82712&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 82712 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82712&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 82712 03/11/2026 (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.(c) Maintaining a mineral award; annual assessment work.(1) The owner of an award shall have the exclusive right to the possession and use of the minerals within the area of the claim so long as he continues to do or causes to be done the annual assessment work for each claim.(2) The annual assessment work shall consist of an excavation in the form of a shaft or tunnel or an open cut to the extent of 10 feet in depth or length and at least four feet by five feet for the other dimensions. In the event the mineral sought is usually and customarily produced from drilling holes by means of machinery, except such minerals as oil, natural gas, coal, or lignite, then the drilling of a hole to such depth or length in lieu of the digging of a shaft or tunnel or open cut shall constitute the annual assessment work required.(3) During the month of January, the owner of a mineral award shall file an annual assessment affidavit on a form prescribed and furnished by the GLO. The affidavit shall be signed and notarized and shall describe the assessment work which was completed during the previous year. If the assessment work accomplished is deemed insufficient or if the form is improperly completed, the owner of the mineral award will be notified.(4) The annual assessment work for a contiguous group of mineral awards may be done on one mineral award.(d) Rental payments.(1) The owner of a mineral award shall pay annually $.50 per acre. This annual rental payment shall be due during the month of January of each year succeeding the year the mineral award was issued.(2) Annual rental payments will be applied to the purchase price of the mineral patent.(e) Royalty payments.(1) In addition to rental payments, the owner of a mineral award shall pay a royalty of 6.25% of the value of the production of the minerals upon such award as shown by the net smelter, mill, mint, or refinery returns or of the gross sums arising from the sale of the ore or products from the award and received by the owner.(2) Royalty payments arising from the sale of ores, minerals, or other products shall be due quarterly in January, April, July, and October for the quarters preceding.(3) Royalty payments shall be accompanied by a production and royalty report filed on a form prescribed and furnished by the GLO.(f) Inspection.(1) The books, accounts, records, and contracts pertaining to production, transportation, sale, and marketing of minerals awarded will at all times be subject to inspection and examination by the commissioner, or his authorized representative, and copies of such records shall be furnished to the commissioner upon request.(2) All mining, milling, and processing operations shall be subject at any time to inspection by the commissioner or his authorized representative and copies of records pertaining to these operations shall be furnished to the commissioner upon written request.(g) Forfeiture of mineral award.(1) If the owner of a mineral award shall fail or refuse to make payment of any sum within 30 days after it becomes due, or if the owner or his authorized agent should knowingly make any false return or false report concerning production, mining, or development, or if the owner should fail or refuse the proper authority access to the records pertaining to the operations, or if the owner or authorized agent should knowingly fail or refuse to give correct information to the proper authority, or knowingly fail or refuse to submit to the GLO all correct reports required by statute, the rights acquired under the award shall be subject to forfeiture by the commissioner.(2) Upon forfeiture of a mineral award, notice shall be mailed to the person, firm, or corporation shown by the records of the GLO to be the owner of the mineral award.(3) Upon satisfactory evidence of future compliance with the law and with the GLO rules and regulations, the forfeiture may be set aside and all rights thereto reinstated.(4) If a mineral award is forfeited and not reinstated, the land covered by the mineral award is not subject to being claimed or patented.(h) Patenting a mineral award.(1) At any time after five years from the date of a mineral award, the owner of the award may pay the balance due on the purchase price of the award and request a patent thereto.(2) The owner of the mineral award shall make written request that the award be patented. The request shall be accompanied by three separate remittances: the balance of the purchase price, a patenting fee, and a recording fee. The appropriate patenting and recording fees are found in §1.3 of this title (relating to Fees).(3) The purchase price of the mineral patent shall be $10 per acre, and the annual payments of $.50 per acre on the mineral award shall be applied to the purchase price.(i) Mineral patent requirements.(1) After the issuance of a mineral patent, no further assessment work will be required.(2) The royalty due the state on a mineral patent shall be perpetual and shall be 6.25% of the value of the production of the minerals as shown by the net smelter, mill, mint, or refinery returns or of the gross sum, arising from the sale of the ore or products from the mineral patent and received by the owner. Source Note: The provisions of this §155.48 adopted to be effective November 15, 2000, 25 TexReg 11290. 4 SCHOOL LAND BOARD 155 LAND RESOURCES C EXPLORATION AND DEVELOPMENT OF GEOTHERMAL ENERGY AND ASSOCIATED RESOURCES ON PERMANENT SCHOOL FUND LAND §155.48 Mineral Awards and Patents https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82713&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 82713 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82713&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 82713 03/11/2026 Except as otherwise provided in §16.1(c) of this title (relating to Definitions and Scope), an action listed in §16.1(b) of this title (relating to Definitions and Scope) taken or authorized by the GLO or SLB pursuant to this chapter that may adversely affect a coastal natural resource area, as defined in §16.1 of this title (relating to Definitions and Scope), is subject to and must be consistent with the goals and policies identified in Chapter 16 of this title (relating to Coastal Protection) in addition to any goals, policies, and procedures applicable under this chapter. If the provisions of this chapter conflict with and can not be harmonized with certain provisions of Chapter 16 of this title (relating to Coastal Protection), such conflicting provisions of Chapter 16 of this title (relating to Coastal Protection) will control. Source Note: The provisions of this §155.49 adopted to be effective November 15, 2000, 25 TexReg 11290. 4 SCHOOL LAND BOARD 155 LAND RESOURCES C EXPLORATION AND DEVELOPMENT OF GEOTHERMAL ENERGY AND ASSOCIATED RESOURCES ON PERMANENT SCHOOL FUND LAND §155.49 Consistency with Coastal Management Program https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19097&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19097 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19097&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19097 03/11/2026 (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.(c) Members of the public may make personal statements of their views on a matter before the Board provided that they identify themselves for the record. Members of the public making only such statements will not be considered parties to the meeting.(d) Any person requesting a formal action by the Board must notify the secretary prior to the meeting, providing in writing the person's name, address, and interest in the meeting. Any such participant will be considered a party to the meeting.(e) All persons appearing before the Board, and any evidence they present, will be subject to full examination by the members of the Board.(f) Parties may be represented by an attorney. Upon notification of the secretary, the attorney will receive all correspondence directed to the party on behalf of the Board.(g) Any applicant before the Board and any other person filing their name, address, and a request for notification with the secretary, will be notified in writing of the date, time, and place of the board meeting at which the application will be considered. However, failure to mail the notice does not invalidate any action taken by the Board.(h) An applicant and those persons who have properly requested notification will be informed in writing of any action taken by the Board concerning that person's application as expeditiously as possible following the meeting.(i) The Board shall adopt, amend, and repeal rules in accordance with the Texas Register and Administrative Code, Government Code, Chapter 2002. Any interested person may petition the Board in writing to request adoption of a rule. The Board shall consider the request at the next scheduled meeting and shall either grant or deny the request. Rulemaking procedures shall be initiated within 60 days of the receipt of the request if granted. If denied, the Board shall state its reasons in writing and mail them to the petitioner within 60 days of the request.(j) The Board's policy is to encourage and ensure maximum public participation in all matters it considers. The Board shall conduct all meetings in accordance with the Open Meetings Act. Source Note: The provisions of this §201.1 adopted to be effective November 8, 1998, 23 TexReg 11161. 5 BOARDS FOR LEASE OF STATE-OWNED LANDS 201 OPERATIONS OF THE TEXAS PARKS AND WILDLIFE DEPARTMENT AND TEXAS DEPARTMENT OF CRIMINAL JUSTICE BOARD FOR LEASE §201.1 Boards for Lease Meeting Administration https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19083&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19083 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19083&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19083 03/11/2026 (a) A Board for Lease (Board) may schedule a lease sale at any time. Leases of land owned by the Texas Parks and Wildlife Department or the Texas Department of Corrections shall be advertised and sold in the same manner as leases issued by the School Land Board (SLB) under Texas Natural Resources Code, Chapter 32. The procedures, fees, and cost sharing set out in Chapter 151 of this title (relating to Operations of the School Land Board) shall also apply to the Board's lease sales.(b) The lease shall contain the same terms and conditions as leases issued by the SLB under Texas Natural Resources Code, Chapter 32 and Chapter 151. However, a Board may place any other terms and conditions in the lease it determines to be in the best interest of the state. Source Note: The provisions of this §201.2 adopted to be effective November 8, 1998, 23 TexReg 11161. 5 BOARDS FOR LEASE OF STATE-OWNED LANDS 201 OPERATIONS OF THE TEXAS PARKS AND WILDLIFE DEPARTMENT AND TEXAS DEPARTMENT OF CRIMINAL JUSTICE BOARD FOR LEASE §201.2 Lease Sale https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=138313&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 138313 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=138313&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 138313 03/11/2026 Records pertaining to leases by a Board for Lease are to be filed in the records of the General Land Office accompanied by any filing fee prescribed by §3.31 of this title (relating to Fees). Source Note: The provisions of this §201.3 adopted to be effective November 8, 1998, 23 TexReg 11161; amended to be effective October 12, 2008, 33 TexReg 8397. 5 BOARDS FOR LEASE OF STATE-OWNED LANDS 201 OPERATIONS OF THE TEXAS PARKS AND WILDLIFE DEPARTMENT AND TEXAS DEPARTMENT OF CRIMINAL JUSTICE BOARD FOR LEASE §201.3 Filing in General Land Office https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=138314&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 138314 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=138314&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 138314 03/11/2026 Payments received by a Board for Lease are payable to the commissioner of the General Land Office, who will deposit receipts with the Comptroller of Public Accounts to the credit of the appropriate special mineral account for the agency involved. Source Note: The provisions of this §201.4 adopted to be effective November 8, 1998, 23 TexReg 11161; amended to be effective July 11, 2004, 29 TexReg 6347; amended to be effective October 12, 2008, 33 TexReg 8397. 5 BOARDS FOR LEASE OF STATE-OWNED LANDS 201 OPERATIONS OF THE TEXAS PARKS AND WILDLIFE DEPARTMENT AND TEXAS DEPARTMENT OF CRIMINAL JUSTICE BOARD FOR LEASE §201.4 Deposits https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=138315&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 138315 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=138315&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 138315 03/11/2026 The provisions of Texas Natural Resources Code, Chapters 32 and 52, and §9.51 of this title (relating to Royalty and Reporting Obligation to the State), and Subchapter F, §§9.91 - 9.95 of this title (relating to Discontinuing the Leasehold Relationship) shall apply to leases issued by a Board for Lease. Source Note: The provisions of this §201.5 adopted to be effective November 8, 1998, 23 TexReg 11161; amended to be effective October 12, 2008, 33 TexReg 8397. 5 BOARDS FOR LEASE OF STATE-OWNED LANDS 201 OPERATIONS OF THE TEXAS PARKS AND WILDLIFE DEPARTMENT AND TEXAS DEPARTMENT OF CRIMINAL JUSTICE BOARD FOR LEASE §201.5 Provisions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143442&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 143442 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143442&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 143442 03/11/2026 (a) Applicable Laws. All drilling, producing, gathering, transporting, processing and other operations on state lands shall be subject to applicable state and federal laws.(b) Conflict between this chapter and other rules and statutes. Operations on state lands are subject to all valid applicable state and federal regulatory authorities. This chapter supplements the regulatory powers of such authorities.(c) General policy. These rules are not intended to unlawfully impair any existing contract.(d) Exceptions to this chapter. A Board for Lease (Board) may if authorized by law and upon proper written request, grant exceptions to the provisions of this chapter if the Board deems the exceptions to be in the best interest of the state. No such exception shall be effective until a written request by the lessee and a written explanation, approved by the Board and signed by the commissioner, as chairman of the Board, is placed in the appropriate mineral file or other General Land Office file.(e) Compliance. Lessee shall comply with the provisions of the lease. Nothing in this chapter shall be construed as relieving a lessee of this duty or as impairing any remedies available to the state. If a lessee or operator fails to comply with this chapter, the Board may seek any remedy allowed by law, including forfeiture of the lease. Lessee shall be liable for the damages caused by such failure and any costs and expenses incurred while enforcing this chapter and cleaning areas affected by any pollution or discharged waste. A lessee is also responsible for the actions or omissions of its operator as well as for the actions or omissions of lessee's employees, agents, servants, contractors, subcontractors, trustees, receivers, and any other agent in control of any or all of the leasehold interest.(f) Identification. All well locations and other structures shall be marked so as to identify the state tract number, well number, and the company operating the lease. Additionally, any well drilled on property leased under this chapter must be identified as a state well in Railroad Commission records by using "state" as the first word in its designated Railroad Commission name.(g) Inspections. The commissioner of the GLO, the attorney general, the governor, and their representatives, shall at all times have access to the premises upon which wells are being drilled or produced for oil, gas, or other minerals to make inspections of all drilling, producing, gathering, and processing operations, or for any other reason deemed necessary.(h) Records. The General Land Office may from time to time require any records not otherwise required relating to any aspect of lease operations and accounting. Such records shall be provided to the General Land Office within 30 days of the agency's request for their production.(i) Commingling production. Lessee must obtain written permission from GLO staff before surface commingling a state lease tract or state pooled unit production with private lease production or before surface commingling oil and/or gas from two separate state leases and/or pooled state units. Send commingling requests to the Texas General Land Office; Attention: Minerals Leasing; 1700 North Congress; Austin, Texas 78701-1495. The requirement to obtain GLO approval applies to all commingle exception request applications including new permits and amendments to existing permits.(j) Surface Use and Hole Abandonment. Any hole or holes drilled by any exploration party under the terms of a lease issued by the state under this chapter shall be drilled in such manner as to interfere as little as possible with the current use of the surface. Upon the abandonment of such holes, all of the rigging and material shall be removed, and the surface where said hole was drilled shall be restored to its former condition as nearly as possible. Upon abandonment of a well site, all wells shall be plugged and all structures removed in compliance with Railroad Commission and United States Army Corps of Engineer regulations. All fills for roads and drill sites shall be removed if requested by the commissioner.(k) Degree of care. Lessee shall use the highest degree of care in conducting operations on tracts leased under this chapter and shall take all proper safeguards to prevent the discharge of any pollutant, including solid waste, and of any hazardous substances. To satisfy these requirements, lessee, at a minimum, must conduct operations as a reasonably prudent operator using standard industry practices and procedures, must satisfy express lease provisions, and must comply with all valid, applicable federal and state regulations.(l) Reporting Pollution. In the event that any pollution, whether cumulative or the result of an isolated event, occurring on a leased tract reaches a level at which it becomes a violation of state and/or federal law, notice of all relevant facts related to such pollution shall be filed by lessee with the General Land Office within 10 business days of lessee's receipt of notification of the violation from the appropriate state and/or federal authorities.(m) Separator required. All wells producing liquids must be produced through oil and gas separators of ample capacity and in good working order. All separators shall be of conventional type (or other equipment at least as efficient) to provide for separation and metering of all lease or pooled unit gas and liquid hydrocarbon production before surface commingling with the production from any other lease and/or pooled unit. However, upon review and approval by GLO staff, a waiver granting exception to this requirement may be provided so that full well stream gas production can be metered (i.e. wet gas metering). The lessee must obtain written permission from GLO staff before installation of full well stream/wet gas meters in lieu of setting a separator. Source Note: The provisions of this §201.6 adopted to be effective November 8, 1998, 23 TexReg 11161; amended to be effective December 10, 2009, 34 TexReg 8782. 5 BOARDS FOR LEASE OF STATE-OWNED LANDS 201 OPERATIONS OF THE TEXAS PARKS AND WILDLIFE DEPARTMENT AND TEXAS DEPARTMENT OF CRIMINAL JUSTICE BOARD FOR LEASE §201.6 Lessee Responsibility https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19084&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19084 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19084&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19084 03/11/2026 Except as otherwise provided in §16.1(c) of this title (relating to Definitions and Scope), an action listed in §16.1(b) taken or authorized by the Texas Parks and Wildlife Department or Texas Department of Criminal Justice Board for Lease pursuant to this chapter that may adversely affect a coastal natural resource area, as defined in §16.1 is subject to and must be consistent with the goals and policies identified in Chapter 16 of this title (relating to Coastal Protection) in addition to any goals, policies, and procedures applicable under this chapter. If the provisions of this chapter conflict with and cannot be harmonized with certain provisions of Chapter 16, such conflicting provisions of Chapter 16 will control. Source Note: The provisions of this §201.7 adopted to be effective November 8, 1998, 23 TexReg 11161. 5 BOARDS FOR LEASE OF STATE-OWNED LANDS 201 OPERATIONS OF THE TEXAS PARKS AND WILDLIFE DEPARTMENT AND TEXAS DEPARTMENT OF CRIMINAL JUSTICE BOARD FOR LEASE §201.7 Consistency with Coastal Management Program https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=144088&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 144088 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=144088&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 144088 03/11/2026 (a) The purpose of this chapter is to implement the provisions of Texas Health and Safety Code, Chapter 367, concerning the On-site Wastewater Treatment Research Council.(b) The scope of this chapter covers the organization, administration, and other general procedures and policies concerning the operation of the council and its grants program. Source Note: The provisions of this §286.1 adopted to be effective May 4, 2000, 25 TexReg 3789; amended to be effective January 24, 2010, 35 TexReg 499. 9 ON-SITE WASTEWATER TREATMENT RESEARCH COUNCIL 286 ON-SITE WASTEWATER TREATMENT RESEARCH COUNCIL A COUNCIL PROCEDURES §286.1 Purpose and Scope https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=144089&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 144089 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=144089&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 144089 03/11/2026 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.(8) Other council representative--An employee of the council, an employee of the commission acting on behalf of the council, and any other person(s) acting on behalf of the council.(9) Private Research Center--A non-profit or for profit non-governmental organization that has an established research function, as defined in council rules, as opposed to exclusively being involved in the manufacturing or sale of goods. This definition does not affect the eligibility and grant selection criteria contained elsewhere in the rules of the council.(10) Research--Studious inquiry or examination and usually critical and exhaustive investigation or experimentation having for its aim the discovery of new facts and their correct interpretation, the revision of accepted conclusions, theories or laws in the light of newly discovered facts or the practiced application of such new or revised conclusions.(11) UGMS--The Uniform Grant Management Standards issued by the Governor's Office of Budget and Planning pursuant to the Uniform Grant Management Act, Texas Government Code, Chapter 783, and the related rules in 1 TAC §§5.141 - 5.167. Source Note: The provisions of this §286.2 adopted to be effective May 4, 2000, 25 TexReg 3789; amended to be effective January 24, 2010, 35 TexReg 499. 9 ON-SITE WASTEWATER TREATMENT RESEARCH COUNCIL 286 ON-SITE WASTEWATER TREATMENT RESEARCH COUNCIL A COUNCIL PROCEDURES §286.2 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=144090&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 144090 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=144090&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 144090 03/11/2026 (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.(b) Administration of funds.(1) Grants and donations shall be deposited to the credit of the On-Site Wastewater Treatment Research Council account of the general revenue appropriated fund and may be disbursed as the council directs and consistent with Texas Health and Safety Code, Chapter 367. All gifts of money are automatically appropriated to the council in accordance with the General Appropriations Act.(2) Donations will be used for the purpose specified by the donor, as nearly as practicable, and in accordance with state, federal, and local law. In no event shall donations be used for purposes not within the council's statutory authority.(c) Donations from individuals and/or entities receiving grant funds. The council shall adhere to all state ethics laws, regulations, and policies relating to the acceptance of gifts from persons appearing before and receiving funds from state agencies.(d) Standards of conduct between the council and private donors.(1) Standards of conduct of officers, members, and other council representatives are governed by the Texas Government Code, Chapter 572;(2) A council member or other council representative shall not accept or solicit any gift, favor, or service from a donor that might reasonably tend to influence his official conduct or that the council member or other representative knows is being offered with the intent to influence official conduct;(3) A council member or other council representative shall not accept employment or engage in any business or professional activity with a donor which the council member or other council representative might reasonably expect would require or induce him to disclose confidential information acquired by reason of his position, or which could reasonably be expected to impair the council member's independence of judgment in the performance of his/her official position;(4) A member or other representative of the council shall not authorize a donor to use property of the council, unless the property is used in accordance with a specific provision of a contract between the council and the donor;(5) A council member or representative shall not make personal investments in association with a donor which could reasonably be expected to create a substantial conflict between the representative's private interests and the interests of the council;(6) A council member or representative shall not solicit, accept, or agree to accept any benefit for having exercised his or her official powers on behalf of a private donor for, or performed his or her official duties in favor of a donor;(7) A council member or representative who serves as an officer, director or otherwise has policy direction over a donor shall not vote on or otherwise participate in any measure, proposal, or decision before the donor if the council might reasonably be expected to have an interest in such measure, proposal, or decision.(8) Any person or entity seeking to contract with the council on a competitive bid basis or otherwise shall disclose all previous donations occurring within the previous two years to the council or any other state agency. The disclosure shall include the name of the recipient, the nature and value of the donation, and the date that the donation was made. If the donation is on-going or periodic in nature, the last date the donation was available to the council shall be used to determine the date of the donation.(e) Public records. Documents and other information pertaining to the official business of the council is public information and may be subject to the Texas Public Information Act, Texas Government Code, Chapter 552. The council may seek a determination from the attorney general regarding the confidentiality of information relating to a donation before releasing the requested information if it is determined that an exception to the Texas Public Information Act is applicable.(f) Conflict of laws. These rules shall not be interpreted or construed in a manner that conflicts with a requirement of a statute regulating the conduct of a state officer of state employee. In the event of a conflict between these rules and a statute, the statute controls. Source Note: The provisions of this §286.11 adopted to be effective January 24, 2010, 35 TexReg 499. 9 ON-SITE WASTEWATER TREATMENT RESEARCH COUNCIL 286 ON-SITE WASTEWATER TREATMENT RESEARCH COUNCIL A COUNCIL PROCEDURES §286.11 Grants and Donations to the Council https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=144096&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 144096 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=144096&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 144096 03/11/2026 (a) The Texas On-site Wastewater Treatment Research Council awards competitive grants to enhance the development of on-site treatment technology and systems that will improve the quality of and/or reduce the cost of on-site wastewater treatment.(b) Unsolicited grant applications will not be accepted and will be returned to the sender. Source Note: The provisions of this §286.31 adopted to be effective May 4, 2000, 25 TexReg 3789; amended to be effective January 24, 2010, 35 TexReg 499. 9 ON-SITE WASTEWATER TREATMENT RESEARCH COUNCIL 286 ON-SITE WASTEWATER TREATMENT RESEARCH COUNCIL B GRANTS §286.31 Purpose https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=78038&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 78038 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=78038&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 78038 03/11/2026 The objectives of the council in considering projects are:(1) To determine the regional suitability and effectiveness of on-site wastewater treatment alternatives; and(2) To demonstrate and evaluate appropriate on-site wastewater treatment technology in the various geographic and climatic areas of Texas. Source Note: The provisions of this §286.32 adopted to be effective May 4, 2000, 25 TexReg 3789. 9 ON-SITE WASTEWATER TREATMENT RESEARCH COUNCIL 286 ON-SITE WASTEWATER TREATMENT RESEARCH COUNCIL B GRANTS §286.32 Council Objectives https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=78031&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 78031 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=78031&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 78031 03/11/2026 A grantee shall be required to execute an indemnification and hold harmless agreement in favor of the council and the state. Neither the council nor the state shall in any way be liable for any damage, infringement, cause of action, or any other action resulting from grantee's performance under the grant award. Source Note: The provisions of this §286.34 adopted to be effective May 4, 2000, 25 TexReg 3789. 9 ON-SITE WASTEWATER TREATMENT RESEARCH COUNCIL 286 ON-SITE WASTEWATER TREATMENT RESEARCH COUNCIL B GRANTS §286.34 Indemnification https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=144097&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 144097 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=144097&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 144097 03/11/2026 (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.(b) Information required for applied research grants. The following information must be submitted in writing for each applied research grant proposal:(1) the applicant shall include in the proposal title a clear reference to a topic covered in the council's solicitation document;(2) a description of how the project is directed toward improving the quality of wastewater treatment and/or reducing the cost of providing wastewater treatment to consumers;(3) for applicants who are affiliated with an accredited college or university in Texas, a verified statement from the college or university's president, or dean of the appropriate program, describing the affiliation in detail;(4) a discussion of how the applicant intends to fulfill the requirements of the proposal, including an identification of the potentials for, or plans to incorporate and use, proprietary information;(5) resumés of principals, potential subcontractors, and principal investigators (including names, addresses, and phone numbers), and a summary of pertinent experience of each entity;(6) site(s) of proposed project;(7) a list of tasks and a time schedule for tasks to be completed by principals and subcontractors;(8) recommendations for implementing research results, including identification, and involvement of potential users;(9) the total project cost, the amount(s) and source(s) of the local matching funds and services, and the total amount requested from the council;(10) a detailed project budget and timetable, and a detailed task budget for all aspects of the project;(11) all information required to satisfy the criteria for eligibility as set out in this section;(12) all information necessary to evaluate the application under the selection criteria as set out in this section;(13) a list of reports, plans, products and other deliverables the applicant will provide to the council;(14) information of other sources of funding, matching funds and like-kind funding or matching grants, if applicable;(15) suggested progress monitoring procedures;(16) any other pertinent data as deemed necessary by the council; and(17) evidence that the applicant is insured or can become insured for the tasks undertaken as a result of receiving a grant.(c) Criteria for selection of applied research grants. The council will review eligible grant applications. Grants may be awarded based upon the following criteria or other criteria identified in the council's solicitation document:(1) the availability of matching funds and other sources of funding for the proposal;(2) the urgency of need for the research;(3) the degree to which the proposal is responsive to the overall council objectives listed in these rules;(4) the qualifications of project staff and directly-related project and staff experience;(5) the reasonableness of the proposed budget and time schedules;(6) project organization and management, including project monitoring procedures;(7) statewide or regional application of research results;(8) technical, economic and environmental merit of the proposal;(9) relevance to and probability that the research will result in the improvement of the quality of wastewater treatment and reducing the cost of providing wastewater treatment to consumers; and(10) any other information as may be required for the specific project. Source Note: The provisions of this §286.51 adopted to be effective May 4, 2000, 25 TexReg 3789; amended to be effective January 24, 2010, 35 TexReg 499. 9 ON-SITE WASTEWATER TREATMENT RESEARCH COUNCIL 286 ON-SITE WASTEWATER TREATMENT RESEARCH COUNCIL B GRANTS §286.51 Applied Research Grants https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=144098&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 144098 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=144098&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 144098 03/11/2026 (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.(b) Information required for demonstration grants. The following information must be submitted in writing for each demonstration grant:(1) the applicant shall include in the proposal title a clear reference to a topic covered in the council's solicitation document; and the method of improving the quality of wastewater treatment and/or reducing the cost of providing wastewater treatment to consumers through the demonstration project.(2) a description of how the project is directed toward improving the quality of wastewater treatment and/or reducing the cost of providing wastewater treatment to consumers through the demonstration project;(3) a discussion of how the applicant intends to fulfill the requirements of the proposal;(4) resumés of principals, potential subcontractors, and principal investigators (including names, addresses, and telephone numbers), and a summary of pertinent experience of each entity;(5) site(s) of proposed project;(6) a detailed description of the facilities to be provided including land area, laboratories, classroom space, auditoriums, and other applicable facilities proposed;(7) a description of how the applicant intends to provide the raw, untreated sewage to the units being tested, the amount of flow available to the units, and emergency plans for failed units;(8) a description of how the applicant intends to protect groundwater and surface water, as well as the protection of public health and welfare during demonstration;(9) a detailed description of the testing equipment to be provided, including any equipment to be purchased through the awarding of the grant;(10) an explanation of the proposed calibration and testing techniques;(11) the total project cost, the amount(s) and source(s) of the local matching funds and services, and the total amount requested from the council;(12) a detailed project budget;(13) a commitment date for work to begin and a progress time schedule;(14) the designation of a contact person for additional information;(15) all information required to satisfy the criteria for eligibility as specified in this section;(16) any other information as deemed necessary by the council; and(17) evidence that the applicant is insured or can become insured for the tasks undertaken as a result of receiving a grant.(c) Criteria for selection of demonstration grants. The council will review the grant proposals. Grants may be awarded based upon the following criteria or other criteria identified in the council's solicitation document:(1) the availability of matching funds and other sources of funding for the proposal;(2) the degree to which the proposal is responsive to the overall objectives listed in this section;(3) the qualifications of project staff and directly-related project and staff experience;(4) the reasonableness of the proposed budget and time schedules;(5) project organization and management, including project monitoring procedures;(6) technical and environmental merit of the proposal;(7) the method of assuring the protection of groundwater, surface water, as well as the protection of public health and welfare; and(8) any other information as may be required for the specific project. Source Note: The provisions of this §286.52 adopted to be effective May 4, 2000, 25 TexReg 3789; amended to be effective January 24, 2010, 35 TexReg 499. 9 ON-SITE WASTEWATER TREATMENT RESEARCH COUNCIL 286 ON-SITE WASTEWATER TREATMENT RESEARCH COUNCIL B GRANTS §286.52 Demonstration Grants https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=144099&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 144099 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=144099&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 144099 03/11/2026 (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.(b) Information required for technology transfer grants. The following information must be submitted in writing for each technology transfer grant proposal:(1) the applicant shall include in the proposed title a clear reference to a topic covered in the council's solicitation document;(2) the applicant shall identify the category of technology transfer the applicant proposes, using one of the categories listed under paragraph (3) of this subsection;(3) a technology transfer must be from one or more of the following categories:(A) educational courses;(B) seminars;(C) symposia;(D) publications;(E) other forms of information dissemination; or(F) other form of technology transfer that is consistent with the standards current in the industry at the time the grant application is considered by the council;(4) a discussion of how the applicant intends to fulfill the requirements of the proposal, including distribution of materials at the end of the grant period;(5) resumés of principals, potential subcontractors and principal investigators (including names, addresses, and phone numbers), and a summary of pertinent experience of each entity;(6) a list of the types of information dissemination proposed with the estimated budget and timetable for each type;(7) information of other sources of funding, matching funds and like-kind funds or matching grants, if possible;(8) all information required to satisfy the criteria for eligibility as specified in this section;(9) any other pertinent data as deemed necessary by the council; and(10) evidence that the applicant is insured or can become insured for the tasks undertaken as a result of receiving a grant.(c) Criteria for selection for technology transfer grants. The council will review eligible grant proposals. Grants may be awarded based upon the following criteria or other criteria identified in the council's solicitation document:(1) the availability of matching funds and other sources of funding for the proposal;(2) the degree to which the proposal is responsive to the overall objectives listed in this section;(3) the qualifications of project staff and directly-related project and staff experience;(4) the quality of examples submitted to the council, if any;(5) the reasonableness of the proposed budget and time schedules;(6) project organization and management, including project monitoring procedures;(7) technical, economic, and environmental merit of the proposal; and(8) any other information as may be required for the specific project. Source Note: The provisions of this §286.53 adopted to be effective May 4, 2000, 25 TexReg 3789; amended to be effective January 24, 2010, 35 TexReg 499. 9 ON-SITE WASTEWATER TREATMENT RESEARCH COUNCIL 286 ON-SITE WASTEWATER TREATMENT RESEARCH COUNCIL B GRANTS §286.53 Technology Transfer Grants https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=144100&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 144100 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=144100&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 144100 03/11/2026 All grant applications must be submitted in compliance with the requirements of the applicable solicitation document issued by the council. Source Note: The provisions of this §286.75 adopted to be effective January 24, 2010, 35 TexReg 499. 9 ON-SITE WASTEWATER TREATMENT RESEARCH COUNCIL 286 ON-SITE WASTEWATER TREATMENT RESEARCH COUNCIL B GRANTS §286.75 Submission of Grant Applications https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=144101&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 144101 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=144101&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 144101 03/11/2026 The council will evaluate and discuss each eligible grant application it receives. An applicant whose grant application is determined to be eligible and meritorious by the council may be required to make an oral presentation of the proposal prior to a council decision being made. The council may award, deny, table, or take other action regarding a grant application based upon the funding available, the applicable selection criteria, including any additional criteria contained in the solicitation document, and other appropriate considerations. All council decisions are final. Source Note: The provisions of this §286.95 adopted to be effective May 4, 2000, 25 TexReg 3789; amended to be effective January 24, 2010, 35 TexReg 499. 9 ON-SITE WASTEWATER TREATMENT RESEARCH COUNCIL 286 ON-SITE WASTEWATER TREATMENT RESEARCH COUNCIL B GRANTS §286.95 Decision Making https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=144102&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 144102 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=144102&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 144102 03/11/2026 (a) All applicants awarded a grant will be notified of the award in writing by the executive secretary.(b) All grantees will be required to execute a written contract with the council prior to receiving grant funds.(c) Grantees/applicants shall comply with all applicable state and federal statutes, rules, regulations, and guidelines, including the Uniform Grant Management Standards (UGMS) adopted by the Governor's Office of Budget and Planning, and with the terms and conditions of the contract.(d) The council shall not be liable for any expenses incurred by an applicant prior to award of the grant.(e) All grant awards are subject to continuation of state appropriations. Source Note: The provisions of this §286.96 adopted to be effective May 4, 2000, 25 TexReg 3789; amended to be effective January 24, 2010, 35 TexReg 502. 9 ON-SITE WASTEWATER TREATMENT RESEARCH COUNCIL 286 ON-SITE WASTEWATER TREATMENT RESEARCH COUNCIL B GRANTS §286.96 Awards https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=144103&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 144103 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=144103&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 144103 03/11/2026 (a) All applicants denied an award will be notified of the denial and the reason(s) in writing by the executive secretary.(b) Any applicants denied funding will have the right to request one reconsideration of the project by the council. The request shall be made in writing and shall be reviewed at the next quarterly meeting.(c) The council shall not be liable for any expense incurred by an applicant in preparing a grant application or a request for reconsideration. Source Note: The provisions of this §286.97 adopted to be effective May 4, 2000, 25 TexReg 3789; amended to be effective January 24, 2010, 35 TexReg 499. 9 ON-SITE WASTEWATER TREATMENT RESEARCH COUNCIL 286 ON-SITE WASTEWATER TREATMENT RESEARCH COUNCIL B GRANTS §286.97 Denials https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=144104&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 144104 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=144104&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 144104 03/11/2026 The council may table a decision on a grant application to gather more information, to await confirmation from the state comptroller of the availability of funds, or for any other purpose. Any grant application so tabled shall be given priority for discussion at the next scheduled meeting of the council. Source Note: The provisions of this §286.98 adopted to be effective May 4, 2000, 25 TexReg 3789; amended to be effective January 24, 2010, 35 TexReg 499. 9 ON-SITE WASTEWATER TREATMENT RESEARCH COUNCIL 286 ON-SITE WASTEWATER TREATMENT RESEARCH COUNCIL B GRANTS §286.98 Tabling Decision https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=62137&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 62137 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=62137&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 62137 03/11/2026 The board's central offices are located in the City of Austin, Texas, in the Stephen F. Austin Building, 17th Street and Congress Avenue. The mailing address is P.O. Box 13231, Capitol Station, Austin, Texas 78711. Source Note: The provisions of this §353.2 adopted to be effective January 9, 1986, 10 TexReg 5012; amended to be effective February 11, 1999, 24 TexReg 762. 10 TEXAS WATER DEVELOPMENT BOARD 353 INTRODUCTORY PROVISIONS A GENERAL PROVISIONS §353.2 Business Offices and Mailing Address of the Board and Executive Administrator https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169986&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 169986 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169986&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 169986 03/11/2026 The board shall hold regular meetings and all hearings at times specified by a board order and entered in its minutes. The board may hold special meetings at the times and places in this state that the board decides are appropriate for the performance of its duties. The chairman of the board or the board member acting for the chairman shall give the other members reasonable notice before holding a special meeting. All meetings are subject to the Texas Open Meetings Act, Government Code, Chapter 551. The chairman, or the designated board member acting in the absence of the chairman, shall preside at all meetings of the board. Source Note: The provisions of this §353.3 adopted to be effective January 9, 1986, 10 TexReg 5012; amended to be effective February 11, 1999, 24 TexReg 762; amended to be effective November 26, 2014, 39 TexReg 9208. 10 TEXAS WATER DEVELOPMENT BOARD 353 INTRODUCTORY PROVISIONS A GENERAL PROVISIONS §353.3 Board Meetings https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213355&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 213355 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213355&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 213355 03/11/2026 (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. Source Note: The provisions of this §353.4 adopted to be effective January 9, 1986, 10 TexReg 5012; amended to be effective February 11, 1999, 24 TexReg 762; amended to be effective April 26, 2023, 48 TexReg 2134. 10 TEXAS WATER DEVELOPMENT BOARD 353 INTRODUCTORY PROVISIONS A GENERAL PROVISIONS §353.4 Public Participation https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3633&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3633 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3633&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3633 03/11/2026 The seal of the board will bear the words "Texas Water Development Board" encircling the oak and olive branches common to other official seals. Source Note: The provisions of this §353.5 adopted to be effective January 9, 1986, 10 TexReg 5012. 10 TEXAS WATER DEVELOPMENT BOARD 353 INTRODUCTORY PROVISIONS A GENERAL PROVISIONS §353.5 Seal of Board https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=62146&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 62146 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=62146&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 62146 03/11/2026 The minutes of the board are kept by the general counsel of the board in a form and manner as the board may prescribe from time to time in accordance with existing laws. They shall be signed by the chair or vice-chair and attested to by the executive administrator. Source Note: The provisions of this §353.6 adopted to be effective January 9, 1986, 10 TexReg 5012; amended to be effective February 11, 1999, 24 TexReg 762. 10 TEXAS WATER DEVELOPMENT BOARD 353 INTRODUCTORY PROVISIONS A GENERAL PROVISIONS §353.6 Minutes of the Board https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=62153&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 62153 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=62153&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 62153 03/11/2026 The board may itself appoint, and hereby delegates to the executive administrator the authority to appoint a department employee, who is an attorney licensed to practice law in this state, to conduct a hearing and to make a written report to the board on any matter to be considered by the board, including, but not limited to, consideration of a petition to the board for the adoption of a rule and the feasibility of federal projects under Texas Water Code, §12.051. Source Note: The provisions of this §353.9 adopted to be effective January 9, 1986, 10 TexReg 5012; amended to be effective February 11, 1999, 24 TexReg 762. 10 TEXAS WATER DEVELOPMENT BOARD 353 INTRODUCTORY PROVISIONS A GENERAL PROVISIONS §353.9 Delegation of Responsibility https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=98791&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 98791 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=98791&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 98791 03/11/2026 (a) Subject to the Texas Public Information Act, Government Code, Chapter 552, all information collected, assembled, or maintained by the board are public records open to inspection and copying during regular business hours.(b) A person submitting data or information to the board may request the data or information be designated as classified or confidential under an exception to the Public Information Act. If the executive administrator agrees with the designation, the data or information is not open for public inspection and shall be kept in confidence by the agency. If such information is requested by any other person, the executive administrator shall comply with the provisions of the Public Information Act, which may require disclosure of the information. Source Note: The provisions of this §353.10 adopted to be effective January 9, 1986, 10 TexReg 5012; amended to be effective February 11, 1999, 24 TexReg 762; amended to be effective January 1, 2003, 27 TexReg 12365. 10 TEXAS WATER DEVELOPMENT BOARD 353 INTRODUCTORY PROVISIONS A GENERAL PROVISIONS §353.10 Official Records Are Public https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213356&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 213356 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213356&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 213356 03/11/2026 At the time an application requiring action of the board is filed with the board and is administratively complete, the board shall give notice as follows.(1) The executive administrator shall mail notice confirming the information in paragraph (3) of this section to any person who shall have previously informed the executive administrator in writing of an interest in said application.(2) The executive administrator shall post the information contained in paragraph (3) of this section on the agency website.(3) Notices under this section shall state:(A) the identifying number given the application by the board;(B) the name and address of the applicant;(C) the date on which the application was submitted; and(D) a brief summary of the information included in the application. Source Note: The provisions of this §353.12 adopted to be effective January 9, 1986, 10 TexReg 5012; amended to be effective January 1, 2003, 27 TexReg 12365; amended to be effective April 26, 2023, 48 TexReg 2134. 10 TEXAS WATER DEVELOPMENT BOARD 353 INTRODUCTORY PROVISIONS A GENERAL PROVISIONS §353.12 Applications Filing and Notice https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=181454&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 181454 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=181454&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 181454 03/11/2026 (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 Section 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.(f) The executive administrator will adopt policies and procedures to obtain training and/or education for administrators and employees that include eligibility requirements and procedures for reimbursement that are in conformity with these rules and Texas Government Code Chapter 656, Subchapters C and D. Source Note: The provisions of this §353.31 adopted to be effective April 11, 2001, 26 TexReg 2745; amended to be effective December 8, 2016, 41 TexReg 9586. 10 TEXAS WATER DEVELOPMENT BOARD 353 INTRODUCTORY PROVISIONS B EMPLOYMENT PRACTICES §353.31 Agency-Funded Employee Training and Education https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207766&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 207766 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207766&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 207766 03/11/2026 (a) A sick leave pool program is established to help alleviate the hardship caused to an employee and the employee's family if a catastrophic illness or injury forces the employee to exhaust all accrued leave time and to lose compensation from the state.(b) A family leave pool program is established to provide eligible employees more flexibility to: bond with or care for a child in the child's first year after birth, adoption or foster placement; care for a person 18 or older in guardianship placement; care for a seriously ill family member or for the employee, including pandemic-related illnesses or complications caused by a pandemic; and provide essential care to a family member due to an extenuating circumstance created by an ongoing pandemic. Employees must have exhausted all eligible compensatory, discretionary, sick and vacation leave.(c) The Human Resources Director or other employee designated by the Executive Administrator will act as Sick Leave Pool and Family Leave Pool Administrator.(d) The Sick Leave Pool and Family Leave Pool Administrator, with the advice and consent of the Executive Administrator, will prescribe and implement policies and procedures for operation of the sick leave pool and family leave pool programs and include the policies in the Employee Handbook. The policies and procedures must be consistent with Texas Government Code Chapter 661.(e) Employee donations to the sick leave pool and family leave pool are strictly voluntary and must be made in writing. Source Note: The provisions of this §353.32 adopted to be effective June 3, 2018, 43 TexReg 3458; amended to be effective February 20, 2022, 47 TexReg 659. 10 TEXAS WATER DEVELOPMENT BOARD 353 INTRODUCTORY PROVISIONS B EMPLOYMENT PRACTICES §353.32 Employee Leave Pools https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213357&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 213357 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213357&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 213357 03/11/2026 The board adopts the current administrative rules adopted by the Texas Comptroller of Public Accounts regarding the Historically Underutilized Business Program. The Comptroller's rules can be found at Title 34, Part 1, Chapter 20, Subchapter D, Division 1. Source Note: The provisions of this §353.41 adopted to be effective April 11, 2001, 26 TexReg 2745; amended to be effective April 26, 2023, 48 TexReg 2134. 10 TEXAS WATER DEVELOPMENT BOARD 353 INTRODUCTORY PROVISIONS C HISTORICALLY UNDERUTILIZED BUSINESSES PROGRAM §353.41 Adoption of Comptroller Rules https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=62140&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 62140 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=62140&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 62140 03/11/2026 This subchapter governs the procedure and practice for public hearings conducted by the board for the adoption and amendment of rules which by statute or order of the board require notice and an opportunity for a public hearing. Source Note: The provisions of this §353.51 adopted to be effective January 9, 1986, 10 TexReg 5013; amended to be effective February 11, 1999, 24 TexReg 762. 10 TEXAS WATER DEVELOPMENT BOARD 353 INTRODUCTORY PROVISIONS D RULEMAKING PUBLIC HEARINGS OF THE BOARD §353.51 General https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=62141&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 62141 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=62141&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 62141 03/11/2026 The public hearing may be conducted in the manner the board, or the board's representative designated pursuant to §353.9 of this title (relating to Delegation of Responsibility), deems most suitable in order to obtain all the relevant information and testimony pertaining to the proposed rule as conveniently, inexpensively, and expeditiously as possible without prejudicing the rights of any person at the hearing. Source Note: The provisions of this §353.52 adopted to be effective January 9, 1986, 10 TexReg 5013; amended to be effective February 11, 1999, 24 TexReg 762. 10 TEXAS WATER DEVELOPMENT BOARD 353 INTRODUCTORY PROVISIONS D RULEMAKING PUBLIC HEARINGS OF THE BOARD §353.52 Policy https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=98795&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 98795 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=98795&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 98795 03/11/2026 The general counsel shall maintain a special file of all requests received from all persons for advance notice of proposed board rules. At the time the general counsel sends notice of proposed rule changes to the secretary of state, the general counsel shall also send notice of proposed rule changes by regular mail to each person of record in the file; however, failure to provide the notice does not invalidate any action taken or any rule adopted. At the end of each state fiscal year, the general counsel will notify all persons included on the list of the requirement to affirmatively express a desire to continue receiving the notices described herein, and shall eliminate those persons on the list who do not respond within a month of notification. Source Note: The provisions of this §353.53 adopted to be effective January 9, 1986, 10 TexReg 5013; amended to be effective January 1, 2003, 27 TexReg 12365. 10 TEXAS WATER DEVELOPMENT BOARD 353 INTRODUCTORY PROVISIONS D RULEMAKING PUBLIC HEARINGS OF THE BOARD §353.53 Mailing List of Persons Requesting Notice of Rulemaking by the Board https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19130&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19130 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19130&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19130 03/11/2026 (a) Any person who may be affected or is interested in the proposed rule may appear at the public hearing.(b) A person may appear in person or by his authorized representative.(c) A person appearing in a representative capacity shall disclose his authority to speak for the person represented. Source Note: The provisions of this §353.54 adopted to be effective January 9, 1986, 10 TexReg 5013. 10 TEXAS WATER DEVELOPMENT BOARD 353 INTRODUCTORY PROVISIONS D RULEMAKING PUBLIC HEARINGS OF THE BOARD §353.54 Appearance https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=62142&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 62142 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=62142&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 62142 03/11/2026 A person desiring to file briefs, affidavits, written statements, protests, comments, exhibits, technical reports, and any other document relating to the proposed rule shall submit the document no later than the deadline for receipt of public comment specified in the Texas Register rule publication, provided that the board may grant additional time for submission of additional documents. Source Note: The provisions of this §353.55 adopted to be effective January 9, 1986, 10 TexReg 5013; amended to be effective February 11, 1999, 24 TexReg 762. 10 TEXAS WATER DEVELOPMENT BOARD 353 INTRODUCTORY PROVISIONS D RULEMAKING PUBLIC HEARINGS OF THE BOARD §353.55 Submission of Documents https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=62143&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 62143 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=62143&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 62143 03/11/2026 (a) A person desiring to make an oral presentation shall advise the board or board's representative of his or her desire to be heard.(b) The board or board's representative may administer oaths to each person who testifies.(c) The board or board's representative will recognize and establish the order for presentation of comments, evidence and argument concerning the proposed rule.(d) When necessary and in context of the nature of the proceeding, in order to prevent undue hearing length, the board may limit:(1) the number of times a person may testify;(2) the time period for oral presentation; and(3) the time period for raising questions.(e) The board or board's representative may limit or exclude cumulative or unduly repetitious presentations. Source Note: The provisions of this §353.56 adopted to be effective January 9, 1986, 10 TexReg 5013; amended to be effective February 11, 1999, 24 TexReg 762. 10 TEXAS WATER DEVELOPMENT BOARD 353 INTRODUCTORY PROVISIONS D RULEMAKING PUBLIC HEARINGS OF THE BOARD §353.56 Oral Presentations https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=62144&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 62144 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=62144&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 62144 03/11/2026 (a) After the close of the hearing and the receipt of all oral presentation and documents, the board's representative, if the hearing has been before a representative, shall prepare a report. The report shall include:(1) a summary of the subject of the hearing;(2) a review and analysis of the comments submitted;(3) a copy of the proposed rule, if applicable, including any revisions recommended as the result of evidence presented; and(4) other pertinent information.(b) The report shall be submitted to the board for final action.(c) The board shall consider any written comments, objections, exceptions, or briefs submitted by any person concerning the proposed rule.(d) The board may grant requests for oral presentations. Source Note: The provisions of this §353.57 adopted to be effective January 9, 1986, 10 TexReg 5013; amended to be effective February 11, 1999, 24 TexReg 762. 10 TEXAS WATER DEVELOPMENT BOARD 353 INTRODUCTORY PROVISIONS D RULEMAKING PUBLIC HEARINGS OF THE BOARD §353.57 Action after Hearing Concluded https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=98796&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 98796 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=98796&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 98796 03/11/2026 (a) Any interested person may petition the board requesting the adoption of a rule. Petitions shall be submitted in writing by delivering the petition to the executive administrator. The petition shall comply with the following requirements.(1) A separate petition shall be submitted for each rule chapter for which adoption is sought.(2) Each petition must state the name and address of the petitioner.(3) Each petition shall include:(A) a brief explanation of the proposed rule;(B) the text of the proposed rule prepared in a manner to indicate the words to be added or deleted from the current text, if any;(C) justification for adoption of the proposed rule;(D) a statement of the statutory or other authority under which the rule is to be promulgated; and(E) an allegation of injury or inequity which could result from the failure to adopt the proposed rule.(4) A petition may be denied for failure to comply with the requirements of this rule.(b) Within 60 days after the executive administrator's receipt of a petition, the board shall consider the petition at its meeting and shall either deny the petition in writing, stating its reasons for the denial, or shall initiate rulemaking proceedings in accordance with the Administrative Procedure Act, Government Code, Chapter 2001, Subchapter B. Source Note: The provisions of this §353.58 adopted to be effective January 9, 1986, 10 TexReg 5013; amended to be effective February 11, 1999, 24 TexReg 762; amended to be effective January 1, 2003, 27 TexReg 12365. 10 TEXAS WATER DEVELOPMENT BOARD 353 INTRODUCTORY PROVISIONS D RULEMAKING PUBLIC HEARINGS OF THE BOARD §353.58 Petition for Adoption of Rules https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=98797&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 98797 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=98797&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 98797 03/11/2026 Prior to the initiation of any formal action, and while the board may be contemplating the need for a new or amended rule, the board or executive administrator may convene informal conferences and consultations to obtain viewpoints and advice of interested persons. The board may also appoint committees of experts or interested persons or representatives of the general public to advise it regarding any contemplated rulemaking. The powers of such committees are advisory only. The board or executive administrator may utilize the procedures of negotiated rulemaking as set forth in the Negotiated Rulemaking Act, Government Code, Chapter 2008. Source Note: The provisions of this §353.60 adopted to be effective January 9, 1986, 10 TexReg 5013; amended to be effective February 11, 1999, 24 TexReg 762; amended to be effective January 1, 2003, 27 TexReg 12365. 10 TEXAS WATER DEVELOPMENT BOARD 353 INTRODUCTORY PROVISIONS D RULEMAKING PUBLIC HEARINGS OF THE BOARD §353.60 Advisory Conference on Rules https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86345&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86345 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86345&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86345 03/11/2026 (a) Each board vehicle will be assigned to the board's motor pool and be available for checkout.(b) Vehicles that are used by field staff stationed in locations other than Austin, Texas will be assigned to the motor pool for that field office.(c) The executive administrator may assign a vehicle to an individual administrative or executive employee on a regular or everyday basis only if the executive administrator makes a written documented finding that the assignment is critical to the needs and mission of the agency. Source Note: The provisions of this §353.71 adopted to be effective April 11, 2001, 26 TexReg 2745. 10 TEXAS WATER DEVELOPMENT BOARD 353 INTRODUCTORY PROVISIONS E VEHICLE FLEET SERVICES §353.71 Vehicle Fleet Pool https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=62148&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 62148 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=62148&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 62148 03/11/2026 The purpose of this subchapter is to establish procedures for the acceptance of gifts, including private donations made to the board and to create standards of conduct to govern the relationship between the board and the donors and between the board and private organizations designed to further the purposes and duties of the board. Source Note: The provisions of this §353.80 adopted to be effective July 7, 1994, 19 TexReg 4962; amended to be effective February 11, 1999, 24 TexReg 762. 10 TEXAS WATER DEVELOPMENT BOARD 353 INTRODUCTORY PROVISIONS F RELATIONSHIP BETWEEN THE BOARD AND DONORS §353.80 Purpose of Rules https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=62149&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 62149 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=62149&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 62149 03/11/2026 The Texas Water Development Board is statutorily authorized to accept gifts pursuant to the Texas Water Code, §6.192. It shall be the policy of the board to accept only those gifts that advance the mission of the agency. Source Note: The provisions of this §353.81 adopted to be effective July 7, 1994, 19 TexReg 4962; amended to be effective February 11, 1999, 24 TexReg 762. 10 TEXAS WATER DEVELOPMENT BOARD 353 INTRODUCTORY PROVISIONS F RELATIONSHIP BETWEEN THE BOARD AND DONORS §353.81 Introduction https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=62150&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 62150 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=62150&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 62150 03/11/2026 The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) Donation--Money and other assistance from any source other than from governmental entities and political subdivisions for the purpose of furthering the powers and duties of the board.(2) Donation agreement--The donative instrument executed by the executive administrator and the donor which identifies the donation and outlines any special conditions of the donation.(3) Donor--One or more individuals or organizations other than a governmental entity or political subdivision that offer or give a donation to the board.(4) Executive administrator--The executive administrator of the board or his designee.(5) Gifts--Donations of money or property from any source.(6) Support organization--A legally incorporated or otherwise associated nonprofit organization which is organized or designed to support or further the purposes, duties and programs of mutual interest to the organization and the board. Source Note: The provisions of this §353.82 adopted to be effective July 7, 1994, 19 TexReg 4962; amended to be effective February 11, 1999, 24 TexReg 762. 10 TEXAS WATER DEVELOPMENT BOARD 353 INTRODUCTORY PROVISIONS F RELATIONSHIP BETWEEN THE BOARD AND DONORS §353.82 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=62151&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 62151 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=62151&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 62151 03/11/2026 (a) Donation agreement. The donor and the executive administrator shall execute a donation agreement which includes the following information:(1) a description of the donation, including a determination of the value;(2) a statement by the donor attesting to its ownership rights in the property;(3) the signature of the donor if the donor is an individual or its official representative if the donor is a business organization;(4) the signature of the executive administrator;(5) any conditions restricting the use of the donation;(6) the mailing address of the donor and principal place of business if the donor is a business entity;(7) a statement identifying any official relationship between the donor and the board; and(8) a statement advising the donor to seek legal and/or tax advice from its own legal counsel.(b) Deposited funds. The board shall deposit monetary contributions from gifts or donations in accordance with state law. The money contributed shall be used to carry out the purposes of the board and, to the extent possible, the purposes specified by the donors. Source Note: The provisions of this §353.83 adopted to be effective July 7, 1994, 19 TexReg 4962; amended to be effective February 11, 1999, 24 TexReg 762. 10 TEXAS WATER DEVELOPMENT BOARD 353 INTRODUCTORY PROVISIONS F RELATIONSHIP BETWEEN THE BOARD AND DONORS §353.83 Procedures for Acceptance of Donations https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3638&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3638 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3638&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3638 03/11/2026 The board will adhere to all policies relating to the acceptance of gifts from persons appearing before the board as adopted by the Texas Ethics Commission and the ethics policy of the board. Source Note: The provisions of this §353.84 adopted to be effective July 7, 1994, 19 TexReg 4962. 10 TEXAS WATER DEVELOPMENT BOARD 353 INTRODUCTORY PROVISIONS F RELATIONSHIP BETWEEN THE BOARD AND DONORS §353.84 Donations from Persons Appearing before the Board https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=98793&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 98793 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=98793&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 98793 03/11/2026 (a) All gifts made to the board shall be accepted by the executive administrator.(b) A majority of the board shall acknowledge acceptance of gifts of $500 or more in an open meeting within 90 days of the date the gift is accepted. The minutes of the board shall reflect the name of the person or entity making the gift, a description of the gift, and a statement of the purpose of the gift.(c) All gifts will be accepted on behalf of the board. No officers or employees of the board can accept gifts in their individual capacities or receive a personal benefit from gifts. Source Note: The provisions of this §353.85 adopted to be effective July 7, 1994, 19 TexReg 4962; amended to be effective February 11, 1999, 24 TexReg 762; amended to be effective January 4, 2000, 24 TexReg 12069; amended to be effective January 1, 2003, 27 TexReg 12365. 10 TEXAS WATER DEVELOPMENT BOARD 353 INTRODUCTORY PROVISIONS F RELATIONSHIP BETWEEN THE BOARD AND DONORS §353.85 Acceptance of Gifts https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19144&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19144 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19144&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19144 03/11/2026 Any person or entity seeking to contract with the board on a competitive basis or otherwise shall disclose all previous donations occurring within the preceding two years to the board or any other state agency. The disclosure shall include the following information:(1) the nature and value of the donation; and(2) the date the donation was made and the recipient. If the donation is ongoing, the last date that the donation was available to the agency shall be used to determine the date of the donation. Source Note: The provisions of this §353.87 adopted to be effective July 7, 1994, 19 TexReg 4962. 10 TEXAS WATER DEVELOPMENT BOARD 353 INTRODUCTORY PROVISIONS F RELATIONSHIP BETWEEN THE BOARD AND DONORS §353.87 Standard of Conduct between the Board and Donors https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19145&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19145 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19145&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19145 03/11/2026 (a) An officer or employee shall not accept or solicit any gift, favor, or service from a donor that might reasonably tend to influence his or her official conduct or that the officer or employee knows is being offered with the intent to influence official conduct.(b) An officer or employee shall not accept employment or engage in any business or professional activity with a donor which the officer or employee might reasonably expect would require or induce disclosure of confidential information acquired by reason of his or her position. Source Note: The provisions of this §353.88 adopted to be effective July 7, 1994, 19 TexReg 4962. 10 TEXAS WATER DEVELOPMENT BOARD 353 INTRODUCTORY PROVISIONS F RELATIONSHIP BETWEEN THE BOARD AND DONORS §353.88 Standard of Conduct between Board Officers and Employees and Donors https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=98794&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 98794 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=98794&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 98794 03/11/2026 (a) The board may cooperate with support organizations. Support organizations are private organizations that are designed to further the purposes and duties of the board. Any organization wishing to establish a relationship with the board as a support organization must submit copies of its charter and bylaws or other organizational documents to the executive administrator for review.(b) The board will maintain a list of support organizations with which it cooperates.(c) If funds are received by the board from a support organization, the organization and the board shall maintain current, accurate and complete records and accounts in accordance with generally accepted accounting principles. All funds received by the support organization to further the purposes and duties of the board shall be properly invested and administered for the benefit of the board in a manner that furthers such purposes. The board may require periodic financial reports, an annual audit prepared by a certified public accountant, and a final accounting of all funds received by the support organization. Source Note: The provisions of this §353.89 adopted to be effective July 7, 1994, 19 TexReg 4962; amended to be effective January 1, 2003, 27 TexReg 12365. 10 TEXAS WATER DEVELOPMENT BOARD 353 INTRODUCTORY PROVISIONS F RELATIONSHIP BETWEEN THE BOARD AND DONORS §353.89 Cooperation with Private Organizations https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3639&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3639 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3639&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3639 03/11/2026 The executive administrator may designate an officer or employee of the board to serve as the board's liaison with support organizations. Source Note: The provisions of this §353.90 adopted to be effective July 7, 1994, 19 TexReg 4962. 10 TEXAS WATER DEVELOPMENT BOARD 353 INTRODUCTORY PROVISIONS F RELATIONSHIP BETWEEN THE BOARD AND DONORS §353.90 Designation of Agency Liaison https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=28543&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 28543 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=28543&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 28543 03/11/2026 An officer or employee who is designated by the executive administrator and serves as an agency liaison shall receive no compensation from the support organization for such service. Source Note: The provisions of this §353.91 adopted to be effective July 7, 1994, 19 TexReg 4962. 10 TEXAS WATER DEVELOPMENT BOARD 353 INTRODUCTORY PROVISIONS F RELATIONSHIP BETWEEN THE BOARD AND DONORS §353.91 Compensation from Support Organizations https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19094&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19094 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19094&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19094 03/11/2026 The executive administrator may authorize reasonable use of board personnel, equipment, or property by a support organization, provided such usage is commensurate with the benefits received or to be received by the board in furtherance of its purposes, duties, and programs. Source Note: The provisions of this §353.92 adopted to be effective July 7, 1994, 19 TexReg 4962. 10 TEXAS WATER DEVELOPMENT BOARD 353 INTRODUCTORY PROVISIONS F RELATIONSHIP BETWEEN THE BOARD AND DONORS §353.92 Use of Personnel, Equipment, or Property https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3640&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3640 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3640&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3640 03/11/2026 Board personnel may not serve in the capacity as officer or director of a support organization or donor. Source Note: The provisions of this §353.93 adopted to be effective July 7, 1994, 19 TexReg 4962. 10 TEXAS WATER DEVELOPMENT BOARD 353 INTRODUCTORY PROVISIONS F RELATIONSHIP BETWEEN THE BOARD AND DONORS §353.93 Service as Officer or Director https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=31144&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 31144 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=31144&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 31144 03/11/2026 Nothing herein shall supersede any rule or statute regulating the conduct of an employee of a state agency or the procedures of a state agency. Source Note: The provisions of this §353.94 adopted to be effective July 7, 1994, 19 TexReg 4962. 10 TEXAS WATER DEVELOPMENT BOARD 353 INTRODUCTORY PROVISIONS F RELATIONSHIP BETWEEN THE BOARD AND DONORS §353.94 Conflict https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224375&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 224375 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224375&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 224375 03/11/2026 (a) The executive administrator will identify value-added services that relate to the goals and responsibilities of the Texas Geographic Information Office (TxGIO). For those services identified, the executive administrator may enter partnerships with service providers. (b) The executive administrator will determine if the entity submitting a written request to form a partnership is an entity that provides services identified in subsection (a) of this section. If so, the executive administrator may enter a written agreement with the entity to form a partnership. (c) The executive administrator must develop and implement, with board approval, a charge schedule for entities entering partnerships with the executive administrator. Monies collected from entities entering partnerships with the executive administrator must be used to improve access to TxGIO information.(d) The written agreement must be consistent with the agency's contracting policies and procedures and ethics policy.(e) Partnerships may include:(1) those with non-profit organizations to enhance services such as event collaboration and funding, data and service delivery, grant and charitable funding opportunities, resource sharing, advocacy, and emergency response; and(2) those with for-profit companies for data acquisition, software development, software purchase, geospatial support and services, data storage, infrastructure development, and emergency response. Source Note: The provisions of this §353.100 adopted to be effective February 5, 2002, 27 TexReg 760; amended to be effective March 5, 2025, 50 TexReg 1693. 10 TEXAS WATER DEVELOPMENT BOARD 353 INTRODUCTORY PROVISIONS G TEXAS GEOGRAPHIC INFORMATION OFFICE (TxGIO) §353.100 Partnerships with Value-Added Service Providers https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224376&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 224376 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224376&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 224376 03/11/2026 The board may authorize the executive administrator to enter other partnerships, on behalf of TxGIO in order to:(1) accept gifts and grants for TxGIO through a nonprofit corporation. The acceptance of any gift or grant will be in compliance with Subchapter F of this chapter (relating to The Relationship Between the Board and Donors); and(2) accept volunteer labor. Source Note: The provisions of this §353.101 adopted to be effective February 5, 2002, 27 TexReg 760; amended to be effective March 5, 2025, 50 TexReg 1693. 10 TEXAS WATER DEVELOPMENT BOARD 353 INTRODUCTORY PROVISIONS G TEXAS GEOGRAPHIC INFORMATION OFFICE (TxGIO) §353.101 Other Partnerships https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224377&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 224377 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224377&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 224377 03/11/2026 The following words and terms have the following meanings when used in this chapter, unless the context clearly indicates otherwise.(1) Geographic dataset--Digital data that illustrate and describe some characteristic of the earth's surface or a region near the earth's surface. A geographic dataset employs a defined, earth-based coordinate system that allows its use in a geographic information system. For the purposes of this rule, geospatial has the same meaning as geographic.(2) Geographic dataset enhancement--Substantial alteration of a geographic dataset that increases its usefulness through the addition or modification of attribute (tabular) data fields, improvements in spatial accuracy, or extension of geographic coverage.(3) Geographic information system (GIS)--A system of computer hardware, software, and procedures used to store, analyze, and display geographic data and related tabular data in a geographic context to solve complex planning and management problems in a wide variety of applications.(4) Geospatial metadata--A description of the characteristics of a geographic dataset recorded in a standard format. Characteristics include data content, quality, purpose, condition, format, spatial coordinate system, availability, etc. The Federal Geographic Data Committee has defined a formal content standard for digital geospatial metadata for use by federal agencies.(5) GIS map product--A geographic representation, in paper or electronic format, displaying features from one or more geographic datasets. Small scale images that are clearly intended only for graphic illustration within a larger publication are not considered to be GIS map products.(6) State Agency--A department, commission, board, office, council, authority, or other agency, including an institution of higher education, in the executive or judicial branch of state government, that is created by the constitution or a statute of this state.(7) State Geographic Information Officer (GIO)--The official coordinating, establishing, supporting, and monitoring geographic information technology in Texas pursuant to Water Code §16.021(c). The GIO serves as deputy executive administrator of the Texas Geographic Information Office (TxGIO) within the Texas Water Development Board.(8) Strategic Mapping (StratMap) datasets--Geographic datasets identified by the state Geographic Information Officer as high priority for acquisition or enhancement, developed or acquired by state agencies, including institutions of higher education, or other Texas government entities, and intended for sharing and integration into a single statewide compilation.(9) Texas Geographic Information Office--TxGIO, formerly known as Texas Natural Resources Information System (TNRIS). Source Note: The provisions of this §353.102 adopted to be effective July 19, 2020, 45 TexReg 4774; amended to be effective March 5, 2025, 50 TexReg 1693. 10 TEXAS WATER DEVELOPMENT BOARD 353 INTRODUCTORY PROVISIONS G TEXAS GEOGRAPHIC INFORMATION OFFICE (TxGIO) §353.102 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224378&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 224378 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224378&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 224378 03/11/2026 (a) Applicability. All users and developers of geographic datasets and geographic information systems in state agencies must comply with the technical standards specified in this section. Activities conducted by a registered professional land surveyor while engaged in the practice of professional surveying, as defined in the Professional Land Surveying Practices Act (Texas Occupations Code, Chapter 1071) are exempt from these standards.(b) Implementation guidance. Pursuant to Water Code §16.021(c), the GIO provides guidance to the Executive Administrator of the Texas Water Development Board and to the Department of Information Resources (the department). The guidance provided by the GIO to the department relates to technology standards developed by the department for geographic datasets pursuant to Water Code §16.021(e)(4).(c) Geographic Information Standards.(1) Geographic dataset acquisition and development.(A) Standard. An agency planning to acquire, develop, or enhance a geographic dataset that may correspond to a StratMap dataset must coordinate such activity with the GIO to determine potential use of the StratMap contracts.(B) Procurement of public domain geographic datasets. An agency that procures a copy of a federal or other public domain geographic dataset must make the dataset available to TxGIO. TxGIO will make these datasets available to other agencies, institutions of higher education, and to the public.(2) Geographic dataset exchange: Data format. An agency that originates or adds data content to a non-proprietary geographic dataset and distributes the dataset to another state agency, institution of higher education, or the public must make the dataset available in at least one digital format that is recognized by the most commonly used geographic information systems. This requirement does not preclude the agency from offering the dataset in other data formats. The GIO provides guidance on acceptable formats for data exchange.(3) Geographic dataset documentation.(A) Preparation. An agency must prepare documentation for each geographic dataset that it both:(i) originates and/or adds data content to; and(ii) distributes as a standard product to another state agency, institution of higher education, or the public.(B) Statement of Purpose. Documentation must include a statement of the purpose or intended use of the dataset and a disclaimer warning against unintended uses of the dataset. If an agency is aware of specific inappropriate uses of the dataset that some users may be inclined to make, the dataset disclaimer must specifically warn against those uses.(C) Format. This documentation must be in a geospatial metadata format specified by the GIO.(D) Delivery. In responding to a request for a geographic dataset, an agency must provide the requestor a copy of the documentation. (4) GIS map product disclaimer. Any map product, in paper or electronic format, produced using geographic information system technology and intended for official use and/or distribution outside the agency, must include a disclaimer statement advising against inappropriate use. If the nature of the map product is such that a user could incorrectly consider it to be a survey product, the disclaimer must clearly state that the map is not a survey product. Source Note: The provisions of this §353.103 adopted to be effective July 19, 2020, 45 TexReg 4774; amended to be effective April 26, 2023, 48 TexReg 2134; amended to be effective March 5, 2025, 50 TexReg 1693. 10 TEXAS WATER DEVELOPMENT BOARD 353 INTRODUCTORY PROVISIONS G TEXAS GEOGRAPHIC INFORMATION OFFICE (TxGIO) §353.103 State Agency Geographic Information Standards https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=106817&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 106817 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=106817&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 106817 03/11/2026 The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Attorney General--The Office of the Attorney General, acting through the Bankruptcy and Collections Division of the agency.(2) Board--The Texas Water Development Board.(3) Debt--The dollar amount of all delinquent monetary obligations claimed by the board to be owed, regardless of any legal disability or defense of the debtor.(4) Debtor--Any person or entity liable or potentially liable for an obligation owed to the Texas Water Development Board or against whom a claim or demand for payment has been made by the Texas Water Development Board.(5) Delinquent--Payment is past due, by law or by customary business practice, and all conditions precedent to payment have occurred or been performed.(6) Executive administrator--The executive administrator of the Texas Water Development Board or the executive administrator's designated representative.(7) Judgment--A valid and subsisting judgment of a court of law that is not on appeal, nor void or stale.(8) Make demand--To deliver or cause to be delivered by United States mail, first class, a writing setting forth the nature and amount of the obligation owed to the Texas Water Development Board. A writing making demand is a "demand letter."(9) Obligation--A debt, judgment, claim, account, fee, fine, tax, penalty, interest, loan, charge, or grant.(10) Security--Any right to have property owed by an entity with an obligation to a state agency sold or forfeited in satisfaction of the obligation; and any instrument granting a cause of action in favor of the Texas Water Development Board against another entity and/or that entity's property, such as a bond, letter of credit, or other collateral that has been pledged to the agency to secure an obligation.(11) Uncollectible--As it refers to delinquent obligations, means that circumstances indicate a permanent inability of a debtor to make payments towards the obligation; the debtor has been legally relieved of the obligation; or the debt is legally unenforceable. Such circumstances include, but are not limited to, bankruptcy discharge, the death of the debtor, the revocation of a charter of a debtor corporation without assets, etc. Source Note: The provisions of this §353.120 adopted to be effective January 6, 2004, 29 TexReg 214. 10 TEXAS WATER DEVELOPMENT BOARD 353 INTRODUCTORY PROVISIONS H COLLECTING DELINQUENT OBLIGATIONS §353.120 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=106818&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 106818 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=106818&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 106818 03/11/2026 (a) In every fiduciary or trust relationship between the board as principal and a debtor as trustee, or in any transaction that could result in a debtor owing the board an obligation, the board shall collect and maintain an accurate physical address and telephone number for the person or entity. A post office box address will only be accepted in addition to the physical address or when it is impractical to obtain the physical address.(b) Before an obligation is treated as delinquent, it must be examined by the board's general counsel or designated attorney to determine liability of each person responsible for the obligation and whether the liability is under statute or common law. Source Note: The provisions of this §353.121 adopted to be effective January 6, 2004, 29 TexReg 214. 10 TEXAS WATER DEVELOPMENT BOARD 353 INTRODUCTORY PROVISIONS H COLLECTING DELINQUENT OBLIGATIONS §353.121 Procedures For Establishing A Delinquent Obligation https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213359&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 213359 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213359&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 213359 03/11/2026 (a) When an obligation has been determined to be delinquent, pursuant to §353.121 of this title (relating to Procedures For Establishing A Delinquent Obligation), the board shall take the following steps.(1) Verify the debtor's address and telephone number, to the extent possible.(2) Use the comptroller of public account's "Warrant Hold" procedures to prevent payment to a delinquent debtor.(3) Within 30 days of the obligation being determined to be delinquent, send the debtor a demand letter for the full amount of the obligation.(4) If the debtor does not respond to the demand letter, send a second demand letter no sooner than 30 days but not more than 60 days after the first demand letter was mailed.(5) Verify that the obligation is not legally uncollectible or uncollectible as a practical matter.(A) In cases of bankruptcy, the board shall prepare and timely file a proof of claim, when appropriate, in the bankruptcy case of each debtor. Copies of all such proofs of claims filed shall be sent to the attorney general. The board shall maintain records of notices of bankruptcy filings, dismissals, and discharge orders to enable it to ascertain whether the collection of the claim is subject to automatic stay provisions or whether the debt has been discharged.(B) If the obligation is subject to an applicable limitation provision that would prevent suit as a matter of law, the obligation will not be referred to the attorney general unless circumstances indicate the limitations provision has been tolled or is otherwise inapplicable.(C) If a corporation has been dissolved, has been liquidated under Chapter 7 of the United States Bankruptcy Code, or has forfeited its corporate privileges or charter, or, in the case of a foreign corporation, had its certificate of authority revoked, the obligation shall be referred to the attorney general unless circumstances indicate the account is clearly uncollectible. These circumstances shall be documented in the appropriate account file.(D) If the debtor is an individual and is located out-of-state, or outside the United States, the matter shall not be referred to the attorney general unless a determination is made that the domestication of a Texas judgment in the foreign forum would more likely than not result in collection of the obligation, or that the expenditure of board funds to retain foreign counsel to domesticate the judgment and proceed with collection attempts is justified. The board shall consult with the attorney general in making such determinations.(E) If the debtor is deceased, the board shall file a claim in each probate proceeding administering the decedent's estate. If such probate proceeding has concluded and there are no remaining assets of the decedent available for distribution, the delinquent obligation shall be classified as uncollectible and not referred to the attorney general. If probate administration is pending or if none has been opened, any referral to the attorney general shall include an explanation of any circumstances indicating that the decedent has assets available to apply towards satisfying the obligation.(6) If the debtor does not respond to the second demand letter within 30 days of it being mailed, and if the debt is not determined to be legally uncollectible or uncollectible as a practical matter, the board shall report the uncollected and delinquent obligation to the attorney general for further collection efforts. However, delinquent obligations upon which a bond or other security is held shall be referred to the attorney general no later than 60 days after becoming delinquent. If the principal has filed for relief under federal bankruptcy laws, the account shall be referred to the attorney general immediately upon notice or as soon as the board knows of the filing.(b) Demand letters sent by the board shall include a statement, where practical, that the debt, if not paid, will be referred to the Texas attorney general's office. The demand letters shall be mailed in envelopes bearing the notation "address correction requested" in conformity with the current regulations and policies of the United States Postal Service. If an address correction is provided by the United States Postal Service, the affected demand letter shall be resent to the address provided.(c) Where permitted by state law, the board shall file a lien securing an obligation in the appropriate records of the county where the debtor's principal place of business or, where appropriate, the debtor's residence is located or in such county as may be required by law. The lien shall be filed as soon as the obligation becomes delinquent or as soon as is practicable. If the delinquent obligation is referred to the attorney general in accordance with this section, the lien may not be released unless the board receives written approval from the attorney general or if the delinquent obligation is paid in full.(d) Where practicable, the board shall maintain individual collection histories of each account in order to document attempted contacts with the debtor, the substance of the communications with the debtor, efforts to locate the debtor and assets, and other information pertinent to collection of the delinquent account.(e) The procedures of this section do not apply to:(1) bonds or other debt obligations held by the board as evidence of debt incurred through the board's financial assistance programs for which collection remedies are provided by the debt vehicle or by law; or(2) any debt for which a collection process is already determined by law. Source Note: The provisions of this §353.122 adopted to be effective January 6, 2004, 29 TexReg 214; amended to be effective March 20, 2007, 31 TexReg 1581; amended to be effective April 26, 2023, 48 TexReg 2134. 10 TEXAS WATER DEVELOPMENT BOARD 353 INTRODUCTORY PROVISIONS H COLLECTING DELINQUENT OBLIGATIONS §353.122 Procedures For Collecting A Delinquent Obligation https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=139170&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 139170 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=139170&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 139170 03/11/2026 (a) Financial analysts and service providers described by Government Code §2263.004 should avoid:(1) any relationship with any party to a transaction with the board or authority, other than a relationship necessary to the investment or funds management services that the financial advisor or service provider performs for the board or authority, if a reasonable person could expect the relationship to diminish the financial advisor's or service provider's independence of judgment in the performance of the person's responsibilities to the board or authority; and(2) any direct or indirect pecuniary interest in any party to a transaction with the board or authority, if the transaction is connected with any financial advice or service the financial advisor or service provider provides to the board or authority or to a member of the board in connection with the management or investment of state funds.(b) Financial analysts or service providers described by Government Code §2263.004 must report any relationship or pecuniary interest described in subsection (a) of this section in writing to the executive administrator or designated representative, without regard to whether the relationship is a direct, indirect, personal, private, commercial, or business relationship. Source Note: The provisions of this §353.130 adopted to be effective December 21, 2008, 33 TexReg 10188. 10 TEXAS WATER DEVELOPMENT BOARD 353 INTRODUCTORY PROVISIONS I ETHICS AND CONFLICTS OF INTEREST §353.130 Financial Analysts and Service Providers https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213360&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 213360 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213360&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 213360 03/11/2026 (a) In accordance with Government Code §§2261.253(c) and 2261.256, contract managers will perform risk analyses for goods and services contracts to determine whether enhanced contract and performance monitoring is necessary. The following attributes will be considered, as applicable:(1) risk of fraud, waste, or abuse;(2) cost, duration, and scope of the contract;(3) responsibilities and accountability of agency and vendor staff;(4) vendor experience and past performance;(5) data security protocols; and(6) legislative or statutory requirements, potential impact on agency operations or programs, and external stakeholder impacts.(b) Any contract rated high risk will receive enhanced contract monitoring to be performed by the contract manager. Enhanced contract monitoring may include the following actions, as applicable:(1) weekly or monthly progress reports;(2) documented controlled correspondence;(3) regular site visits;(4) project team meetings; and/or(5) documentation of corrective actions.(c) Contract and performance monitoring activities will be documented and reported to the board on a quarterly basis. The Procurement Director, in working with the contract manager, will notify the board of any serious issue or risk identified with respect to a contract subject to enhanced monitoring.(d) This process does not apply to an interagency agreement or contract, interlocal agreement, memorandum of understanding, a contract for which there is not a cost, or agency grant programs. Source Note: The provisions of this §353.140 adopted to be effective December 8, 2016, 41 TexReg 9588; amended to be effective April 26, 2023, 48 TexReg 2134. 10 TEXAS WATER DEVELOPMENT BOARD 353 INTRODUCTORY PROVISIONS J ENHANCED CONTRACT MONITORING §353.140 Enhanced Contract Monitoring Procedure https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=69799&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 69799 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=69799&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 69799 03/11/2026 (a) In 1996, the U.S. Congress found that the requirements of the Safe Drinking Water Act, 42 U.S.C. 300 et seq. (SDWA) exceeded the financial and technical capacity of some public water systems and that States needed increased financial resources and appropriate flexibility to ensure the prompt and effective development and implementation of drinking water programs. To this end, Congress enacted the Safe Drinking Water Act Amendments of 1996 (PL 104-182) (Amendments of 1996) which provides for water protection programs, changes to regulatory programs, small systems technology and funding for States and water systems. The Amendments provide for the establishment of drinking water treatment revolving loan funds (DWSRF) by states in order to receive capitalization grants through the United States Environmental Protection Agency (USEPA) for the purpose of furthering the health protection objectives of the SDWA. To be eligible to receive a grant, a State must establish a DWSRF and comply with the provisions of the Amendments of 1996.(b) The Texas Water Development Board (board) provides financial assistance for the construction of water facilities and pursuant to the terms of Chapter 15, Section 15.602(1) Texas Water Code, is authorized to establish an additional state revolving fund to provide financial assistance to eligible applicants for public works in accordance with capitalization grant program requirements established by a federal agency.(c) Texas Natural Resource Conservation Commission (commission) through the "primacy" approval granted the State of Texas in 1978 is responsible for implementing the drinking water regulatory scheme established by the Safe Drinking Water Act and for enforcing the national drinking water standards set by USEPA. The commission is also charged with the administration of Chapter 341, Subchapter C of the Health and Safety Code to ensure safe and adequate sources of drinking water from public water systems.(d) The commission and board (parties) now intend to enter into a Memorandum of Understanding (MOU) pursuant to the authority, respectively, of Chapter 5, Section 5.104 and Chapter 6, Section 6.104, Texas Water Code, for the purpose of seeking out the respective duties and responsibilities of the Parties and to improve the efficiency and effectiveness of the board and commission operations in administering the provisions of the Amendments of 1996.(1) The board will manage the financial administration of the DWSRF pursuant to State and Federal laws and will ensure compliance with the USEPA programmatic requirements for the DWSRF program.(2) The commission will establish assistance priorities for the use of funds from the DWSRF and will provide the board with all information and reports necessary for the board's compliance with the USEPA programmatic requirements of the DWSRF program.(3) The board will be responsible for the following activities under this MOU:(A) prepare and adopt rules, and establish and maintain accounts necessary for the financial administration of the DWSRF;(B) prepare and enter into capitalization grant agreements with USEPA;(C) annually prepare contracts to be entered into by the board and commission which provide for the transfer of set-aside funds to the commission;(D) communicate applicable Federal audit requirements to the commission;(E) prepare and submit to USEPA project priority lists and annual intended use plans consistent with the priority system developed by the commission;(F) act on applications for assistance, and draw down federal funds and transfer construction funds to assistance recipients;(G) prepare and submit to USEPA biennial reports on the DWSRF;(H) participate in annual DWSRF audits and USEPA oversight efforts;(I) review and approve engineering plans and specifications for DWSRF funded water projects in conformance with the Letter of Agreement between the board and commission dated September 21, 1992;(J) provide technical assistance to potential applicants seeking access to the DWSRF;(K) assume responsibility for administering each loan project funded from the DWSRF;(L) provide the required 20% State matching funds for the DWSRF capitalization grant to the extent that State law allows for the use of both appropriated funds and bond proceeds for such intended purpose; and(M) serve as the official public contact for the State of Texas with regard to all DWSRF related activities.(4) The commission will be responsible for the following activities under this MOU:(A) develop and provide to the board a system for establishing assistance priorities;(B) provide the one to one matching funds for all §1452(g)(2) set aside activities;(C) provide to the board planning information as may reasonably be required for the board to prepare and submit intended use plans and biennial reports to the USEPA, including projections for the uses of funds and documentation that match requirements, when applicable, have been met;(D) develop and submit to USEPA, programmatic elements as required to maximize capitalization of the DWSRF with evidence of the submittal provided to the board;(E) cooperate with the board in developing any information necessary to complete the annual capitalization grant application, the Annual Report or any audits as required;(F) establish adequate fund accounting as necessary to administer funds transferred from the DWSRF to the commission; and(G) establish financial accountability procedures that meet applicable federal accountability requirements;(e) The board and the commission agree that all rules and guidance related to DWSRF will be developed cooperatively.(f) This MOU shall continue in full force and effect until canceled or superseded by either party. The party requesting cancellation shall give 90 days advance notice of intent to cancel and shall advise the other party in writing of the reasons for the cancellation.(g) Should any one or more provisions of this MOU be held to be null, void, or for any reason without force or effect, such provision(s) shall be construed as severable from the remainder of this MOU and shall not affect the validity of all other provisions of the MOU, which shall remain in full force and effect.(h) This MOU may be amended in writing at any time by the mutual consent of the parties and through the designated officials indicated below.(i) This MOU shall be effective when signed by the designated representatives of the board and the commission and when adopted as a rule by the board. Source Note: The provisions of this §354.3 adopted to be effective December 9, 1999, 24 TexReg 10875. 10 TEXAS WATER DEVELOPMENT BOARD 354 MEMORANDA OF UNDERSTANDING §354.3 Memorandum of Understanding Between the Texas Water Development Board and the Texas Natural Resource Conservation Commission https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=180905&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 180905 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=180905&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 180905 03/11/2026 (a) INTRODUCTION.(1) The Texas Water Development Board (TWDB) provides financial assistance for the construction, acquisition, or improvement of water supply projects, and therefore performs engineering reviews and analyses of water supply projects constructed with state or federal funds administered by the TWDB. The Texas Commission on Environmental Quality (Commission) through its regulatory authority conducts a similar review and analyses of the water supply projects financed by the TWDB.(2) Since September 21, 1992, the TWDB and the Commission have coordinated the reviews related to the design criteria for public water systems and wastewater facility construction in a Letter of Agreement (LOA or Agreement). The LOA was last revised June 20, 2001 to reflect changes in statute related to the review of wastewater facilities. This Agreement is implemented to replace all prior and existing LOAs in effect with the Commission and its predecessor agencies, and to accurately reflect the current interaction between the TWDB and the Commission during the coordinated review of water supply projects seeking financing from the TWDB.(b) SCOPE OF AGREEMENT.(1) The TWDB will review submitted "Plans and Specifications," as defined herein, for water supply projects seeking financing from the TWDB in a manner that will satisfy the Commission's requirements related to the design of public water systems.(2) The Commission agrees to accept TWDB review of Plans and Specifications in lieu of its review for certain water facilities as described under the "Coordinations" section herein.(c) DEFINITIONS. "Plans and Specifications" means construction drawings and construction specifications, and engineering design calculations required by Commission rules on design criteria for public water systems. The term also includes construction contract change orders.(d) LIMITS AND EXCLUSIONS.(1) This Letter of Agreement is applicable only to projects that receive financing from the TWDB and require coordination with the Commission.(2) Only the Commission may grant conditional approvals and variances to its requirements relating to the review and processing of Plans and Specifications for public water facilities.(3) The TWDB's review and administration of a water supply project will not serve as an approval of an application for any permit, which is regulated by the Commission.(e) COORDINATIONS.(1) The TWDB will coordinate the review of Plans and Specifications with the Commission on water supply projects financed by the TWDB that involve the construction of, or improvements to, surface water treatment plants, public water supply wells, new interconnections, disinfection, and treatment projects. For these water supply projects, the TWDB and Commission agree to rely on the TCEQ Letter of Approval of Plans and Specifications for design criteria.(2) Plans and Specifications for other water supply projects financed by the TWDB will be reviewed only by the TWDB. The TWDB will review Plans and Specifications of water supply projects for public water systems financed by the TWDB to ensure satisfaction of the Commission's requirements related to public water systems and provide TCEQ a courtesy copy of the TWDB approval for compliance purposes.(3) For all water supply projects reviewed for financing by the TWDB requiring coordination with the Commission, the TWDB will prepare a single document signifying the TWDB's approval of the underlying Plans and Specifications. The TWDB will send one (1) copy of its approval document to the applicant and one (1) copy of its approval document to the Commission.(4) Following approval of all water supply project Plans and Specifications, the TWDB will proceed, in accordance with applicable rules and requirements, with construction monitoring.(f) EXECUTION, ADOPTION, AND MODIFICATION. This Agreement is effective when signed by the designated representatives of both the TWDB and Commission. This Agreement is subject to approval of the Board of the TWDB. This Agreement may be modified by mutual and written consent of the parties.(g) DURATION. The Agreement shall continue in full force and effect until cancelled or superseded by either party. The party requesting cancellation shall give 90-days written notice of intent to cancel and shall advise the other party in writing of the reasons for cancellation.(h) SEVERANCE PROVISION. Should any one or more provisions of this Agreement be held to be null, void, or for any reason without force or effect, such provision(s) shall be construed as severable from the remainder of this Agreement and shall not affect the validity of all other provisions of this Agreement, which shall remain in full force and effect.(i) IN WITNESS THEREOF the parties hereto cause this Letter of Agreement to be duly executed.(j) Signed on July 1, 2015. Source Note: The provisions of this §354.5 adopted to be effective November 13, 2016, 41 TexReg 8827. 10 TEXAS WATER DEVELOPMENT BOARD 354 MEMORANDA OF UNDERSTANDING §354.5 Letter of Agreement Between Texas Water Development Board and Texas Commission on Environmental Quality https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214427&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214427 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214427&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214427 03/11/2026 (a) This Memorandum of Understanding ("Agreement") is between the Texas Water Development Board ("TWDB") and the Texas Commission on Environmental Quality ("TCEQ"), each an agency of the State of Texas.(b) Whereas, the TWDB provides financial assistance for the construction, acquisition, or improvements of water supply projects, including through the State Participation Program,(c) Whereas, the TCEQ conducts reviews and issues permits for certain aspects of the construction, acquisitions, or improvements for water supply projects,(d) Whereas, the 86th Legislature, R.S. passed and the governor signed House Bill 1052, which was effective September 1, 2019,(e) Whereas, House Bill 1052 added certain interregional water supply projects as projects eligible for State Participation funding from the TWDB,(f) Whereas, House Bill 1052 required the TWDB and TCEQ to enter into a memorandum of understanding for the expedited approval of permits for such interregional water supply projects funded by TWDB through the State Participation Program,(g) Now, therefore, in consideration of the benefits to the State of Texas, the TWDB and TCEQ hereby agree as follows:(1) The TCEQ will, to the extent allowed by law, provide expedited review of permit applications for interregional water supply projects as provided by Texas Water Code, Section 16.145.(2) The TWDB will, to the extent allowed by law, provide information to the TCEQ related to interregional water supply projects identified under Texas Water Code, Section 16.145 to ensure that TCEQ's review of permit applications associated with such projects can be conducted on an expedited basis.(3) General conditions:(A) This Agreement may be amended by mutual agreement of the TWDB and TCEQ in accordance with applicable law.(B) This Agreement may be terminated by either party upon written notice to the other party and in accordance with applicable law.(C) Any written notices required by this Agreement shall be addressed to the respective party as follows:(i) Executive Director, TCEQ, P.O. Box 13087, Austin, Texas 78711-3231;(ii) Executive Administrator, TWDB, P.O. Box 13231, Austin, Texas 78711-3231. Source Note: The provisions of this §354.6 adopted to be effective September 1, 2023, 48 TexReg 4394. 10 TEXAS WATER DEVELOPMENT BOARD 354 MEMORANDA OF UNDERSTANDING §354.6 Memorandum of Understanding Between the Texas Water Development Board and the Texas Commission on Environmental Quality Related to Expedited Permit Review for Interregional Water Supply Projects https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=180907&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 180907 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=180907&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 180907 03/11/2026 (a) This Letter of Agreement ("LOA") is made effective as of the date below and is made by and between the Railroad Commission of Texas ("RRC"), an agency of the State of Texas, and the Texas Water Development Board ("TWDB"), an agency of the State of Texas.(b) WHEREAS, the RRC owns linen maps used by the RRC Groundwater Advisory Unit ("GAU") to record oil and gas related groundwater regulatory determinations, geophysical log locations, geologic cross-section locations, and other geologic information;(c) WHEREAS, the linen maps were purchased in the 1950s and 1960s from various vendors and/or mapping companies, which may or may not still be in existence;(d) WHEREAS, House Bill 30, 84th Texas Legislature, Regular Session, tasked the TWDB with identifying, designating, and reporting on regional brackish groundwater production zones;(e) WHEREAS, the RRC desires to share the linen maps with TWDB for purposes of fulfilling the legislature's above-referenced mandate.(f) NOW, THEREFORE, in consideration of the foregoing, the RRC and the TWDB express their understanding and agreement as follows:(1) The RRC will load copies of all GAU linen maps onto an external hard drive provided by the TWDB. The TWDB will then move the GAU linen map files to a limited-access folder on the TWDB server.(2) The TWDB acknowledges that the linen maps were created by entities/persons other than the RRC and may be copyrighted material.(3) The TWDB agrees to use the images of the linen maps as "read only," for inspection and research purposes in line with the legislature's mandate.(4) The TWDB agrees that printing, photocopying, taking pictures, or using any other method of copying the images of the linen maps may constitute copyright infringement.(5) The TWDB agrees that disseminating the external hard drive, copies of the external hard drive, or copies of the images of the linen maps on the external hard drive to any other entity, agency, or person outside of the TWDB is prohibited.(6) The TWDB agrees that it will inform any third-party contractors working on the project that the linen maps may be copyrighted material and that printing, photocopying, taking pictures, or using any other method of copying images of the linen maps and/or disseminating the external hard drive or copies of the external hard drive to any other entity, agency, or person outside of the TWDB is prohibited.(7) The TWDB acknowledges that noncompliance with any terms and conditions of this LOA, either by the TWDB or by any third-party contractor hired by the TWDB, may result in copyright infringement.(g) In witness whereof, the Railroad Commission of Texas and the Texas Water Development Board have approved this LOA on the 25th day of February 2016, as evidenced by the signatures below. Source Note: The provisions of this §354.7 adopted to be effective November 13, 2016, 41 TexReg 8827. 10 TEXAS WATER DEVELOPMENT BOARD 354 MEMORANDA OF UNDERSTANDING §354.7 Letter of Agreement Between the Railroad Commission of Texas and the Texas Water Development Board https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=180908&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 180908 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=180908&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 180908 03/11/2026 (a) This MEMORANDUM OF UNDERSTANDING (MOU) is entered into by and between the governmental entities shown below as Agreement Parties, pursuant to the authority granted and in compliance with the provisions of Texas Government Code, Chapter 771, the Interagency Cooperation Act, and Chapter 2054, Subchapter M, Access to Electronic and Information Resources by Individuals with Disabilities.(b) Agreement Parties.(1) Receiving Agency: Texas Water Development Board, 1700 N. Congress Ave., Austin, Texas 78701.(2) Performing Agency: Department of Information Resources (DIR), 300 W. 15th Street, Suite 1300, Austin, Texas 78701.(c) Scope.(1) This Memorandum of Understanding (MOU) is entered into by and between the Texas governmental entities shown above as Agreement Parties. The Department of Information Resources (DIR) will provide to the receiving agency the services described in this MOU for electronic and information resources (EIR) accessibility web scanning services. DIR has contracted with a third-party provider to perform accessibility scans on a monthly basis. Initially, the scans will be performed by SiteImprove pursuant to contract DIR-ITS-SITEIMPROVE-001.(2) There is no charge to the receiving agency for the services provided by DIR. The term of this MOU begins on the date of the last party to sign and will end upon termination of the underlying agreement with the third-party service provider, or anytime at the discretion of DIR. If the receiving agency elects to terminate these services at any time prior to the expiration of the MOU, the receiving agency will provide DIR with a minimum of ten (10) days prior written notice. This MOU may be amended by mutual agreement of the parties. Any amendment must be in writing.(d) Program Overview.(1) The WCAG 2.0 Web Accessibility Scanning Program is conducted as part of the State of Texas initiatives in support of Texas government statutes and administrative rules regarding EIR accessibility for people with disabilities. This document contains the services to be provided to Texas Water Development Board (TWDB) by DIR for accessibility scanning of a subset of the receiving agency's public web pages.(2) The purpose of the program is to assist the agency in making its public websites accessible for all Texas citizens, including people with disabilities, and sets forth the responsibilities for each party. There is NO cost to agencies for this service.(e) Objectives and Benefits of the Program.(1) The primary objective of the program is to assist agencies in making their public websites accessible for all Texas citizens including people with disabilities, and in support of meeting WCAG 2.0 web accessibility technical standards which are expected to be integrated into Texas Administrative Codes (TAC) Chapter 206 and 213 once they have been adopted as part of the revisions to US Section 508 of the Rehabilitation act of 1973. The use of this service will allow agencies to:(A) Increase accessibility compliance levels of agency public websites;(B) Obtain precise, critical accessibility information about a subset of an agency's live public website that might not otherwise be available/affordable;(C) Use the reported information and supporting resources to remediate identified accessibility issues;(D) Mitigate risk to the state by demonstrating progress and initiative toward creating an inclusive IT environment;(E) Lay the groundwork for agencies to establish accessibility baselines, goals, and metrics to track progress.(2) The service also scans for and reports on:(A) Broken links, Misspellings, and Consistency issues;(B) Website availability and performance;(C) Search Engine Optimization (SEO) issues.(f) Description of Services.(1) Beginning at the home page of an agency's website, approximately 150 pages will be scanned monthly for accessibility issues using the Worldwide Web Consortium (W3C) Web Content Accessibility Guidelines 2.0 (WCAG 2.0) technical standards. PDF documents on a website discovered during the scan will also be checked for accessibility. It should be noted that automated testing (web scanning) tools/services do not currently have the ability to test for all WCAG 2.0 accessibility criteria and that manual testing using assistive technologies should also be performed on a subset of the scanned pages to validate full compliance to this standard.(2) Agencies will be scheduled into the scan environment after a signed MOU has been received by DIR. Once the receiving agency is included in the scanned environment, scans will be performed monthly, until terminated by either party.(3) DIR will work with the receiving agency's EIR Accessibility Coordinator to set up and validate scanned pages to ensure data is accurate.(4) Agency EIR Accessibility Coordinators will receive a login ID to access their agency's detailed reports residing on DIR's secure area of the vendor's (SiteImprove) server. Agencies will also be able to add additional users of the tool.(5) The receiving agency's accessibility coordinator will be notified when each monthly scan is complete and reports are available for viewing.(6) Agency reports will provide summary and detailed information on accessibility and other information for the agency's scanned pages and PDFs, including:(A) Number of pages with errors;(B) Error types, locations, and code snippets where the errors occurred;(C) Support information with resources and techniques for remediating the identified errors;(D) Broken links, misspellings, and consistency issues;(E) Website availability and performance;(F) Search Engine Optimization (SEO) issues.(7) Self-paced training resources on use of the service user interface will be made available from the vendor.(g) Scan Results, Data Ownership, and Sharing.(1) Scan results are owned by the receiving agency.(2) The receiving agency will have access to only the data applicable to itself.(3) DIR will have viewing access to all data included in the scan for use in statewide analysis and metrics so that it can:(A) assist agencies with questions related to scan results;(B) aggregate results to identify common issues and track progress at the enterprise level.(4) DIR will not share individual agency results with third parties, unless written approval by authority within the agency is provided.(5) In the event of public information or legislative requests, requestors will be referred to participating agencies or responded to jointly in collaboration with DIR.(h) Tasks and Activities. Below is a table of the tasks and activities associated with agency start up and ongoing program activities.(1) Task/Activity: Execution of MOU; Performers: DIR/Agency.(2) Task/Activity: Provide initial scanning date to agency; Performers: DIR/Agency.(3) Task/Activity: Contact agency EIR Accessibility Coordinator to inform them of agency scan initiation; Performers: DIR.(4) Task/Activity: Provide login credentials to agency to facilitate agency review of results; Performers: DIR/Service Vendor.(5) Task/Activity: Perform initial scan; Performers: Service Vendor.(6) Task/Activity: Analyze results and tune settings; Performers: DIR/Agency/Service Vendor.(7) Task/Activity: Validate results; Performers: Agency.(8) Task/Activity: Integrate site into monthly scans; Performers: Service Vendor.(9) Task/Activity: Websites will be sampled monthly. Agencies receive new scan reports after each completed scan and works with appropriate staff to remediate; Performers: Agency/Service Vendor.(10) Task/Activity: Answer results questions and provide user support; Performers: DIR/Service Vendor.(i) Contacts.(1) DIR Contacts:(A) PRIMARY CONTACT: Jeff Kline, Statewide EIR Accessibility Coordinator, (512) 463-3248, Jeff.Kline@dir.texas.gov.(B) SECONDARY CONTACT: Deborah Hujar, Director of Planning, Policy, and Governance, (512) 463-6117, Deborah.Hujar@dir.texas.gov.(2) Agency Contacts:(A) EIR ACCESSIBILITY COORDINATOR: Matt Erickson, (512) 410-6602, matt.erickson@twdb.texas.gov.(B) IRM: Wendy Barron, (512) 463-7862, wendy.barron@twdb.texas.gov.(C) ADDITIONAL CONTACT: Darrell Tompkins, Manager of IT Security & Systems Infrastructure, (512) 463-9921, Darrell.tompkins@twdb.texas.gov.(j) Certifications. The undersigned Parties hereby certify that:(1) The matters specified above are necessary and essential for activities that are properly within the statutory functions and programs of the affected agencies of state government;(2) This MOU serves the interest of efficient and economical administration of state government; and(3) The services, supplies, or materials in this MOU are not required by Section 21, Article 16 of the Constitution of Texas to be supplied under contract given to the lowest responsible bidder.(4) The Agreement Parties execute this MOU to be effective upon the date of the last party to sign.(5) Dated March 30, 2015. Source Note: The provisions of this §354.8 adopted to be effective November 13, 2016, 41 TexReg 8827. 10 TEXAS WATER DEVELOPMENT BOARD 354 MEMORANDA OF UNDERSTANDING §354.8 Memorandum of Understanding for Inclusion in DIR's WCAG2.0 Web Accessibility Scanning Program https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=180910&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 180910 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=180910&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 180910 03/11/2026 (a) WHEREAS, Senate Bill 2, as enacted by the 77th Legislature, Regular Session, provided important responsibilities to the above-referenced agencies with regard to studies of instream flows through year 2010;(b) WHEREAS, it is extremely important that the studies authorized by the 77th Legislature be accomplished in an effective and efficient manner that maximizes the utilization of available resources;(c) WHEREAS, the Texas Water Development Board (Board) is authorized by Section 6.190 of the Texas Water Code to enter into this agreement, the Texas Commission on Environmental Quality (Commission) is authorized by Section 5.229 of the Texas Water Code to enter into this agreement, and the Texas Parks and Wildlife Department (Department) is authorized by Section 11.0171 of the Texas Parks & Wildlife Code to enter into this agreement;(d) WHEREAS, the results of the instream flow studies, the subject of this Memorandum of Agreement, shall be considered by the respective agencies in performance of their statutory duties and responsibilities. Nothing in this agreement restricts the use of the studies by the agencies in their statutory discretion, duties, and responsibilities;(e) NOW, THEREFORE BE IT RESOLVED that the Board, Commission and Department do hereby make the following operating agreement regarding studies of instream flows as required by Section 16.059 of the Texas Water Code (Collection of instream Flow Data; Conduct of Studies).(f) COORDINATING COMMITTEE.(1) An Instream Flow Studies Coordinating Committee (Committee) shall be established as a three-member Committee comprised of the Executive Administrator of the Board and the Executive Directors of the Department and the Commission, or their designees.(2) The representative from the Board shall serve as chairperson of the Committee from the effective date of this agreement until August 31, 2003.(3) Thereafter, the chairperson shall serve a one-year term and the chair shall be rotated annually, as agreed upon by the Committee, from the Board's representative to the Department's representative, and thence to the Commission's representative.(4) The Committee shall meet at least annually and may meet more often as necessary and agreed upon by the Committee.(g) DUTIES AND RESPONSIBILITIES.(1) The purpose of the Committee is to provide the overall policy, direction, and guidance for the completion of the instream flow studies authorized by the 77th Legislature.(2) The Committee shall approve a programmatic work Plan by December 31, 2002, which shall include the following:(A) a list of the priority segments to be studied and interim deadlines for publications;(B) the scope of the studies;(C) the assignment of agency responsibilities in conducting the studies;(D) the timeframes in which the studies or parts of the studies are to be completed; and(E) the general methods used to conduct the studies.(3) The Committee shall ensure that resources of the agencies are utilized effectively and efficiently to accomplish the studies. To assist the Committee, each agency shall also designate lead staff to equally share oversight of the program studies, to maximize in-house capabilities of personnel and equipment, and to minimize costs to the state. The Committee shall also consider inviting cities, river authorities, water districts, other political subdivisions of the state, universities, and federal water agencies to cooperate with and participate in the conduct of these studies whenever practicable.(4) The Committee shall establish an Interagency Science Team (Team) composed of staff scientists and engineers assigned to work on the studies by the agencies and their cooperators. The Team shall assist the Committee by drafting study plans and scopes of work, by supervising and facilitating contracts, and by conducting and reporting on the priority studies identified in the Work Plan.(5) For all contracts by any agency for work to be performed in furtherance of the Work Plan, the Team shall draft the study plans and scopes of work and provide recommendations for contract facilitation prior to the agency's presentation of the contract to its board, commission, or other agency official possessing the authority to approve such contracts.(6) The Committee shall ensure that a productive data and information exchange is accomplished among the agencies. Also, the parties hereto do each agree to promptly furnish, free of charge, any and all correspondence, memorandums, study reports, contracts, data and any other information relating to instream flow studies that may hereafter be requested by any of the parties hereto and which are not privileged and confidential under law.(7) The Committee shall attempt to reach unanimous agreement on all decisions made in exercising its duties and responsibilities under this agreement, but in no event shall the failure of the Committee to reach a unanimous agreement on a decision frustrate or deter the intent, direction or purpose of this agreement or the duties and responsibilities of the Committee as defined hereunder.(8) The Committee shall attempt to resolve technical disputes by seeking consensus from the Interagency Science Team. The Committee may direct Team members to meet specifically for the purpose of resolving professional differences in order to reach a compromise solution, and to report that solution back to the Committee.(9) To assist the agencies in performing a scientifically sound program, the Committee shall appoint an independent Scientific Advisory Group to review and comment on study methods and plans prepared by the Team. The number and composition of the Scientific Advisory Group is at the discretion of the Committee and may vary from time to time.(10) The Committee may also resolve interagency disputes by seeking the advice of their governing bodies.(h) NON-BINDING CLAUSE. Nothing in this agreement shall preclude any of the agencies from executing interagency contracts, operating agreements, establishing other committees, or otherwise utilizing available resources to achieve specific statutorily assigned responsibilities regarding instream flow studies not related to Section 16.059 of the Texas Water Code.(i) ENTIRE CONTRACT. The agencies agree that this Memorandum of Agreement contains all the agreements with regard to the contents and that no oral agreements shall be recognized or shall in any way modify this Agreement. This Agreement may be modified only by agreement signed by parties to this Agreement.(j) EFFECTIVE DATE. This Memorandum of Agreement shall be effective when signed by all of the agencies and shall terminate 30 days from the date of written notice of intent to cancel this agreement by any of the agencies.(k) IN WITNESS WHEREOF, the agencies have caused this Agreement to be executed in triplicate originals, each of which shall constitute an original document.(l) Dated October 17, 2002. Source Note: The provisions of this §354.10 adopted to be effective November 13, 2016, 41 TexReg 8827. 10 TEXAS WATER DEVELOPMENT BOARD 354 MEMORANDA OF UNDERSTANDING §354.10 Memorandum of Agreement Between the Texas Water Development Board, Texas Parks and Wildlife Department, and Texas Commission on Environmental Quality Relating to Instream Flow Studies https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=180911&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 180911 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=180911&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 180911 03/11/2026 (a) WHEREAS, the 73rd Texas Legislature established the Texas Coastal Ocean Observation Network (TCOON) as a cooperative project of Texas A&M University-Corpus Christi (TAMU), Lamar University, the Texas Water Development Board (TWDB), and the Texas General Land Office (GLO) to collect data on natural processes affecting the Texas coast for the purpose of studying, planning for, and managing human uses of the coast as affected by natural processes; and(b) WHEREAS, the participating state entities have been authorized to coordinate the operation of the TCOON with the National Oceanic and Atmospheric Administration (NOAA), other appropriate federal entities, and private entities; and(c) WHEREAS, the National Ocean Service (NOS), a division of NOAA, has established "NATIONAL STANDARDS AND PROCEDURES" for the measurement of sea levels and tidal datums; and(d) WHEREAS, the GLO has entered into an agreement with TAMU for the operation and maintenance of the equipment and for data collection; and(e) WHEREAS, the TWDB and the GLO desire to ensure TCOON compliance with NOS standards and procedures in order to provide an accurate determination of tidal datums, boundaries of coastal public land, and sea level fluctuations along the Texas coast;(f) NOW THEREFORE in consideration of the benefits to the State of Texas, the parties hereby agree as follows:(1) The parties will jointly coordinate all aspects of the installation and operation of the TCOON, including coastal site selections and technical operating procedures, in order to ensure the accuracy of the collected data.(2) This Memorandum of Agreement shall be effective September 1, 2005, and shall remain in effect unless terminated by either party upon thirty (30) days' written notice.(g) The GLO certifies that it has the authority to enter into this Memorandum of Agreement by virtue of the authority granted in Section 31.051, TEXAS NAT. RES. CODE and Chapter 771, TEXAS GOV'T CODE.(h) The TWDB certifies that it has the authority to enter into this Memorandum of Agreement by virtue of the authority granted in Section 6.190, TEXAS WATER CODE and Chapter 771, TEXAS GOV'T CODE.(i) Dated September 28, 2005. Source Note: The provisions of this §354.11 adopted to be effective November 13, 2016, 41 TexReg 8827. 10 TEXAS WATER DEVELOPMENT BOARD 354 MEMORANDA OF UNDERSTANDING §354.11 Memorandum of Agreement Between the General Land Office and the Texas Water Development Board https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=180912&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 180912 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=180912&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 180912 03/11/2026 (a) This memorandum of agreement (MOA) between the Texas Water Development Board (TWDB) and Texas Commission on Environmental Quality (TCEQ) which sets forth the coordination of program responsibilities related to groundwater conservation district management, planning, approval, review, and oversight. This MOA is intended to clarify and outline the necessary coordination required for the agencies to document their respective duties, responsibilities, and functions as provided under Chapter 36 of the Texas Water Code.(b) Definitions.(1) Approval. The approval of a groundwater conservation district's adopted management plan as administratively complete by the Executive Administrator of the TWDB as required under §36.1072 of the Texas Water Code.(2) Enforcement actions. Formal commission actions to achieve groundwater management by a groundwater conservation district as identified under §36.303 through §36.308 of the Texas Water Code including:(A) issuing an order requiring the district to take certain actions or refrain from taking certain actions;(B) dissolving the district's board of directors in accordance with §§36.305 and 36.307 of the Texas Water Code;(C) requesting the Attorney General to bring suit for the appointment of a receiver to collect assets and carry on the business of the district; or(D) dissolving the district in accordance with §§36.304, 36.305, and 36.308 of the Texas Water Code.(3) Executive Administrator. The Executive Administrator of the TWDB or a designated representative.(4) Executive Director. The Executive Director of the TCEQ or a designated representative.(5) Executive Director's Preliminary Report or EDPR. A pleading filed by the Executive Director which, when issued and served under this title, seeks an enforcement order against a respondent. EDPR is further defined in 30 TAC Chapter 70, Subchapter C (relating to Enforcement Referrals to the State Office of Administrative Hearings).(6) Groundwater conservation district (or district). Any district or authority created under Section 52, Article III, or Section 59, Article XVI, Texas Constitution, that has the authority to regulate the spacing of water wells, the production from water wells, or both.(7) Management Plan. The comprehensive plan developed and adopted by the groundwater conservation district under §36.1071 of the Texas Water Code and subject to approval by the Executive Administrator of the TWDB under §36.1072 of the Texas Water Code that addresses groundwater management goals, performance standards, and objectives which specifies actions, procedures, performance, and avoidance that are or may be necessary to effect the plan.(c) Interrelated Responsibilities and Jurisdictions of the TCEQ and TWDB.(1) The TCEQ. The TCEQ has exclusive jurisdiction over the creation of groundwater conservation districts pursuant to §36.011 of the Texas Water Code, for maintaining records of groundwater conservation district confirmation election results under §36.017(e) of the Texas Water Code, for maintaining records of groundwater conservation district directors registered with the TCEQ pursuant to §36.054(e) of the Texas Water Code, and has a right of supervision over groundwater conservation districts pursuant to §12.081 of the Texas Water Code.(A) The TCEQ is responsible for taking certain enforcement action under §36.303 of the Texas Water Code if a groundwater conservation district board of directors fails to submit a management plan, fails to receive approval of its management plan under §36.1072 of the Texas Water Code, or fails to submit or receive approval of an amendment to the management plan under §36.1073 of the Texas Water Code. The TCEQ may not take enforcement action against a district under §36.303 of the Texas Water Code until either:(i) the board of directors of a district has failed to submit a management plan or amendment of its plan by the required date;(ii) the board of directors of a district has failed to submit a revised management plan (or subsequent amendment of a management plan) within 180 days of receiving notice from the executive administrator that the management plan (or subsequent amendment of a management plan) has not been approved and the district has not appealed the executive administrator's decision to the TWDB;(iii) the date the TWDB has taken final action withholding approval of a management plan (or a subsequent amendment of a management plan) if the district has appealed the Executive Administrator's decision to the TWDB; or(iv) a district court in Travis County has taken final action withholding approval of a management plan (or a subsequent amendment of a management plan) if the district has appealed the TWDB's decision to a court.(B) The TCEQ is responsible for taking certain enforcement actions under §36.303 of the Texas Water Code if a petition requesting an inquiry related to groundwater conservation district planning or management in a groundwater management area is not dismissed and the TCEQ appointed review panel has prepared and submitted a written report detailing findings and recommended actions.(C) The TCEQ is responsible for taking certain enforcement action under §36.303 of the Texas Water Code if it is determined by the SAO under §36.302 of the Texas Water Code that a groundwater conservation district is not actively engaged in achieving the objectives of the district's management plan based on an audit of the district's performance under the plan.(D) The TCEQ is responsible for investigation of the facts and circumstances of any violations of any rule or order of the commission, consistent with agency authority under §12.081 of the Texas Water Code. The Executive Director must prepare and file a written report with the commission and the subject district which documents the findings of the investigation and includes any recommended enforcement actions the Executive Director believes the commission should take under §36.303 of the Texas Water Code.(E) An enforcement order approved by the commission may require the district to take certain action, refrain the district from taking certain actions, dissolve the district's board of directors, request the Attorney General to bring suit for the appointment of a receiver to collect assets and carry on the business of the district, or dissolve the district, as identified under §36.303(a) of the Texas Water Code.(2) The TWDB. Under §36.1072(c) of the Texas Water Code, the Executive Administrator of the TWDB is responsible for approving groundwater conservation district management plans within 60 days of receipt if the plans are administratively complete. Under §36.1072(c) of the Texas Water Code, if the Executive Administrator does not approve a management plan, the Executive Administrator must provide to the district, in writing, the reasons for the action. Within 180 days after the date of receipt of notice, the district may submit a revised management plan for review and approval. As identified under §36.1072 of the Texas Water Code, the Executive Administrator's decision may be appealed to the TWDB; the decision of the TWDB may also be appealed to a district court in Travis County. TWDB rules in Chapter 356 of Title 31 of the Texas Administrative Code more fully set out these procedures.(d) Agreed activities of each party to this MOA. For the mutual benefit of the parties to this MOA and to provide for a consistent regulatory framework, the parties agree to cooperate in function and service to the following:(1) The Executive Director of the TCEQ will provide written notice to the Executive Administrator of the TWDB when a new groundwater conservation district is created or confirmed by voter election and the district's temporary board of directors has fulfilled its statutory obligation and made such information available to the TCEQ. Also, notice of the following information will be provided to the TWDB within 15 days of receipt of required notifications from the district:(A) the name, location, and enabling action for the newly created district;(B) the date of statutory creation or the date of creation confirmation election, if an election is required; and(C) the name of all directors, mailing address(es), and term expiration dates for directors of the new district.(2) The Executive Administrator of the TWDB will provide written notice to the Executive Director of the TCEQ within 15 days, when the Executive Administrator:(A) has not received a groundwater conservation district management plan by the required deadline for submission from a district;(B) receives a groundwater conservation district management plan for administrative completeness review;(C) approves a groundwater conservation district management plan as administratively complete;(D) denies approval of a submitted groundwater conservation district management plan;(E) receives a revised version of a groundwater conservation district management plan within the 180-day response period;(F) fails to receive a revised version of a groundwater conservation district management plan at the expiration of the 180-day response period;(G) receives documentation that a district has appealed the Executive Administrator's management plan approval decision to the TWDB, or a district has appealed TWDB's final decision to a district court in Travis County; or(H) receives notice that final action by the TWDB or a district court in Travis County has been completed.(3) The Executive Director of the TCEQ will provide written notice to the Executive Administrator of the TWDB when non-compliance review and oversight actions are taken against a groundwater conservation district. The Executive Director will provide notice when:(A) initial notification-of-violation to a non-compliant district is issued;(B) favorable actions are taken by a district and the district has voluntarily come into compliance;(C) formal enforcement action has been initiated;(D) the Executive Director's Preliminary Report is filed with the TCEQ's Chief Clerk;(E) final enforcement action has been taken by the commission; and(F) required follow-up investigative activities are taken by the TCEQ in accordance with §36.306 of the Texas Water Code.(4) Either party to this MOA can substitute the individual notifications identified in paragraphs (1) - (3) of this subsection with monthly notices to the other parties of all actions taken in the previous thirty (30) days. These notices may be transmitted as up-to-date and accurate reports from a database maintained by the party.(5) Both parties agree to:(A) meet as needed to coordinate and maintain an efficient district performance review process;(B) allow interagency access and review of applicable files relating to processing of a management plan by the TWDB, processing of an enforcement action by the TCEQ, or related file information pertaining to the responsibilities of the agencies;(C) share any groundwater conservation district financial reports that may have been voluntarily submitted to an agency;(D) provide full disclosure of related activities in the biennial legislative report required under §35.018 of the Texas Water Code; and(E) identify the agency contact person and mailing address for the formal communications specified by this MOA, along with periodic update of the contact information, as necessary.(e) General conditions.(1) Term of MOA. The term of this MOA shall be from the effective date until termination or amendment of this MOA.(2) Effective date. This MOA, and any subsequent amendment, shall become effective immediately after the date on which the TCEQ Executive Director and the TWDB Executive Administrator sign the document, which ever date is later.(3) Amendment of MOA. This MOA may be amended by mutual agreement of the two parties in accordance with applicable law. Any amendment of this MOA will become effective immediately after the date on which the TCEQ Executive Director and the TWDB Executive Administrator sign the amended document, which ever date is later.(4) Termination of MOA. This MOA may be terminated by either party upon thirty days written notice. The termination of this MOA will become effective thirty days after notice is received by the other party.(5) Authority. By signing this MOA, the signatories acknowledge that they are acting upon proper authority from their governing bodies.(6) Notices. Any notices required by this MOA to be in writing shall be addressed to the respective party as follows:(A) Executive Director, Texas Commission on Environmental Quality, Attn: Todd Chenoweth, P. O. Box, 13087, Austin, TX 78711-3231;(B) Executive Administrator, Texas Water Development Board, Attn: Bill Mullican, P.O. Box 13231, Austin, TX 78711-3231; and(C) The identified contact person may be revised as necessary, in accordance with provision (d)(5)(E) of this MOA.(f) Dated September 17, 2007. Source Note: The provisions of this §354.12 adopted to be effective November 13, 2016, 41 TexReg 8827. 10 TEXAS WATER DEVELOPMENT BOARD 354 MEMORANDA OF UNDERSTANDING §354.12 Memorandum of Agreement Between the Texas Water Development Board and the Texas Commission on Environmental Quality Regarding Groundwater Conservation District Management Plan Approval and Enforcement https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=180913&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 180913 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=180913&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 180913 03/11/2026 (a) Purpose. The purpose of this Memorandum of Agreement (MOA) is to coordinate the respective responsibilities and duties of TBPG and TWDB in the regulation of professional geoscience in accordance with the Texas Occupations Code, Chapter 1002 (the Texas Geoscience Practice Act or TGPA). Senate Bill (SB) 138, which was passed by the 83rd Texas Legislature and signed by Governor Rick Perry, amended the TGPA. The legislation, which became effective September 1, 2013, requires the TBPG to identify relevant state agencies and educate the identified agencies' staff on how to file a complaint with the TBPG and how the TBPG resolves a complaint. Under the provisions of SB 138, a state agency that becomes aware of a potential violation of the TGPA or rules of the TBPG is required to forward the information to the TBPG. The intent of this MOA is to implement SB 138 and otherwise to protect the public from adverse environmental impacts that could result from the improper public practice of geoscience associated with activities regulated by the TWDB.(b) Definitions. The words and terms used in this MOA shall have the same meaning as defined in the Texas Geoscience Practice Act and associated rules passed by the TBPG at Title 22, Part 39, Chapter 850 and Chapter 851 of the Texas Administrative Code unless the context clearly indicates otherwise.(c) General Jurisdiction.(1) TWDB jurisdiction. The TWDB is the state agency with primary responsibility for water planning and administering water financing for the state as per Section 6.06, Texas Water Code.(2) The TBPG is the state agency with regulatory jurisdiction over the public practice of professional geoscience authorized by the TGPA. The TBPG licenses Professional Geoscientists, registers Geoscience Firms, and certifies Geoscientists-in-Training. The TBPG's mission is to protect public health, safety, welfare and the state's natural resources by ensuring that only qualified persons carry out the public practice of geoscience and enforcing the Code of Professional Conduct the Board has established for its licensees. TBPG has the authority to adopt and enforce rules consistent with TGPA relating to Geoscientists, and necessary for the performance of its duties. These TBPG rules are identified in Title 22, Part 39, Chapter 850 and Chapter 851 of the Texas Administrative Code (TAC).(3) The TWDB is an agency identified by the TBPG under the Texas Geoscience Practice Act, Section 1002.206(d) Coordination of Activities. The TBPG and the TWDB agree to coordinate with each other in the following activities:(1) The TBPG agrees to educate TWDB employees regarding the procedures by which complaints are filed with and resolved by the TBPG.(2) The TWDB agrees to consult with the TBPG on issues that involve the public practice of professional geoscience in connection with activities under the jurisdiction or review of the TWDB.(3) The TBPG agrees to consult with the TWDB on issues that involve the TWDB in connection with activities under the jurisdiction or review of the TBPG.(4) The TBPG and the TWDB agree to designate a liaison or representative to facilitate communication and coordination between the TWDB and the TBPG.(5) The TBPG and the TWDB agree to have agency representatives meet bi-annually, or as needed, to encourage increased communication between the agencies and discuss possible changes to this MOA as needed.(e) Coordination of Complaints/Coordination of Information.(1) Upon the identification by the TWDB of a potential violation of the TGPA or a rule adopted by the TBPG, the TWDB agrees to forward any information related to the potential violation and any subsequently obtained information to the TBPG.(2) As provided in Texas Administrative Code §851.57, the TWDB will forward information relating to a potential violation to the TBPG by filing a formal complaint or providing information to TBPG on a prescribed form. The TWDB is responsible for informing the TBPG of any confidentiality provisions that apply to information and documents it forwards to the TBPG.(3) The TBPG is responsible for taking appropriate actions, including consulting with TWDB as needed to ensure any applicable confidentiality provisions are maintained.(4) Upon the identification by the TBPG of a potential issue of concern to TWDB, the TBPG agrees to forward any information related to the potential concern to the TWDB.(5) When deemed appropriate by both agencies, the TWDB and the TBPG may cooperate on enforcement actions. Each agency shall retain the authority to undertake separate enforcement or legal actions.(f) Miscellaneous.(1) Nothing in this MOA shall be construed to reduce the statutory jurisdiction of either agency.(2) Agency representatives shall meet bi-annually, or as needed, to discuss coordination of complaints under paragraph (c) of this MOA, to discuss possible changes in this MOA, to encourage increased communication between the agencies, and to increase public protection through effective use of the public protection mechanism of professional geoscience licensure and regulation.(3) If any provision of this MOA is held to be invalid, the remaining provisions shall not be affected thereby.(g) This MOA will take effect upon approval by both agency Executive Directors. This MOA will remain in effect until rescinded by either agency by board or commission action taken in accordance with the terminating agency's procedures. Dated: June 13, 2014. Source Note: The provisions of this §354.13 adopted to be effective November 13, 2016, 41 TexReg 8827. 10 TEXAS WATER DEVELOPMENT BOARD 354 MEMORANDA OF UNDERSTANDING §354.13 Memorandum of Agreement Between the Texas Board of Professional Geoscientists (TBPG) and the Texas Water Development Board (TWDB) Regarding Professional Geoscience https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=180914&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 180914 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=180914&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 180914 03/11/2026 (a) THIS AGREEMENT IS MADE by and between the Texas Department of Transportation, hereinafter referred to as "TxDOT," and the Texas Water Development Board, hereinafter referred to as "TWDB."(b) WHEREAS, pursuant to its authority under Texas Water Code §6.107, TWDB finds it necessary to enter certain public property under the control and jurisdiction of TxDOT to monitor water wells; and(c) WHEREAS, Chapter 203 of the Texas Transportation Code empowers the Texas Transportation Commission and TxDOT to lay out, construct, maintain, and operate the state highway system; and(d) WHEREAS, TxDOT has determined that such entry is in the public interest and will not damage the highway facility, impair safety, impede maintenance, or in any way restrict the operation of the highway facility.(e) NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as set forth, it is hereby agreed as follows:(f) AGREEMENT.(1) Article 1. Notice to TxDOT.(A) Not later than five working days before entry to the site is needed, TWDB shall notify the District Engineer of TxDOT's Waco District in writing or via email. Entry onto certain portions of the right of way of controlled access facilities requires prior approval from the Federal Highway Administration. In the event that TWDB requires entry onto that portion of the right of way to which access is controlled, the TWDB shall notify TxDOT at least fifteen working days in advance to allow time to obtain the necessary FHWA approval.(B) The District Engineer will determine whether any construction or maintenance activities have been scheduled that might affect the site investigation, or if any special conditions exist that might otherwise impact the investigation.(C) Right of entry shall be limited to site investigations associated with installation and maintenance of an automatic water-level recorder.(2) Article 2. Site Investigation.(A) At all times when on TxDOT right of way, TWDB staff, its contractors, and their respective employees, agents, and representatives shall wear protective clothing including but not limited to protective head gear such as hard hats, protective footwear such as steel-toed shoes, and reflective vests visible to the traveling public.(B) All site investigations shall be conducted in accordance with all applicable federal and state laws, regulations, and policies.(C) Pursuant to §203.031 of the Transportation Code, entry onto the right of way of any controlled access facility shall be allowed only from the outer edge of the right of way by way of frontage roads, nearby or adjacent public roads or streets, or trails along or near the highway right of way that connect to an intersecting road.(D) TWDB shall notify the District Engineer at least 16 working hours in advance before performing any task that will result in disturbing the pavement.(E) TWDB shall notify the District Engineer at least 16 working hours in advance before installing any equipment, structure, or other object intended to remain in place for more than 48 hours.(F) TWDB shall notify the District Engineer at least 16 working hours in advance before closing one or more traffic lanes or otherwise interfering with the flow of traffic in any way. All such lane closures or traffic interference shall comply with the traffic control plan approved by TxDOT and attached to this Agreement as Exhibit "A." TWDB shall install the traffic control devices, and all traffic control shall comply with the Texas Manual on Uniform Traffic Control Devices.(G) If during the site investigation TxDOT must perform or authorize a contractor to perform routine or special maintenance, TWDB will cooperate with TxDOT maintenance requirements.(H) The District Engineer and the TWDB contractor are authorized to communicate directly with one another to coordinate, clarify, or otherwise discuss site investigation activities.(I) If it becomes necessary for TWDB to curtail the investigation because of damages due to flooding, accident, or other catastrophic event, TWDB shall not resume investigation until notified by TxDOT to do so. TxDOT will proceed in a timely manner with any repair of damage caused by the above events.(3) Article 3. Concluding the Investigation.(A) TWDB shall notify the District Engineer when investigation activities have been completed. If one or more monitoring wells are installed, the requirements of this agreement shall survive the conclusion of initial activities.(B) TWDB shall restore the right of way to its original condition at the conclusion of the investigation. TxDOT will inspect the right of way after any such restoration and determine that the original condition has been restored. If the right of way is found not to have been restored to its original condition, TxDOT will repair the damage at TWDB's expense.(4) Article 4. General Terms and Conditions.(A) TxDOT's authorization to allow TWDB a right of entry onto the site identified in this Agreement does not in any way impair or relinquish TxDOT's right to use such land for right of way purposes when it is required for construction or reconstruction of the traffic facility for which it was acquired, nor shall use of the land for other than highway purposes under this agreement ever be construed as abandonment of the land by TxDOT.(B) TxDOT will notify TWDB of any utility installations owned by third parties known to be located on the right of way. TWDB shall provide adequate notice of the investigation to all utility owners identified by either TxDOT or TWDB who are potentially impacted by the investigation.(C) Each party reserves the right to terminate this agreement at any time after notifying the other party in writing at least thirty (30) days in advance of the intended termination and establishing the conditions of termination.(g) IN WITNESSWHEREOF, TxDOT and TWDB have executed duplicate counterparts to effectuate this agreement.(h) Dated March 31, 2005.(i) Attached Graphic Source Note: The provisions of this §354.14 adopted to be effective November 13, 2016, 41 TexReg 8827. 10 TEXAS WATER DEVELOPMENT BOARD 354 MEMORANDA OF UNDERSTANDING §354.14 Agreement for Right of Entry and Temporary Use of Highway Right of Way https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198092&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 198092 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198092&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 198092 03/11/2026 (a) This Memorandum of Understanding ("Agreement") is between the Texas Division of Emergency Management ("TDEM") and the Texas Water Development Board ("TWDB"), each an agency of the State of Texas.(b) Whereas, the 86th Legislature, R.S. passed Senate Bill 7 relevant portions of which were effective immediately;(c) Whereas, the governor signed Senate Bill 7 on June 13, 2019;(d) Whereas, Senate Bill 7 establishes the Hurricane Harvey Account ("Account") as a part of the Texas Infrastructure Resiliency Fund ("Fund") under Texas Water Code §16.454;(e) Whereas, pursuant to Texas Water Code §16.454, the Texas Water Development Board (TWDB) may only use the Account to provide money to the Texas Division of Emergency Management (TDEM) to provide financing for projects related to Hurricane Harvey;(f) Whereas, the TDEM manages the Federal Hazard Mitigation Grant Program and the Federal Public Assistance Grant Program;(g) Whereas, the TWDB is a State agency with a mission to provide leadership, information, education, and support for planning, financial assistance, and outreach for the conservation and responsible development of water for Texas;(h) Whereas, the TDEM is charged with carrying out a comprehensive all-hazard emergency management program for the state and for assisting cities, counties, and state agencies in planning and implementing their emergency management programs;(i) Now, Therefore, in consideration of the benefits to the State of Texas, the parties hereby agree as follows:(1) Services to be Performed:(A) TDEM responsibilities:(i) It shall be the sole responsibility of TDEM to administer funds received from the TWDB from the Account in accordance with Texas Water Code §16.454, and any federal program, including applicable federal regulations, as permitted by Texas Water Code §16.454(b), under which the funds will be spent.(ii) In accordance with Texas Water Code §16.454(f), TDEM will periodically provide an Application to the Executive Administrator of the TWDB ("EA") for project funding requests that both TDEM and the EA find meet the requirements of Texas Water Code §§16.454(c), 16.454(f)(1) through (3), and 16.454(g). The TDEM Application will include supporting documentation that demonstrates how the project for each entity that will receive funding meets any applicable criteria in Texas Water Code §16.454.(iii) TDEM will provide the TWDB regular quarterly reports that include all information necessary for the TWDB to meet the transparency requirements of Texas Water Code §16.459. The report must include, but not be limited to, the following for each project:(I) the expected completion date;(II) the current status of the project;(III) proposed benefit of the project;(IV) initial cost estimate and variances to the initial cost estimate, if the variances are over 5%;(V) a list of the eligible political subdivisions receiving money from the Fund;(VI) a list of each political subdivision served by each project; and(VII) an estimate of matching funds for the project; and(VIII) status of repayment, if there was a loan made for the project.(iv) TDEM will provide any additional supporting information as may be requested by the TWDB.(v) TDEM will maintain sufficient records and receipts as may be required by the Texas Comptroller of Public Accounts to ensure the funds are distributed in accordance with Texas Water Code §16.454 and to satisfy the State Auditor's Office review.(vi) On or before August 1, 2031, TDEM will return any remaining funds to the TWDB.(B) TWDB responsibilities:(i) After receipt of each TDEM Application (and supporting documentation), TWDB will promptly transfer funds in an amount equal to the requested funding amount that meets the statutory criteria of Texas Water Code §§16.454(c), 16.454(f)(1) through (3), and 16.454(g).(ii) The EA of the TWDB will have the right to request additional supporting information as necessary to comply with the requirements of Texas Water Code §16.459.(2) Basis for Calculating Reimbursable Costs: Not applicable as services and resources under this Agreement are provided for disaster relief.(3) Agreement Amount: The total amount of this Agreement may not exceed $0.00.(4) Term: This Agreement is effective upon signature of both parties. This Agreement may be terminated at the request of either party. The Agreement will otherwise terminate at the earlier of either when the account is exhausted, or September 1, 2031. If the Account contains funding on September 1, 2031, the remaining balance shall be transferred to the TWDB Flood Plan Implementation Account.(5) Certifications:(A) Each party certifies that:(i) the services specified above are necessary and authorized for activities that are properly within the statutory functions and programs of the parties; and(ii) the services, materials, or equipment contracted for are not required by Section 21 of Article XVI of the Constitution of Texas to be supplied under contract given to the lowest responsible bidder.(B) TWDB certifies that it has the authority to agree to the above services.(C) TDEM certifies that it has the authority to agree to the above services. Source Note: The provisions of this §354.16 adopted to be effective December 29, 2019, 44 TexReg 8018. 10 TEXAS WATER DEVELOPMENT BOARD 354 MEMORANDA OF UNDERSTANDING §354.16 Memorandum of Understanding Between the Texas Division of Emergency Management (TDEM) and the TWDB related to the Federal Public Assistance Grant Program https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197453&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 197453 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197453&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 197453 03/11/2026 (a) This Memorandum of Understanding ("Agreement") is between the Texas Division of Emergency Management ("TDEM") and the Texas Water Development Board ("TWDB"), each an agency of the State of Texas.(b) Whereas, the 86th Legislature, R.S. passed Senate Bill 7 relevant portions of which were effective immediately;(c) Whereas, the governor signed Senate Bill 7 on June 13, 2019;(d) Whereas, Senate Bill 7 establishes the Hurricane Harvey Account ("Account") as a part of the Texas Infrastructure Resiliency Fund ("Fund") under Texas Water Code §16.454;(e) Whereas, pursuant to Texas Water Code §16.454, the Texas Water Development Board ("TWDB") may only use the Account to provide money to the Texas Division of Emergency Management ("TDEM") to provide financing for projects related to Hurricane Harvey;(f) Whereas, the TDEM manages the Federal Hazard Mitigation Grant Program and the Federal Public Assistance Grant Program;(g) Whereas, the TDEM has previously reviewed hazard mitigation project funding requests;(h) Whereas, the TWDB is a State agency with a mission to provide leadership, information, education, and support for planning, financial assistance, and outreach for the conservation and responsible development of water for Texas;(i) Whereas, the TDEM is charged with carrying out a comprehensive all-hazard emergency management program for the state and for assisting cities, counties, and state agencies in planning and implementing their emergency management programs;(j) Now, Therefore, in consideration of the benefits to the State of Texas, the parties hereby agree as follows:(1) Services to be Performed:(A) TDEM responsibilities:(i) It shall be the sole responsibility of TDEM to administer funds received from the TWDB from the Hurricane Harvey Account in accordance with Texas Water Code §16.454, and any federal program, including applicable federal regulations, as permitted by Texas Water Code §16.454(b), under which the funds will be spent.(ii) In accordance with Texas Water Code §16.454(f), TDEM will periodically provide an Application to the Executive Administrator of the TWDB ("EA") for the project funding requests that both TDEM and the EA find meet the requirements of Texas Water Code §§16.454(c), 16.454(f)(1) through (3), and 16.454(g). The TDEM Application will include supporting documentation that demonstrates how the application for each entity that will receive funding meets any applicable prioritization and the criteria in Texas Water Code §16.454.(iii) TDEM will accept and prioritize eligible flood project, other than public assistance grants, requests for funding from the Hurricane Harvey Account.(iv) In prioritizing the projects for the Hazard Mitigation Program, TDEM used a prioritization system, which the TWDB has reviewed and is acceptable to the TWDB.(v) TDEM will provide the TWDB regular quarterly reports that include all information necessary for the TWDB to meet the transparency requirements of Texas Water Code §16.459.(I) The report must include the following for each project:(-a-) the expected completion date;(-b-) the current status of the project;(-c-) proposed benefit of the project;(-d-) initial cost estimate and variances to the initial cost estimate, if the variances are over 5%;(-e-) a list of the eligible political subdivisions receiving money from the Fund;(-f-) a list of each political subdivision served by each project; and(-g-) an estimate of matching funds for the project; and(-h-) status of repayment, if there was a loan made for the project.(II) If applicable, the prioritization system for prioritizing flood projects and the number of points awarded by TDEM.(vi) TDEM will provide any additional supporting information as may be requested by the TWDB.(vii) TDEM will maintain sufficient records and receipts as may be required by the Texas Comptroller of Public Accounts to ensure the funds are distributed in accordance with Texas Water Code §16.454 and to satisfy the State Auditor's Office review.(viii) On or before August 1, 2031, TDEM will return any remaining funds to the TWDB.(B) TWDB responsibilities:(i) After receipt of each TDEM Application (and supporting documentation), TWDB will promptly transfer funds in an amount equal to the requested funding amount that meets the prioritization criteria and the statutory criteria of Texas Water Code §§16.454(c), 16.454(f)(1) through (3), and 16.454(g).(ii) The EA of the TWDB will have the right to request additional supporting information as necessary to comply with the requirements of Texas Water Code §16.459.(2) Basis for Calculating Reimbursable Costs: Not applicable as services and resources under this Agreement are provided for disaster relief.(3) Agreement Amount: The total amount of this Agreement may not exceed $0.00.(4) Term: This Agreement is effective upon signature of both parties. This Agreement may be terminated at the request of either party. The Agreement will otherwise terminate at the earlier of either when the account is exhausted, or September 1, 2031. If the Account contains funding on September 1, 2031, the remaining balance shall be transferred to the TWDB Flood Plan Implementation Account.(5) Certifications:(A) Each party certifies that:(i) The services specified above are necessary and authorized for activities that are properly within the statutory functions and programs of the parties; and(ii) The services, materials, or equipment contracted for are not required by Section 21 of Article XVI of the Constitution of Texas to be supplied under contract given to the lowest responsible bidder.(B) TWDB certifies that it has the authority to agree to the above services.(C) TDEM certifies that it has the authority to agree to the above services. Source Note: The provisions of this §354.17 adopted to be effective December 29, 2019, 44 TexReg 8018. 10 TEXAS WATER DEVELOPMENT BOARD 354 MEMORANDA OF UNDERSTANDING §354.17 Memorandum of Understanding Between the Texas Division of Emergency Management (TDEM) and the TWDB related to the Federal Hazard Mitigation Grant Program https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=62154&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 62154 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=62154&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 62154 03/11/2026 This subchapter shall govern the board's use of the research and planning fund to provide money for water research, flood control planning and regional facility planning. Source Note: The provisions of this §355.1 adopted to be effective October 11, 1991, 16 TexReg 5329; amended to be effective October 18, 1995, 20 TexReg 8075; amended to be effective February 11, 1999, 24 TexReg 765. 10 TEXAS WATER DEVELOPMENT BOARD 355 RESEARCH AND PLANNING FUND A GENERAL RESEARCH AND PLANNING §355.1 General https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=62156&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 62156 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=62156&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 62156 03/11/2026 The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. Words defined in the applicable provisions of the Texas Water Code, Chapter 15, and not defined here shall have the meanings provided by such chapter.(1) Flood protection planning--The process of developing the means of providing protection from flooding through structural and nonstructural measures.(A) Planning for flood protection includes studies and analyses to:(i) determine and describe problems resulting from or relating to flooding;(ii) determine the views and needs of the affected public relating to flooding problems;(iii) identify potential solutions;(iv) estimate benefits and costs of potential solutions, including structural and nonstructural measures;(v) recommend feasible solutions to flood protection problems; and(vi) determine that any proposed solutions are consistent with appropriate regional or statewide plans and relevant laws and regulations.(B) Planning, as herein defined, does not include those activities directly related to the preparation of applications for state or federal permits or other approvals, activities associated with administrative or legal proceedings by regulatory agencies, nor preparation of engineering plans and specifications.(2) Regional facility planning for water resources--The process of identifying existing and potential problems, problem solutions and their relative costs and benefits, and recommending the most feasible solution(s) for regional water supply or wastewater facilities, except to the extent that such matters are being or have been studied under Texas Water Code, §16.053. Planning, as herein defined, does not include those activities directly related to the preparation of applications for state or federal permits or other approvals, activities associated with administrative or legal proceedings by regulatory agencies, nor preparation of engineering plans and specifications.(3) Research--Scientific activities that are undertaken to address practical problems rather than to expand the frontiers of knowledge. Research can include development, which refers to activities undertaken to solve the technical problems involved in bringing a new product or process into production. Research may include regional water quality assessments performed by river authorities pursuant to the provisions of the Texas Water Code, §26.0135 and §26.178 Source Note: The provisions of this §355.2 adopted to be effective October 11, 1991, 16 TexReg 5329; amended to be effective October 18, 1995, 20 TexReg 8075; amended to be effective February 11, 1999, 24 TexReg 765. 10 TEXAS WATER DEVELOPMENT BOARD 355 RESEARCH AND PLANNING FUND A GENERAL RESEARCH AND PLANNING §355.2 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=135124&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 135124 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=135124&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 135124 03/11/2026 As funds become available, and needs are identified, the executive administrator will publish notice in the Texas Register requesting applications from eligible applicants for grants. Applicants shall submit application(s) in the form and in the manner prescribed by the executive administrator. The executive administrator may request additional information needed to evaluate the application, and may return any incomplete applications. Applicants may also submit and the executive administrator may also consider applications at any time, depending on availability of funds and demonstrated need. Source Note: The provisions of this §355.3 adopted to be effective October 11, 1991, 16 TexReg 5329; amended to be effective October 18, 1995, 20 TexReg 8075; amended to be effective February 11, 1999, 24 TexReg 765; amended to be effective February 18, 2008, 33 TexReg 1348. 10 TEXAS WATER DEVELOPMENT BOARD 355 RESEARCH AND PLANNING FUND A GENERAL RESEARCH AND PLANNING §355.3 Legal and Fiscal Information https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=62158&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 62158 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=62158&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 62158 03/11/2026 Any person may apply for research grants, but only political subdivisions may apply for flood control and regional facility planning grants. Funding of projects shall be at the discretion of the board from funds in the research and planning fund. Source Note: The provisions of this §355.4 adopted to be effective October 11, 1991, 16 TexReg 5329; amended to be effective October 18, 1995, 20 TexReg 8075; amended to be effective February 11, 1999, 24 TexReg 765. 10 TEXAS WATER DEVELOPMENT BOARD 355 RESEARCH AND PLANNING FUND A GENERAL RESEARCH AND PLANNING §355.4 Eligibility https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=135125&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 135125 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=135125&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 135125 03/11/2026 Applications will be evaluated by the executive administrator, considering, at a minimum, the following criteria:(1) Research project evaluation criteria for unsolicited applications:(A) relationship of project to current needs for water resource research;(B) description of the proposed research project;(C) approach to organizing and managing the research project;(D) estimated time required to complete the research project;(E) ability to perform the research and complete the project;(F) potential economic impact; and(G) environmental enhancement and conservation impact.(2) Research project evaluation criteria for solicited applications:(A) description of the proposed research project;(B) responsiveness of the application to the request for proposals for requests for qualifications;(C) approach to organizing and managing the research project;(D) estimated time required to complete the research project; and(E) ability to perform the research and complete the project.(3) Flood control planning project criteria:(A) degree to which proposed planning duplicates previous or ongoing flood plans;(B) project service area is regional versus local;(C) history of flooding in project area;(D) participation in National Flood Insurance Program;(E) project organization and budget; and(F) scope and potential benefits of project.(4) Regional facility planning project criteria:(A) degree to which proposed planning duplicates previous or ongoing plans;(B) regional nature of project;(C) conformance to certified water quality management plans;(D) adequacy of water conservation plan and commitment to water conservation;(E) project organization and budget;(F) scope and potential benefits of project;(G) the degree to which the regional facility planning is consistent with an approved regional water plan for the area in which the political subdivision is located. Source Note: The provisions of this §355.5 adopted to be effective October 11, 1991, 16 TexReg 5329; amended to be effective October 18, 1995, 20 TexReg 8075; amended to be effective February 11, 1999, 24 TexReg 765; amended to be effective September 11, 2002, 27 TexReg 8598; amended to be effective February 18, 2008, 33 TexReg 1348. 10 TEXAS WATER DEVELOPMENT BOARD 355 RESEARCH AND PLANNING FUND A GENERAL RESEARCH AND PLANNING §355.5 Criteria https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3641&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3641 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3641&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3641 03/11/2026 The executive administrator will submit recommended projects to the board, to be scheduled on the agenda for board consideration at the earliest practical date. The applicant and other interested parties known to the board shall be notified of the time and place of such meeting. Source Note: The provisions of this §355.6 adopted to be effective October 11, 1991, 16 TexReg 5329. 10 TEXAS WATER DEVELOPMENT BOARD 355 RESEARCH AND PLANNING FUND A GENERAL RESEARCH AND PLANNING §355.6 Board Consideration of Projects https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19150&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19150 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19150&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19150 03/11/2026 At the conclusion of the meeting to consider the project, the board may resolve to approve, disapprove, amend, or continue consideration of the application. Approval action shall include specification of a commitment period during which applicant must enter into a contract, and demonstrate matching funds availability, after which time the commitment shall expire, unless a time extension is granted by the board. Source Note: The provisions of this §355.7 adopted to be effective October 11, 1991, 16 TexReg 5329. 10 TEXAS WATER DEVELOPMENT BOARD 355 RESEARCH AND PLANNING FUND A GENERAL RESEARCH AND PLANNING §355.7 Action of the Board on Projects https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=62164&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 62164 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=62164&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 62164 03/11/2026 For flood protection and regional facility planning projects, applicants must notify all cities, counties, non-profit water supply corporations, regional planning agencies, regional water planning groups, and all districts and authorities created under the Texas Constitution, Article III, Chapter 52, or Article XVI, Chapter 59, in the planning area by certified mail that an application for planning assistance is being filed with the board. The notice shall include the name and address of the applicant and the name of the applicant's manager or official representative; and brief description of the planning area; the purposes of the planning project; the board's name, address, and the name of a contact person with the board; a statement that any comments must be filed with the executive administrator and the applicant within 30 days of the date on which the notice is mailed. Prior to action by the board, the applicant must provide one copy of the notice sent to affected political subdivisions, a list of the political subdivisions to which notice was sent, and the date on which the notice was sent. The board may not act on such application before the end of the 30-day notice period unless all political subdivisions to which notice is required to be sent agree in writing to waive the notice period. Source Note: The provisions of this §355.8 adopted to be effective October 11, 1991, 16 TexReg 5329; amended to be effective October 18, 1995, 20 TexReg 8075; amended to be effective February 11, 1999, 24 TexReg 765. 10 TEXAS WATER DEVELOPMENT BOARD 355 RESEARCH AND PLANNING FUND A GENERAL RESEARCH AND PLANNING §355.8 Notice Requirements https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=62165&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 62165 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=62165&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 62165 03/11/2026 The board may authorize the executive administrator or his designee to enter into contracts with persons or political subdivisions, within available funds. Such contracts shall include:(1) a detailed statement of the purpose for which the money is to be used;(2) the total amount of money to be paid from the research and planning fund under the contract;(3) the time for completion; and(4) any other terms and conditions required by the executive administrator or agreed to by the contracting parties. Source Note: The provisions of this §355.9 adopted to be effective October 11, 1991, 16 TexReg 5329; amended to be effective February 11, 1999, 24 TexReg 765. 10 TEXAS WATER DEVELOPMENT BOARD 355 RESEARCH AND PLANNING FUND A GENERAL RESEARCH AND PLANNING §355.9 Contracts https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=135126&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 135126 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=135126&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 135126 03/11/2026 (a) Grants for regional facility planning and flood control planning shall be limited to 50% of the total cost of the project, except that the board may supply up to 75% of the total cost to political subdivisions which have unemployment rates exceeding the state average by 50% or more, and which have per capita income which is 65% or less of the state average for the last reporting period available.(b) In-kind services may be substituted for any part of the local share, if such services are directly in support of the planning effort, are properly documented, and approved in advance by the board.(c) Up to 100% of the cost of research projects may be provided by the board.(d) Funds will be released only as reimbursement of costs actually incurred for approved activities.(e) Grants in excess of 75% for regional facility planning or flood control planning will be provided if authorized by specific legislation or legislative appropriation language. Source Note: The provisions of this §355.10 adopted to be effective October 11, 1991, 16 TexReg 5329; amended to be effective May 21, 1992, 17 TexReg 3382; amended to be effective October 18, 1995, 20 TexReg 8075; amended to be effective February 11, 1999, 24 TexReg 765; amended to be effective September 11, 2002, 27 TexReg 8598; amended to be effective February 18, 2008, 33 TexReg 1348. 10 TEXAS WATER DEVELOPMENT BOARD 355 RESEARCH AND PLANNING FUND A GENERAL RESEARCH AND PLANNING §355.10 Funding Limitations https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=135127&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 135127 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=135127&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 135127 03/11/2026 All reports, planning documents and any other work products resulting from projects receiving board funding assistance must be made available to state agencies and political subdivisions as required by the executive administrator or as agreed to by the contracting parties. Source Note: The provisions of this §355.11 adopted to be effective October 11, 1991, 16 TexReg 5329; amended to be effective February 18, 2008, 33 TexReg 1348. 10 TEXAS WATER DEVELOPMENT BOARD 355 RESEARCH AND PLANNING FUND A GENERAL RESEARCH AND PLANNING §355.11 Availability of Reports and Planning Documents https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=128704&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 128704 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=128704&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 128704 03/11/2026 The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. Words defined in the Texas Water Code, Chapter 15, 16 or 17, and not defined here shall have the meaning provided by the appropriate chapter.(1) Affected county--Means a county that has an economically distressed area which has a median household income that is not greater than 75 percent of the median state household income.(2) Economically distressed area--An area within an affected county in which:(A) water supply or sewer services are inadequate to meet minimal water supply or wastewater needs of residential users as defined by the minimum state standards adopted by board rules;(B) financial resources are inadequate to provide water supply or sewer services that will satisfy those needs; and(C) an established residential subdivision was located on June 1, 2005, as determined by the board.(3) Facility planning--The studies and tasks that are required to be performed pursuant to §355.73(a) of this title (relating to Scope of Facility Plan) to determine the engineering feasibility of water or wastewater facilities for an economically distressed area, including the studies and tasks that may be required to be performed under §355.73(b).(4) Minimal wastewater needs--A wastewater system that complies with the minimum state wastewater conveyance and treatment requirements as established by the Texas Commission on Environmental Quality.(5) Minimal water supply needs--A water system that complies with the minimum state water treatment, conveyance, and storage regulatory requirements for human consumption as established by the Texas Commission on Environmental Quality.(6) Political subdivision--Means an affected county, a municipality located in an affected county, a district or authority created under Article III, Section 52, or Article XVI, Section 59, of the Texas Constitution, located in an affected county, or a nonprofit water supply corporation created and operating under Water Code, Chapter 67, located in an affected county, that receives funds for facility engineering under Water Code §15.407 or financial assistance under Water Code, Chapter 17, Subchapter K, or an economically distressed area in an affected county for which financial assistance is received under Water Code, Chapter 15, Subchapter C.(7) Sewer services or sewer facilities--Means treatment works as defined by §17.001 of this code or individual, on-site, or cluster treatment systems such as septic tanks and includes drainage facilities and other improvements for proper functioning of septic tank systems.(8) Wastewater facilities--Any devices and systems which are used in the transport, storage, individual treatment, on-site treatment, cluster system treatment, centralized treatment, conservation, recycling, and reclamation of domestic waste or which are necessary to recycle or reuse reclaimed domestic wastewater at the most economical cost over the estimated life of the new works, including intercepting sewers, outfall sewers, sewage collections systems, pumps, power equipment, septic tanks (including surface or subsurface drainage facilities and other improvements for proper functioning of septic tank systems), nonconventional treatment methods, and other equipment and their appurtenances; and extensions, improvements, remodeling, additions, and alterations to existing wastewater facilities. The term does not include devices and systems within dwellings, businesses, or institutions.(9) Water facilities--Any devices and systems which are used in the collection, supply, development, protection, storage, transmission, treatment, and retail distribution of water for safe human use and consumption. The term does not include devices and systems within dwellings, businesses, or institutions. Source Note: The provisions of this §355.70 adopted to be effective October 11, 1991, 16 TexReg 5329; amended to be effective May 6, 1992, 17 TexReg 3001; amended to be effective February 11, 1999, 24 TexReg 765; amended to be effective January 4, 2000, 24 TexReg 12070; amended to be effective April 11, 2006, 31 TexReg 3057; amended to be effective January 2, 2007, 31 TexReg 10802. 10 TEXAS WATER DEVELOPMENT BOARD 355 RESEARCH AND PLANNING FUND B ECONOMICALLY DISTRESSED AREAS FACILITY ENGINEERING §355.70 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=135129&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 135129 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=135129&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 135129 03/11/2026 (a) Availability. The board will make funds available through the research and planning fund or development fund to political subdivisions in affected counties for up to 100% of the cost of facility planning for water and wastewater facilities to serve economically distressed areas. The determination of the amount of grant made available by the board shall be made under the following criteria:(1) If an applicant has unrestricted cash reserves in an amount that is more than one and one-half times than the preceding year's average monthly operation and maintenance expenses, the board may fund 75% of the cost of the facility planning, with the applicant providing at least 50% of the remaining cost of the facility planning in the form of cash;(2) Upon written request of an applicant for a greater grant percentage and if the applicant has unrestricted cash reserves of less than one and one-half times but equal to or greater than one times the preceding year's average monthly operation and maintenance expenses, the board may fund 87.5% of the cost of the facility planning, with the applicant providing for the remaining portion of the facility planning by providing in-kind services or any combination of cash and in-kind services;(3) Upon written request of an applicant for a greater grant percentage and if the applicant has unrestricted cash reserves of less than one times the preceding year's average monthly operation and maintenance expenses, the board may fund 87.5% of the cost of the facility planning, with the applicant providing for the remaining portion of the facility planning by providing in-kind services; provided however, upon certification by the applicant that the applicant does not have the staff or that the applicant's staff lacks sufficient expertise to perform any in-kind contribution, the board may provide 100% of the cost of the facility planning; or(4) Funds made available to the board pursuant to an agreement which specifies terms and conditions under which the board may distribute such funds shall be provided to eligible applicants based on the availability of the funds and pursuant to the criteria and in the manner set forth in such funding agreements. Any such agreements shall be available upon request.(b) Engineering. To make the most effective use of the limited amount of funds available, the applicant will confer with the board on all significant decisions related to facility planning.(c) Professional engineer. All facility planning reports and plans shall be signed and sealed by a professional engineer in accordance with the Texas Engineering Practice Act, Texas Occupations Code, Chapter 1001.(d) The board may provide financial assistance for costs necessary to provide water or sewer services to economically distressed areas for the preliminary planning, including contingencies as determined by the board, to determine the feasibility of a water supply project, treatment works, or flood control measures. The grant agreement shall provide for the board to retain a minimum of 15% of the progress payments otherwise due to the applicant until the funded deliverable, as defined in the grant agreement, is substantially complete and is authorized by the executive administrator. Source Note: The provisions of this §355.71 adopted to be effective October 11, 1991, 16 TexReg 5329; amended to be effective May 6, 1992, 17 TexReg 3001; amended to be effective March 15, 1994, 19 TexReg 1466; amended to be effective August 12, 1994, 19 TexReg 5846; amended to be effective February 11, 1999, 24 TexReg 765; amended to be effective January 2, 2007, 31 TexReg 10802; amended to be effective February 18, 2008, 33 TexReg 1348. 10 TEXAS WATER DEVELOPMENT BOARD 355 RESEARCH AND PLANNING FUND B ECONOMICALLY DISTRESSED AREAS FACILITY ENGINEERING §355.71 Purpose and Policy https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=135131&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 135131 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=135131&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 135131 03/11/2026 (a) Political subdivisions must meet the appropriate requirements of this section before the board may consider an application for financial assistance for facility planning.(1) A county within which the political subdivision applying for assistance is wholly or partially located must have adopted the model subdivision rules required by the Texas Water Code, §16.343. Copies of the model subdivision rules are available upon request from the Texas Water Development Board, Office of General Counsel, P.O. Box 13231, Austin, Texas 78711 or the board's web site http://www.twdb.state.tx.us/publications/rules/rules.asp.(2) A municipality which applies for financial assistance or within which a political subdivision applying for assistance is wholly or partially located must have adopted the model subdivision rules required by the Texas Water Code, §16.343, if the economically distressed area to be served is partially or wholly located within the incorporated limits of the municipality.(3) A political subdivision applying for facility planning assistance must provide a citation to the specific legal authority in the Texas Constitution and statutes pursuant to which the applicant is authorized to provide the service for which the applicant is receiving financial assistance as well as citation to the laws under which the political subdivision was created and is operating.(4) A political subdivision shall have submitted for review:(A) an annual audit for the most recent fiscal year of the political subdivision and financial statements for the three previous complete months;(B) the most recent order or resolution establishing the rates and charges for the utility service for which the planning will be performed;(C) the current capital improvement plan for the utility service for which the planning will be performed;(D) an executed contract with the consulting engineer to prepare the facility plan and sufficient documentation to establish that the political subdivision complied with §355.77 of this title in procuring the services of the consulting engineer.(b) If the applicant is a local governmental entity as defined in the Health and Safety Code, Chapter 366, then before the board provides financial assistance for facility planning, the applicant must provide satisfactory evidence that it has taken and will take all actions necessary to receive and maintain a designation as an authorized agent of the commission as set forth in that chapter. Source Note: The provisions of this §355.72 adopted to be effective October 11, 1991, 16 TexReg 5329; amended to be effective May 6, 1992, 17 TexReg 3001; amended to be effective April 13, 1995, 20 TexReg 2392; amended to be effective February 11, 1999, 24 TexReg 765; amended to be effective February 10, 2000, 25 TexReg 800; amended to be effective November 7, 2000, 25 TexReg 10925; amended to be effective January 2, 2007, 31 TexReg 10802; amended to be effective February 18, 2008, 33 TexReg 1348. 10 TEXAS WATER DEVELOPMENT BOARD 355 RESEARCH AND PLANNING FUND B ECONOMICALLY DISTRESSED AREAS FACILITY ENGINEERING §355.72 Criteria for Eligibility https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=128707&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 128707 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=128707&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 128707 03/11/2026 (a) A facility plan shall incorporate appropriate data from applicable existing planning reports and shall consist of:(1) an analysis and explanation of the problems and needs within the economically distressed area and the total project area including:(A) existing and projected population;(B) existing water and wastewater facilities;(C) existing and projected water supply and water demand;(D) wastewater characterization;(E) infiltration inflow analysis, if applicable;(F) ability of the dwellings to utilize future water and wastewater facilities;(G) adjusted median household income is calculated as the annual median household income identified in the most recent U.S. Census from the closest applicable census tract multiplied by the current Texas Consumer Price Index divided by the most recent decennial Texas Consumer Price Index; and(H) if the applicant demonstrates to the satisfaction of the executive administrator that census data for the particular area is inadequate or unavailable to calculate the adjusted median household income, the adjusted median income may also be calculated using data from a survey approved by the executive administrator of a statistically acceptable sampling of customers in the service area completed within the last 12 months;(2) the identification, selection, and evaluation of alternatives, including preparation of a cost-effectiveness analysis of the alternatives for providing adequate water and wastewater facilities. For wastewater, alternatives include septic tanks and other on-site systems; regional and nonregional systems; conventional treatment technologies; nonconventional treatment technologies, such as rock reed, root zone, ponding, irrigation, or other technologies that may have been developed by NASA and the Tennessee Valley Authority; and revenue generating alternatives. The alternative evaluation will also consider facilities which will allow for greatest utilization of local labor during facility construction, operation, and maintenance;(3) environmental data and analysis in accordance with §363.14 of this title (relating to Environmental Assessment), or §375.214 of this title (relating to Required Environmental Review and Determination) as determined by the executive administrator to be applicable to potential funding;(4) a water conservation and drought contingency plan for the applicant and an explanation of how water conservation will be incorporated into the provision of adequate water and wastewater facilities both to and in dwellings in the economically distressed area;(5) documentation of public consent for the construction of water and wastewater facilities to serve the economically distressed area;(6) documentation that the area to be served by the project was an established residential subdivision pursuant to the criteria identified in §363.503(4) of this title (relating to Determination of Economically Distressed Area), and number of dwellings to be served by the project within the facility planning area and the economically distressed area;(7) a description of the proposed facilities, including an identification of any existing facilities to be acquired, replaced, enlarged, or improved;(8) preliminary engineering design data;(9) detailed construction cost estimates for each segment of construction, estimates of the operation and maintenance costs for the recommended facilities, and a separate calculation of both construction and operation and maintenance costs on a per dwelling basis. Separate costs for the dwelling rehabilitation needed to allow use of the water and wastewater facilities shall also be provided;(10) estimated water usage and wastewater flows for the project area after completion of the project together with an explanation of the basis of the estimation;(11) percentage of total existing utility water and/or wastewater system capacity that will be used to serve the colonia;(12) percentage of proposed water and wastewater capacity that will serve economically distressed areas and non-economically distressed areas;(13) the historical cost to the utility to build the system capacity, by source of funds;(14) a detailed implementation schedule for designing, permitting, financing, and constructing the facilities, and for any other major milestones. If the project is to be phased, major milestones, costs, and descriptions for each component and segment of the project shall be provided;(15) details or drafts of any proposed interlocal agreement or other agreements or contracts needed to implement the project;(16) a determination of the amount of funds available from federal, state, local, and private organizations for plans and specifications, project construction, operation of the recommended facilities, project management, hook-ups, facility planning, easement and land acquisition, or any other project components; and(17) a user charge system, including the analysis of an economically distressed areas impact fee.(b) The facility plan assistance shall include the items of work described in this subsection if approved or required by the board:(1) an appraisal of the value of real property needed for the water and wastewater facilities. In the absence of condemnation powers, the political subdivision shall determine the availability of title, easements, and rights-of-way needed to implement the project;(2) a determination of the availability of surface water and the right to utilize groundwater, the preparation of applications for necessary water rights permits, and the preparation of purchase contracts;(3) the preparation of applications for necessary state and federal wastewater permits. Facility planning may not include activities associated with administrative or legal proceedings by regulatory agencies;(4) the preparation of plans and specifications for constructing the water or wastewater facilities; and(5) other engineering tasks approved by the executive administrator. Source Note: The provisions of this §355.73 adopted to be effective October 11, 1991, 16 TexReg 5329; amended to be effective May 6, 1992, 17 TexReg 3001; amended to be effective August 14, 1992, 17 TexReg 5362; amended to be effective March 15, 1994, 19 TexReg 1466; amended to be effective February 11, 1999, 24 TexReg 765; amended to be effective January 2, 2007, 31 TexReg 10802. 10 TEXAS WATER DEVELOPMENT BOARD 355 RESEARCH AND PLANNING FUND B ECONOMICALLY DISTRESSED AREAS FACILITY ENGINEERING §355.73 Scope of Facility Plan https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19153&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19153 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19153&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19153 03/11/2026 An application shall be submitted for the facility plan tasks. An application will be in the form and in numbers prescribed by the executive administrator. The executive administrator may request any additional information needed to evaluate the application, and may return any incomplete applications. Source Note: The provisions of this §355.74 adopted to be effective May 6, 1992, 17 TexReg 3001. 10 TEXAS WATER DEVELOPMENT BOARD 355 RESEARCH AND PLANNING FUND B ECONOMICALLY DISTRESSED AREAS FACILITY ENGINEERING §355.74 Submission of Applications https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=128708&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 128708 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=128708&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 128708 03/11/2026 (a) If an application is approved, the board may authorize the executive administrator to enter into a contract with the applicant on behalf of the board. The contract shall include: scope of work; schedule of work; budget; any other terms or conditions required by the executive administrator.(b) An approved applicant may subcontract any or all of the scope of work. The board will not be party to any subcontract, and the political subdivision will be solely responsible for monitoring, administering, and requiring subcontractor compliance with the terms of the board's contract with the political subdivision.(c) Applicants, contractors, and subcontractors shall maintain financial accounts, documents, and records that are acceptable to the board. All records shall be made available for examination and audit by the staff of the board and the state. Accounting by applicants, contractors, and subcontractors shall be in a manner consistent with generally accepted accounting procedures. All records will be retained for a minimum period of three years, and records shall be retained beyond the three years if litigation, a claim, or an audit is in process or if audit findings are not resolved. The three-year period will begin upon final payment of the funds retained by the board.(d) Capital equipment shall not be purchased with facility planning assistance.(e) If the board determines that planning activities undertaken by an applicant under this subchapter have been inadequate or not completed in a timely manner, the board may terminate the contract and on behalf of and in consultation with the applicant may perform or contract for facility engineering in the economically distressed area. Source Note: The provisions of this §355.75 adopted to be effective May 6, 1992, 17 TexReg 3001; amended to be effective January 2, 2007, 31 TexReg 10802. 10 TEXAS WATER DEVELOPMENT BOARD 355 RESEARCH AND PLANNING FUND B ECONOMICALLY DISTRESSED AREAS FACILITY ENGINEERING §355.75 Application Approval and Termination https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3643&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3643 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3643&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3643 03/11/2026 All reports, planning documents, plans and specifications, and any other work products resulting from facility planning assistance must be provided to the board and will be deemed public information. The applicant and subcontractors shall be available for presentations of results as required by the board. Source Note: The provisions of this §355.76 adopted to be effective May 6, 1992, 17 TexReg 3001. 10 TEXAS WATER DEVELOPMENT BOARD 355 RESEARCH AND PLANNING FUND B ECONOMICALLY DISTRESSED AREAS FACILITY ENGINEERING §355.76 Reports and Documents https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=135130&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 135130 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=135130&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 135130 03/11/2026 Professional engineering services necessary for preparing a facility plan for economically distressed areas shall be procured according to the Texas Government Code, Chapter 2254 (Professional Services Procurement Act), other applicable state and local laws, and the requirements of this section. The service provider shall be selected pursuant to written procedures, subject to review by the executive administrator, that assure the selection process is open to all qualified providers and that each step of the selection process is sufficiently documented. Source Note: The provisions of this §355.77 adopted to be effective November 7, 2000, 25 TexReg 10925; amended to be effective February 18, 2008, 33 TexReg 1348. 10 TEXAS WATER DEVELOPMENT BOARD 355 RESEARCH AND PLANNING FUND B ECONOMICALLY DISTRESSED AREAS FACILITY ENGINEERING §355.77 Procurement of Facility Planning Services https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=158080&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 158080 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=158080&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 158080 03/11/2026 (a) This subchapter applies to grant funds for the development and revision of regional water plans.(b) The following words and acronyms, used in this subchapter, have the following meanings:(1) Board--The Texas Water Development Board.(2) Commission--The Texas Commission on Environmental Quality.(3) Eligible applicant--A political subdivision designated by the regional water planning group and authorized to receive funds for developing or revising regional water plans.(4) Executive administrator (EA)--The executive administrator of the Board or a designated representative.(5) Political subdivision--A city, county, district or authority created under the Texas Constitution, Article III, §52, or Article XVI, §59, any other political subdivision of the state, any interstate compact commission to which the state is a party, and any nonprofit water supply corporation created and operating under Texas Water Code Chapter 67 (relating to Nonprofit Water Supply or Sewer Service Corporations).(6) Regional water plan--A plan or an amendment to an adopted regional water plan developed by a regional water planning group for a regional water planning area pursuant to the Texas Water Code §16.053 (relating to Regional Water Plans).(7) Regional water planning area--A geographical area designated and defined by the Board pursuant to the Texas Water Code §16.053.(8) Regional water planning group (RWPG)--A group designated by the Board that develops a regional water plan, pursuant to the Texas Water Code §16.053.(9) State environmental planning criteria--Criteria adopted by the Board for inclusion in the state water plan; the criteria are developed through coordination with the Commission and the Texas Parks and Wildlife Department and are used for evaluating the feasibility of water management strategies in a regional water plan when the RWPG lacks information from site specific studies. The environmental planning criteria are listed in Chapter 357 of this title (relating to Regional Water Planning) and also include the Commission's environmental flows standards at 30 TAC Chapter 298 (relating to Environmental Flow Standards for Surface Water).(10) State population and demand projections--Population and water demand projections contained in the state water plan or adopted by the Board after consultation with the Commission, the Texas Department of Agriculture, the Texas Parks and Wildlife Department, and RWPGs in preparation for revision of the state water plan.(11) State water plan--The most recent state water plan adopted by the Board under the Texas Water Code §16.051 (relating to State Water Plan). Source Note: The provisions of this §355.90 adopted to be effective August 12, 2012, 37 TexReg 5795. 10 TEXAS WATER DEVELOPMENT BOARD 355 RESEARCH AND PLANNING FUND C REGIONAL WATER PLANNING GRANTS §355.90 Applicability and Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205367&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 205367 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205367&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 205367 03/11/2026 (a) The EA will notify the RWPGs that funds are available and that applications will be accepted from eligible applicants for grants to develop a scope of work or to develop or revise regional water plans. The notice will describe the form and manner for applications. A RWPG may not receive grant funds unless the RWPG has provided the EA with a copy of the RWPG's adopted by-laws.(b) The RWPG shall provide a written designation to the EA naming the political subdivision that is authorized to apply for grant funds on behalf of the RWPG. The RWPG shall ensure that the designated political subdivision has the legal authority to conduct the procurement of professional services and enter into the contracts necessary for regional water planning.(c) The political subdivision shall provide notice that an application for funding is being submitted in accordance with §357.21 of this title (relating to Notice and Public Participation).(d) The application must include: the name of the political subdivision; citation to the laws under which the political subdivision was created and is operating, specific citation of all laws providing authority to develop and implement a regional water plan; the amount of funding requested; and any other relevant information requested by the EA.(e) The EA may request clarification from the political subdivision if necessary to evaluate the application. Incomplete applications may be rejected and returned to the applicant.(f) The applications shall be evaluated by the following criteria:(1) degree to which proposed planning does not duplicate previous or ongoing water planning;(2) project budget;(3) scope of work;(4) the relative need of the political subdivision for the money based on the scope of work and cost to develop the regional water plan;(5) the legal authority of the political subdivision to participate in the development and implementation of a regional water plan; and(6) the degree to which regional water planning by the RWPG will address the water supply needs in the regional water planning area. Source Note: The provisions of this §355.91 adopted to be effective August 12, 2012, 37 TexReg 5795; amended to be effective April 11, 2018, 43 TexReg 2156; amended to be effective May 27, 2021, 46 TxReg 3296. 10 TEXAS WATER DEVELOPMENT BOARD 355 RESEARCH AND PLANNING FUND C REGIONAL WATER PLANNING GRANTS §355.91 Notice of Funds and Submission and Review of Applications https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205368&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 205368 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205368&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 205368 03/11/2026 (a) Limitations of Funding. The Board has sole discretion in determining which activities are necessary for the development or revision of regional water plans. However, no funds will be provided for the following:(1) activities for which the Board determines existing information or data is sufficient for the planning effort including:(A) detailed evaluations of cost of water management strategies where recent information for planning is available to evaluate the cost associated with the strategy;(B) evaluations of groundwater resources for which a desired future condition has been submitted to the Board pursuant to Texas Water Code §36.108(d) (relating to Joint Planning in a Management Area);(C) evaluations of groundwater resources for which current information is available from the Board or other entity sufficient for evaluation of the resource;(D) determination of water savings resulting from standard conservation practices for which current information is available from the Board;(E) revision of the adopted state population and demand projections;(F) revision of state environmental planning criteria for new surface water supply projects; and(G) collection of data describing groundwater or surface water resources where information for evaluation of the resource is currently available;(2) activities directly related to the preparation of applications for state or federal permits or other approvals, activities associated with administrative or legal proceedings by regulatory agencies, and preparation of engineering plans and specifications;(3) activities related to planning for individual system facility needs other than identification of those facilities necessary to transport water from the source of supply to a regional water treatment plant or to a local distribution system;(4) analyses of benefits and costs of water management strategies are not eligible for funding, unless the EA, at his or her discretion, has deemed an analysis necessary and appropriate or specifically authorizes reimbursement. In determining whether to authorize reimbursement for a cost benefit analysis for a water management strategy, the EA will consider:(A) whether the water management strategy requires a state or federal permit and the RWPG has completed the analysis required by §357.34 of this title (relating to Identification and Evaluation of Potentially Feasible Water Management Strategies);(B) whether these analyses are needed to determine the selection of the water management strategy;(C) whether the analysis is for strategies that serve the same demand, but the costs and benefits differ significantly among the strategies; and(D) the overarching benefits to the state when determining whether to provide such funding.(b) Costs associated with participation on an RWPG and certain administrative activities by the RWPG's Political Subdivision and RWPG members are not eligible for funding. Ineligible costs include, but are not limited to:(1) compensation for the time or expenses of RWPGs members' service on or for the RWPG, including attendance at RWPG meetings and hearings;(2) costs for training;(3) costs associated with the development of an application for a regional water planning grant;(4) costs of reviewing products developed due to this grant; and(5) costs of administering the regional water planning grant and associated contracts.(c) Funding Administrative Costs. The following administrative costs are eligible for funding as specifically limited by the expense budget included in the regional water planning grant contract between the TWDB and the RWPG's political subdivision and if the RWPG or its chairperson certifies, during a public meeting, that the expenses are eligible for reimbursement and are correct and necessary:(1) travel expenses, as authorized by the General Appropriations Act, are available only for attendance at a posted meeting of the RWPG, unless the travel is specifically authorized by the RWPG and EA;(2) costs associated with providing translators and accommodations for persons with disabilities for public meetings when required by law or deemed necessary by the RWPGs and certified by the chairperson;(3) direct costs, not including personnel costs, for providing copies of information for the public and for members of the RWPGs as needed for the efficient performance of planning work;(4) direct costs, not including personnel costs, of public notice postings including maintaining a website and for postage for mailing notices of public meetings and hearings, including in newspapers pursuant to Chapter 357 of this title (relating to Regional Water Planning); and(5) the RWPG's political subdivision's personnel costs, for the staff hours that are directly spent providing, preparing for, and posting public notice for RWPG meetings and hearings, including time and direct expenses for their support of and attendance at such RWPG meetings and hearings.(d) Subcontracting. An RWPG through the political subdivision's contractor or subcontractor may obtain professional services, including the services of a planner, land surveyor, licensed engineer, or attorney, for development or revision of a regional water plan only if such services are procured on the basis of demonstrated competence and qualifications through a request for qualifications process in accordance with Texas Government Code, Chapter 2254. Source Note: The provisions of this §355.92 adopted to be effective August 12, 2012, 37 TexReg 5795; amended to be effective April 11, 2018, 43 TexReg 2156; amended to be effective May 27, 2021, 46 TexReg 3296. 10 TEXAS WATER DEVELOPMENT BOARD 355 RESEARCH AND PLANNING FUND C REGIONAL WATER PLANNING GRANTS §355.92 Use of Funds https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205369&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 205369 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205369&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 205369 03/11/2026 (a) The EA shall provide a summary of regional water planning funding applications with recommendations for approval to the Board for consideration at a regularly scheduled public meeting of the Board. The EA shall notify the applicants of the time and place of such meeting.(b) Board Review. The Board may approve, deny, amend, or continue consideration of an application. If the Board approves the application for funding, then the RWPG's political subdivision will be notified of the amount of funds available and the deadline for executing a contract with the Board. If the applicant does not enter into a contract by the specified deadline, then the Board's approval expires and no funds will be provided. The political subdivision may request an extension of time for good cause shown prior to the contract execution deadline.(c) Eligible Applicant's Responsibility. The RWPG's political subdivision must demonstrate the availability of matching funds when applicable. However, the Board may in its discretion award up to 100% of the necessary and direct costs of the development or revision of a regional water plan.(d) The contracts and subcontracts for regional planning funds shall include:(1) a detailed statement of the purpose for which the money is to be used;(2) a scope of work provided by the EA or a scope of work developed by the RWPG if requested by the EA;(3) the total amount of money to be paid from the research and planning fund under the contract and, as determined by the EA, subdivided into task budgets;(4) the time for completion; and(5) any other terms and conditions required by the EA or agreed to by the contracting parties. Source Note: The provisions of this §355.93 adopted to be effective August 12, 2012, 37 TexReg 5795; amended to be effective May 27, 2021, 46 TexReg 3296. 10 TEXAS WATER DEVELOPMENT BOARD 355 RESEARCH AND PLANNING FUND C REGIONAL WATER PLANNING GRANTS §355.93 Board Consideration of Applications; Applicant's Responsibilities; and Contract https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=135150&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 135150 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=135150&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 135150 03/11/2026 (a) This subchapter governs the board's disbursement of funds for research and planning grants relating to environmental flows. Texas Water Code §15.403 authorizes the board to adopt rules for Texas Water Code Chapter 15 relating to the Texas Water Assistance Program for research and planning and §15.4063 authorizes the board to provide funds relating to activities for studying environmental flows.(b) This subchapter applies to the board's use of funds for financial support for the environmental flows science advisory committee pursuant to Texas Water Code §15.4063(a)(1), the basin and bay expert science teams pursuant to Texas Water Code §15.4063(a)(3), for contracts with political subdivisions designated as representatives of the basin and bay stakeholder committees pursuant to Texas Water Code §15.4063(a)(4) and for contracts with federal or state agencies, universities and private persons for the provision of technical assistance to the environmental flows science advisory committee pursuant to Texas Water Code §15.4063(a)(2).(c) The words used in this subchapter are defined in Subchapter C of this chapter unless otherwise defined herein.(1) Environmental flows advisory group means the group established pursuant to Texas Water Code §11.0236.(2) Environmental flows science advisory committee means the committee established pursuant to Texas Water Code §11.02361.(3) Basin and bay stakeholder committee means the committee appointed by the environmental flows science advisory committee pursuant to Texas Water Code §11.02362(c).(4) Basin and bay expert science teams means the teams established under Texas Water Code §11.02362.(5) Eligible applicants means members of the environmental flows science advisory committee, members of the basin and bay expert science teams, including political subdivisions designated as representatives of basin and bay area stakeholders committees pursuant to Texas Water Code §11.02362, and cooperating state and federal agencies, universities and private persons who provide technical assistance for the works of the environmental flows committees and teams. Source Note: The provisions of this §355.110 adopted to be effective February 18, 2008, 33 TexReg 1348. 10 TEXAS WATER DEVELOPMENT BOARD 355 RESEARCH AND PLANNING FUND D ENVIRONMENTAL FLOWS GRANTS §355.110 Scope, Applicability and Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=135151&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 135151 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=135151&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 135151 03/11/2026 (a) The executive administrator shall publish notice, as appropriate, to advise eligible applicants of the availability of funds under this subchapter.(b) The executive administrator shall provide application forms to interested eligible applicants and may request any additional information required after a review of the application.(c) Incomplete applications may be rejected by the executive administrator. Source Note: The provisions of this §355.111 adopted to be effective February 18, 2008, 33 TexReg 1348. 10 TEXAS WATER DEVELOPMENT BOARD 355 RESEARCH AND PLANNING FUND D ENVIRONMENTAL FLOWS GRANTS §355.111 Notice of Eligibility and Applications for Funds https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=135153&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 135153 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=135153&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 135153 03/11/2026 (a) Applications for funding shall be prioritized as follows:(1) compensation for attendance and participation at meetings and for transportation, meals, lodging or other travel expenses associated with attendance at the meetings for:(A) members of the environmental flows science advisory committee; and(B) members of basin and bay expert science teams;(2) all or part of the administrative expenses incurred in conducting meetings for:(A) contracts with political subdivisions which are representatives of basin and bay area stakeholder committees and related basin and bay expert science teams; and(B) contracts with cooperating federal and state agencies, universities, and private persons for technical assistance to the environmental flows science advisory committee and the basin and bay expert science teams.(b) Funding for compensation pursuant to subsection (a)(1) of this section shall not be in excess of amounts allowed under the General Appropriations Act. Source Note: The provisions of this §355.112 adopted to be effective February 18, 2008, 33 TexReg 1348. 10 TEXAS WATER DEVELOPMENT BOARD 355 RESEARCH AND PLANNING FUND D ENVIRONMENTAL FLOWS GRANTS §355.112 Prioritization of Funding https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=135154&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 135154 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=135154&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 135154 03/11/2026 (a) An applicant for funding under this subchapter shall submit his application for funding to the environmental flows advisory group for review, comment and a recommendation for funding.(b) The executive administrator shall evaluate the applications based on the reviews, comments and recommendations received from the group. Source Note: The provisions of this §355.113 adopted to be effective February 18, 2008, 33 TexReg 1348. 10 TEXAS WATER DEVELOPMENT BOARD 355 RESEARCH AND PLANNING FUND D ENVIRONMENTAL FLOWS GRANTS §355.113 Review of Applications for Funding by Environmental Flows Advisory Group https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=135155&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 135155 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=135155&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 135155 03/11/2026 (a) Applications received under §355.112(a)(1) of this title shall provide the following information:(1) name, address, mailing address, telephone number of the applicant;(2) the name of the committee or team of which the person is a member;(3) legible copies of receipts for all expenditures for which reimbursement is requested; and(4) certification that all expenditures were incurred pursuant to the course and scope of the person's membership on the committee or team.(b) Applications received under §355.112(a)(2)(A) of this title shall provide the following information:(1) name, address, mailing address, telephone number of the person who represents the political subdivision on the basin and bay area stakeholders committee;(2) a letter from the chief financial officer or an equivalent person authorizing the person to seek compensation on behalf of the political subdivision;(3) a detailed statement of the types and estimated amounts of administrative expenses for which compensation is requested including the following categories:(A) travel expenses;(B) meeting place and associated fees or rental of the place or necessary audio-visual equipment;(C) staffing for meetings;(D) public notices of meetings;(E) any other expenses reasonably anticipated in conducting meetings of the bay and basin stakeholders committee or the related bay and basin expert science team.(c) Applications for funding received under §355.113(2)(B) of this title relating to technical assistance shall include the following information:(1) name, address, mailing address, telephone number of the person representing the agency, university or private entity seeking funds;(2) a detailed statement of the work for which funding is requested and its relationship to the work of the of the environmental flows science advisory committee and the basin and bay expert science team;(3) comments and recommendations from the environmental flows science advisory committee and the related basin and bay expert science team;(4) expected duration of the work;(5) detailed statement of the deliverables resulting from the work and their usefulness to the committee and science team;(6) the expertise, experience and resources available to the applicant that will ensure the quality of the work; and(7) any other scientific or technical information necessary to explain the work. Source Note: The provisions of this §355.114 adopted to be effective February 18, 2008, 33 TexReg 1348. 10 TEXAS WATER DEVELOPMENT BOARD 355 RESEARCH AND PLANNING FUND D ENVIRONMENTAL FLOWS GRANTS §355.114 Contents of Applications for Funding https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=135152&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 135152 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=135152&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 135152 03/11/2026 (a) The board may approve, disapprove, amend, provide a greater or lesser amount of funds than recommended, request further information or continue consideration of any application for funding under this subchapter. The board shall determine the amount of funds.(b) The board, upon approval of an application, shall authorize the executive administrator to negotiate with and enter into a contract with the eligible applicant. Such contract shall include:(1) all terms and conditions required by state or federal law;(2) the application;(3) the amount of funds provided by the board; and(4) any other terms and conditions agreed to by the board and the eligible applicant that are in accordance with state law. Source Note: The provisions of this §355.115 adopted to be effective February 18, 2008, 33 TexReg 1348. 10 TEXAS WATER DEVELOPMENT BOARD 355 RESEARCH AND PLANNING FUND D ENVIRONMENTAL FLOWS GRANTS §355.115 Board Actions, Funding and Resulting Contracts https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223279&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 223279 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223279&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 223279 03/11/2026 The following words and terms, when used in this chapter, will have the following meanings unless the context clearly indicates otherwise. Words defined in Texas Water Code Chapter 36, Groundwater Conservation Districts, that are not defined here will have the meanings provided in Chapter 36.(1) Affected Person--An owner of land in the management area, a district in or adjacent to the management area, a regional water planning group with a water management strategy in the management area, a person or entity who holds or is applying for a permit from a district in the management area, a person or entity who has groundwater rights in the management area or any other person defined as affected with respect to a management area by Texas Commission on Environmental Quality rule.(2) Agency--The Texas Water Development Board.(3) Amount of groundwater being used on an annual basis--An estimate of the quantity of groundwater annually withdrawn or flowing from wells in an aquifer for at least the most recent five years that information is available. It may include data from Texas Water Development Board historical water use estimates, an estimate of exempt uses, and data collected by the district.(4) Board--The governing body of the Texas Water Development Board.(5) Brackish groundwater--Groundwater containing 1,000 to 9,999 milligrams per liter of total dissolved solids for the purposes of brackish groundwater production zone designations under Texas Water Code §16.060.(6) Brackish groundwater production zone operating permit--A permit issued by a district under Texas Water Code §36.1015.(7) Conjunctive use--The combined use of groundwater and surface water sources that optimizes the beneficial characteristics of each source, such as water banking, aquifer storage and recovery, enhanced recharge, and joint management.(8) Conjunctive surface water management issues--Issues related to conjunctive use such as groundwater or surface water quality degradation and impacts of shifting between surface water and groundwater during shortages.(9) Conservation-- Practices, techniques, and technologies that will reduce the consumption of water, reduce the loss or waste of water, improve the efficiency in the use of water, or increase the recycling and reuse of water so that a water supply is made available for future or alternative uses.(10) Designated brackish groundwater production zone--An aquifer, subdivision of an aquifer, or geologic stratum designated under Texas Water Code §16.060(b)(5).(11) Desired future condition--The desired, quantified condition of groundwater resources (such as water levels, spring flows, or volumes) within a groundwater management area at one or more specified future times as defined by district representatives within a groundwater management area as part of the joint planning process.(12) District--Any district or authority subject to Chapter 36, Texas Water Code.(13) Executive administrator--The executive administrator of the Texas Water Development Board or a designated representative.(14) Groundwater availability model--A regional groundwater flow model provided by the executive administrator.(15) Groundwater management area--An area delineated and designated by the Texas Water Development Board as an area most suitable for management of groundwater resources through regional joint groundwater planning.(16) Major aquifer--An aquifer designated as a major aquifer by the board.(17) Minor aquifer--An aquifer designated as a minor aquifer by the board.(18) Modeled available groundwater--The amount of water that the executive administrator determines may be produced on an average annual basis to achieve a desired future condition.(19) Most efficient use of groundwater--Practices, techniques, and technologies that a district determines will provide the least consumption of groundwater for each type of use balanced with the benefits of using groundwater.(20) Natural resources issues--Issues related to environmental and other concerns that may be affected by a district's groundwater management plan and rules, such as impacts on endangered species, soils, oil and gas production, mining, air and water quality degradation, agriculture, and plant and animal life.(21) Non-relevant aquifer--An aquifer or portion of an aquifer deemed not relevant for joint planning purposes by district representatives within a groundwater management area.(22) Office--State Office of Administrative Hearings.(23) Petition--A document submitted to a district by an affected person appealing the reasonableness of a desired future condition.(24) Projected water demand--The quantity of water needed on an annual basis according to the state water plan for the state water plan planning period.(25) Recharge enhancement--Increased recharge accomplished by the modification of the land surface, streams, or lakes to increase seepage or infiltration rates or by the direct injection of water into the subsurface through wells.(26) Relevant aquifer--An aquifer designated as a major or minor aquifer, or any undesignated aquifer deemed relevant for joint planning by district representatives within a groundwater management area.(27) State water plan--The most recent state water plan adopted by the board under Texas Water Code §16.051 (relating to State Water Plan).(28) Surface water management entities--Political subdivisions as defined by Texas Water Code Chapter 15 and identified from Texas Commission on Environmental Quality records that are granted authority under Texas Water Code Chapter 11 to store, take, divert, or supply surface water either directly or by contract for use within the boundaries of a district, including but not limited to river authorities or irrigation authorities.(29) Total estimated recoverable storage--The estimated amount of groundwater within an aquifer that accounts for recovery scenarios that range between 25% and 75% of the porosity-adjusted aquifer volume. Source Note: The provisions of this §356.10 adopted to be effective December 31, 2012, 37 TexReg 10238; amended to be effective November 26, 2014, 39 TexReg 9209; amended to be effective June 23, 2016, 41 TexReg 4491; amended to be effective February 11, 2021, 46 TexReg 931; amended to be effective January 6, 2025, 50 TexReg 180. 10 TEXAS WATER DEVELOPMENT BOARD 356 GROUNDWATER MANAGEMENT A DEFINITIONS §356.10 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223280&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 223280 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223280&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 223280 03/11/2026 This subchapter describes the agency's delineation and designation of groundwater management areas pursuant to the requirements of Texas Water Code §35.004. Source Note: The provisions of this §356.20 adopted to be effective December 31, 2012, 37 TexReg 10238; amended to be effective January 6, 2025, 50 TexReg 180. 10 TEXAS WATER DEVELOPMENT BOARD 356 GROUNDWATER MANAGEMENT B DESIGNATION OF GROUNDWATER MANAGEMENT AREAS §356.20 Scope of Subchapter https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178568&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178568 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178568&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178568 03/11/2026 The boundaries of the groundwater management areas are delineated using a geographic information system maintained and updated by the executive administrator. The digital files and a graphic representation of the groundwater management area boundaries are available on the agency's web site at http://www.twdb.texas.gov. The graphic representation includes groundwater management area boundaries superimposed on a map that includes Texas county lines and may be used for creating graphic representations of the groundwater management area boundaries and other associated geographic features. These files are controlling in the event of a conflict with any graphic representation. Source Note: The provisions of this §356.21 adopted to be effective December 31, 2012, 37 TexReg 10238; amended to be effective June 23, 2016, 41 TexReg 4491. 10 TEXAS WATER DEVELOPMENT BOARD 356 GROUNDWATER MANAGEMENT B DESIGNATION OF GROUNDWATER MANAGEMENT AREAS §356.21 Designation of Groundwater Management Areas https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223281&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 223281 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223281&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 223281 03/11/2026 (a) A request to amend the boundaries of a groundwater management area must be made in writing to the executive administrator and must contain the following:(1) a resolution supporting the change signed by each of the district representatives in each affected groundwater management area;(2) a demonstration that the geographic and hydrogeologic conditions require the proposed boundary change or an explanation that the change involves only an administrative correction; and(3) a copy of the notice and minutes of the public meeting held by the districts in each affected groundwater management area at which the districts approved the resolution in paragraph (1) of this subsection.(b) The executive administrator will review the request and will notify the districts of his decision.(1) If the proposed change involves only an administrative adjustment or correction to the boundary data files identified in §356.21 of this subchapter (relating to Designation of Groundwater Management Areas), the executive administrator will instruct agency staff to make the change and notify the districts upon completing the change.(2) If the proposed change involves a substantive change to the boundaries of one or more groundwater management areas, the request will be presented to the board for authorization.(c) The executive administrator may, in his discretion, make administrative corrections to the data files described in §356.21 of this subchapter. The executive administrator will notify the affected districts before making any correction.(d) The executive administrator may, in his discretion, waive any of the requirements of this subchapter upon a showing of good cause. Source Note: The provisions of this §356.22 adopted to be effective December 31, 2012, 37 TexReg 10238; amended to be effective June 23, 2016, 41 TexReg 4491; amended to be effective January 6, 2025, 50 TexReg 180. 10 TEXAS WATER DEVELOPMENT BOARD 356 GROUNDWATER MANAGEMENT B DESIGNATION OF GROUNDWATER MANAGEMENT AREAS §356.22 Request to Amend Groundwater Management Area Boundaries https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160131&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 160131 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160131&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 160131 03/11/2026 This subchapter identifies the agency's requirements and process for submitting desired future conditions under the requirement of Texas Water Code §36.108. Source Note: The provisions of this §356.30 adopted to be effective December 31, 2012, 37 TexReg 10238. 10 TEXAS WATER DEVELOPMENT BOARD 356 GROUNDWATER MANAGEMENT C SUBMISSION OF DESIRED FUTURE CONDITIONS §356.30 Scope of Subchapter https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223282&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 223282 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223282&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 223282 03/11/2026 (a) The desired future conditions for the relevant aquifers within the groundwater management area must be approved by a resolution adopted by a two-thirds vote of all the district representatives in a groundwater management area not later than January 5, 2027, in accordance with Texas Water Code §36.108. Subsequent desired future conditions must be proposed and finally adopted by the district representatives before the end of each successive five-year period after that date.(b) A designated representative of the groundwater management area must provide complete copies of all documents required under §356.32 of this subchapter (relating to Desired Future Condition Package) to the executive administrator no later than 60 days following the date on which the district representatives within the groundwater management area adopted desired future conditions.(c) The district representatives in a groundwater management area may, as part of the process for adopting and submitting desired future conditions, propose classification of a relevant aquifer or portions of a relevant aquifer as non-relevant if the districts determine that aquifer characteristics, projected groundwater demands, and current groundwater uses do not warrant adoption of a desired future condition. Non-relevant aquifers do not require a desired future condition. The districts must submit the following documentation for non-relevant aquifers to the agency as part of the desired future condition package:(1) A description, location, and/or map of the aquifer or portion of the aquifer;(2) A summary of aquifer characteristics, projected groundwater demands, and current groundwater uses, including the total estimated recoverable storage as provided by the executive administrator, that support the conclusion that desired future conditions in adjacent or hydraulically connected relevant aquifer(s) will not be affected; and(3) An explanation of why the aquifer or portion of the aquifer is non-relevant for joint planning purposes. Source Note: The provisions of this §356.31 adopted to be effective December 31, 2012, 37 TexReg 10238; amended to be effective April 11, 2018, 43 TexReg 2157; amended to be effective January 6, 2025, 50 TexReg 180. 10 TEXAS WATER DEVELOPMENT BOARD 356 GROUNDWATER MANAGEMENT C SUBMISSION OF DESIRED FUTURE CONDITIONS §356.31 Desired Future Condition Package Submission Date https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223283&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 223283 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223283&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 223283 03/11/2026 A designated representative of the groundwater management area must provide the following to the executive administrator no later than 60 days following the date on which the district representatives in the groundwater management area adopted the desired future condition(s):(1) a copy of the desired future conditions explanatory report addressing the information required by Texas Water Code §36.108(d-3) and the criteria in Texas Water Code §36.108(d);(2) non-relevant aquifer documentation required by §356.31(c) of this subchapter (relating to Desired Future Condition Package Submission Date);(3) a copy of the resolution of the groundwater management area adopting the desired future conditions as required by Texas Water Code §36.108(d-3);(4) a copy of the notice that was posted for the joint planning meeting at which the districts collectively adopted the desired future condition(s) as required by Texas Water Code §36.108(e) and §36.108(e-2);(5) the name of a designated representative of the groundwater management area;(6) any groundwater availability model files or aquifer assessments acceptable to the executive administrator used in developing the adopted desired future condition with documentation sufficient to replicate the work; and(7) any other information the executive administrator may require to be able to estimate the modeled available groundwater. Source Note: The provisions of this §356.32 adopted to be effective December 31, 2012, 37 TexReg 10238; amended to be effective January 6, 2025, 50 TexReg 180. 10 TEXAS WATER DEVELOPMENT BOARD 356 GROUNDWATER MANAGEMENT C SUBMISSION OF DESIRED FUTURE CONDITIONS §356.32 Desired Future Condition Package https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223284&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 223284 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223284&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 223284 03/11/2026 A submitted package will be considered administratively complete if it contains complete copies of all documents required under §356.32 of this subchapter (relating to Desired Future Condition Package) and is signed and dated by the designated representative of the groundwater management area.(1) The executive administrator will acknowledge in writing receipt of submitted packages and will review for administrative completeness. The agency may request clarifications while reviewing the package for administrative completeness. If the submitted package is administratively complete, the executive administrator will notify the district representatives within the groundwater management area in writing. If requests for clarification are not acknowledged or addressed in a reasonable amount of time, the executive administrator will provide a notice of deficiencies.(2) The designated representative of the groundwater management area must submit to the executive administrator an updated package that contains corrections to the deficiencies noted in paragraph (1) of this section no later than 90 days following the date on which the executive administrator provided a notice of deficiencies. Source Note: The provisions of this §356.33 adopted to be effective December 31, 2012, 37 TexReg 10238; amended to be effective January 6, 2025, 50 TexReg 180. 10 TEXAS WATER DEVELOPMENT BOARD 356 GROUNDWATER MANAGEMENT C SUBMISSION OF DESIRED FUTURE CONDITIONS §356.33 Determination of Administrative Completeness https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223285&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 223285 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223285&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 223285 03/11/2026 Each district must adopt the desired future condition for the aquifer(s) within its boundaries as soon as possible after the executive administrator advises that the desired future condition package submitted pursuant to §356.32 of this subchapter (relating to Desired Future Condition Package) is administratively complete. Source Note: The provisions of this §356.34 adopted to be effective December 31, 2012, 37 TexReg 10238; amended to be effective June 23, 2016, 41 TexReg 4491; amended to be effective January 6, 2025, 50 TexReg 180. 10 TEXAS WATER DEVELOPMENT BOARD 356 GROUNDWATER MANAGEMENT C SUBMISSION OF DESIRED FUTURE CONDITIONS §356.34 District Adoption of the Desired Future Condition https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223286&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 223286 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223286&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 223286 03/11/2026 The executive administrator will provide the modeled available groundwater value for each relevant aquifer with a desired future condition to districts in a groundwater management area and the appropriate regional water planning groups no later than 180 days after the executive administrator has provided notice that the submitted desired future condition package is administratively complete as described in §356.33 of this subchapter (relating to Determination of Administrative Completeness). Source Note: The provisions of this §356.35 adopted to be effective December 31, 2012, 37 TexReg 10238; amended to be effective June 23, 2016, 41 TexReg 4491; amended to be effective January 6, 2025, 50 TexReg 180. 10 TEXAS WATER DEVELOPMENT BOARD 356 GROUNDWATER MANAGEMENT C SUBMISSION OF DESIRED FUTURE CONDITIONS §356.35 Modeled Available Groundwater https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160137&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 160137 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160137&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 160137 03/11/2026 This subchapter describes the process related to an appeal challenging the adoption of desired future conditions established by Texas Water Code §36.1083. Source Note: The provisions of this §356.40 adopted to be effective December 31, 2012, 37 TexReg 10238. 10 TEXAS WATER DEVELOPMENT BOARD 356 GROUNDWATER MANAGEMENT D APPEALING ADOPTION OF DESIRED FUTURE CONDITIONS §356.40 Scope of Subchapter https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178572&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178572 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178572&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178572 03/11/2026 (a) The agency will perform an administrative review of the desired future condition adopted by the district under Texas Water Code §36.108(d-4) to determine if the desired future condition meets the criteria in Texas Water Code §36.108(d) when a petition received by a district is submitted to the executive administrator in accordance with Texas Water Code §36.1083(e).(b) The agency will complete and deliver to the Office a scientific and technical analysis of the desired future condition considering the criteria listed in Texas Water Code §36.1083(e)(2) within 120 days after receiving a copy of the petition from the district. The scientific and technical analysis of the desired future condition will be conducted according to the guidance published on the agency website. Source Note: The provisions of this §356.41 adopted to be effective June 23, 2016, 41 TexReg 4491. 10 TEXAS WATER DEVELOPMENT BOARD 356 GROUNDWATER MANAGEMENT D APPEALING ADOPTION OF DESIRED FUTURE CONDITIONS §356.41 Petition: Required Administrative Review and Scientific and Technical Study https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178573&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178573 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178573&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178573 03/11/2026 (a) In accordance with Texas Water Code §36.1083(j), a district may seek assistance of the agency in mediating the issues raised in the petition.(b) If the agency's assistance is sought by the district, the executive administrator or his designee shall hold at least one meeting with the district and the affected person and shall establish procedures to mediate the issues raised in the petition.(c) Depending on the details and technical complexity of issues in the petition, the executive administrator may direct agency staff to mediate the issues raised in the petition or contract with an independent mediator.(d) The executive administrator will notify the Office if the petition issues are resolved or not resolved as a result of mediation. Source Note: The provisions of this §356.42 adopted to be effective June 23, 2016, 41 TexReg 4491. 10 TEXAS WATER DEVELOPMENT BOARD 356 GROUNDWATER MANAGEMENT D APPEALING ADOPTION OF DESIRED FUTURE CONDITIONS §356.42 Petition: Mediation of Issues https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160144&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 160144 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160144&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 160144 03/11/2026 This subchapter governs the agency's procedures for reviewing and approving management plans as administratively complete. Source Note: The provisions of this §356.50 adopted to be effective December 31, 2012, 37 TexReg 10238. 10 TEXAS WATER DEVELOPMENT BOARD 356 GROUNDWATER MANAGEMENT E GROUNDWATER MANAGEMENT PLAN APPROVAL §356.50 Scope of Subchapter https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223287&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 223287 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223287&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 223287 03/11/2026 In accordance with Texas Water Code §§36.1071 (including coordination with surface water management entities on a regional basis), 36.1072, and 36.1085, a district must develop and submit to the executive administrator a management plan that meets the requirements of §356.52 of this subchapter (relating to Required Content of Management Plan). Source Note: The provisions of this §356.51 adopted to be effective December 31, 2012, 37 TexReg 10238; amended to be effective January 6, 2025, 50 TexReg 180. 10 TEXAS WATER DEVELOPMENT BOARD 356 GROUNDWATER MANAGEMENT E GROUNDWATER MANAGEMENT PLAN APPROVAL §356.51 Required Management Plan https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223290&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 223290 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223290&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 223290 03/11/2026 (a) A management plan must contain, unless explained in detail as not applicable, the following elements:(1) Management goals:(A) providing the most efficient use of groundwater;(B) controlling and preventing waste of groundwater;(C) controlling and preventing subsidence;(D) addressing conjunctive surface water management issues;(E) addressing natural resource issues which impact the use and availability of groundwater, and which are impacted by the use of groundwater;(F) addressing drought conditions;(G) addressing conservation, recharge enhancement, rainwater harvesting, precipitation enhancement and brush control, where appropriate and cost-effective; and(H) addressing the desired future conditions adopted by the district under Texas Water Code §36.108;(2) Management objective(s) for each management goal. Management objectives are specific, measurable, and time-based statements of future outcomes that the district will use to achieve each management goal in paragraph (1) of this subsection. Each future outcome must be the result of actions that can be taken by the district during the five years following the effective date of the adopted management plan;(3) Performance standard(s) for each management objective. Performance standards are indicators or measures used to evaluate the effectiveness and efficiency of district activities. Evaluation of the effectiveness of district activities measures the performance of the district. Evaluation of the efficiency of district activities measures how well district resources are used to produce an output, such as the amount of resources devoted for each management action;(4) Details of how the district will manage groundwater supplies in the district, including a methodology by which the district will track its progress in achieving its management goals. At least one goal must be tracked on an annual basis; however, other goals may be defined and tracked over a longer time period as appropriate;(5) The actions, procedures, performance, and avoidance that are or may be necessary by the district to effect the plan, including specifications and proposed rules;(6) Estimates of the following:(A) modeled available groundwater in the district as provided by the executive administrator based on the desired future condition established under Texas Water Code §36.108;(B) the amount of groundwater being used within the district on an annual basis taken from either the water use survey data provided by the executive administrator or the district's own estimate;(C) the annual amount of recharge from precipitation, if any, to each aquifer within the district, as provided by the executive administrator;(D) the annual volume of water that discharges from each aquifer within the district to springs and any surface water bodies, including lakes, streams, and rivers, as provided by the executive administrator;(E) the annual volume of flow into and out of the district within each aquifer and between aquifers in the district, as provided by the executive administrator;(F) the projected surface water supply in the district according to the most recently adopted state water plan; and(G) the projected water demand for water in the district according to the most recently adopted state water plan; and(7) Details of the district's consideration of:(A) Water supply needs within the district according to the most recently adopted state water plan, emphasizing those needs that impact groundwater supply within the district; and(B) Water management strategies sourced from within the district boundaries according to the most recently adopted state water plan, emphasizing strategies that are or will be impacted by district actions.(b) The management goals, management objectives, and performance standards required in subsection (a)(1), (2), and (3) of this section must be consistent with the established desired future conditions of the district's groundwater management area(s).(c) Estimates required in subsection (a)(5) of this section must be developed with groundwater availability modeling information provided by the executive administrator in conjunction with the district's best available site-specific information and data. Source Note: The provisions of this §356.52 adopted to be effective December 31, 2012, 37 TexReg 10238; amended to be effective January 6, 2025, 50 TexReg 180. 10 TEXAS WATER DEVELOPMENT BOARD 356 GROUNDWATER MANAGEMENT E GROUNDWATER MANAGEMENT PLAN APPROVAL §356.52 Required Content of Management Plan https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223288&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 223288 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223288&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 223288 03/11/2026 (a) A district requesting approval of its management plan, or of an amended management plan to incorporate adopted desired future conditions, or any other updates as necessary, will submit to the executive administrator the following:(1) one electronic copy of the adopted management plan; and(2) documentation that the plan was adopted after notice posted in accordance with Texas Government Code Chapter 551, including a copy of the posted agenda, meeting minutes, and copies of the notice either posted on the district's website or provided to the county clerk.(b) The plan or revised plan under §356.54 of this subchapter (relating to Approval) will be considered properly submitted to the executive administrator when all of the items specified in subsection (a) of this section are received by the executive administrator. Source Note: The provisions of this §356.53 adopted to be effective December 31, 2012, 37 TexReg 10238; amended to be effective June 23, 2016, 41 TexReg 4491; amended to be effective January 6, 2025, 50 TexReg 180. 10 TEXAS WATER DEVELOPMENT BOARD 356 GROUNDWATER MANAGEMENT E GROUNDWATER MANAGEMENT PLAN APPROVAL §356.53 Plan Submission https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223289&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 223289 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223289&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 223289 03/11/2026 (a) The executive administrator will approve a plan as administratively complete when it contains the information required by Texas Water Code §36.1071(a) and (e). The executive administrator will notify the district in writing of the determination.(b) If approval is denied, the executive administrator will provide written reasons for the denial with the notice of denial. A district has 180 days from receipt of notice to submit a revised management plan for review and approval. A revised [or amended] management plan must comply with all requirements of this subchapter.(c) An approved management plan remains in effect until:(1) the district fails to readopt a management plan at least 90 days before the plan expires;(2) the district fails to submit the district's readopted management plan to the executive administrator at least 60 days before the plan expires; or(3) the executive administrator determines that the readopted management plan does not meet the requirements for approval and the district has exhausted all appeals to the board or court in accordance with Texas Water Code §36.1072(f). Source Note: The provisions of this §356.54 adopted to be effective December 31, 2012, 37 TexReg 10238; amended to be effective January 6, 2025, 50 TexReg 180. 10 TEXAS WATER DEVELOPMENT BOARD 356 GROUNDWATER MANAGEMENT E GROUNDWATER MANAGEMENT PLAN APPROVAL §356.54 Approval https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223291&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 223291 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223291&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 223291 03/11/2026 (a) If the executive administrator denies approval of a management plan, a revised management plan, or an amendment to a management plan, the district may appeal the denial by notifying the executive administrator in writing of its intent to appeal, not later than 60 days after the executive administrator's written notice of denial.(1) Not later than 30 days after filing its notice of intent to appeal, a district will submit to the executive administrator in writing points of appeal addressing each of the executive administrator's reasons for denial of approval.(2) The appeal must be heard at the first regularly scheduled meeting of the board to occur after the expiration of 30 days from the receipt of the district's written points of appeal. Written notice of appeal and written points of appeal will be considered to be received by the executive administrator when received in the Austin offices of the agency.(3) The executive administrator may file a written response to the district's points of appeal with the board and must provide a copy of the response to the district.(b) If the board upholds the executive administrator's decision to deny approval of the management plan, the district may request that the matter be mediated or, failing mediation, may appeal to a district court in Travis County, in accordance with Texas Water Code §36.1072(f). Source Note: The provisions of this §356.55 adopted to be effective December 31, 2012, 37 TexReg 10238; amended to be effective January 6, 2025, 50 TexReg 180. 10 TEXAS WATER DEVELOPMENT BOARD 356 GROUNDWATER MANAGEMENT E GROUNDWATER MANAGEMENT PLAN APPROVAL §356.55 Appeal of Denial of Management Plan Approval https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223292&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 223292 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223292&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 223292 03/11/2026 (a) Amendments to a plan that substantially affect the management plan require approval by the executive administrator and must be submitted in accordance with §356.53 of this subchapter (relating to Plan Submission). Substantial amendments include updating estimates of modeled available groundwater, revising the desired future conditions goal, or any changes to elements required by Texas Water Code §36.1071. A plan must be updated no later than two years after the adoption of desired future conditions by the district representatives within the groundwater management area(s).(b) If the district proposes to amend its plan for revisions of items not required by Texas Water Code §36.1071 or that do not substantially affect the plan, the district must submit a written copy of the proposed amendment to the executive administrator so that the executive administrator may determine whether the amendment requires approval.(c) If the executive administrator determines that a proposed amendment substantially affects the plan and requires approval, the district must submit all amendments to the management plan developed under §356.52 of this subchapter (relating to Required Content of Management Plan) to the executive administrator within 60 days of adoption of the amendment by the district's board.(d) All management plan amendments or proposed amendments must be submitted in writing to the executive administrator and include a cover letter noting the amendments made or proposed amendments to the plan. Source Note: The provisions of this §356.56 adopted to be effective December 31, 2012, 37 TexReg 10238; amended to be effective January 6, 2025, 50 TexReg 180. 10 TEXAS WATER DEVELOPMENT BOARD 356 GROUNDWATER MANAGEMENT E GROUNDWATER MANAGEMENT PLAN APPROVAL §356.56 Approval of Management Plan Amendments https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223293&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 223293 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223293&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 223293 03/11/2026 Each district must forward a copy of its approved management plan to the chair of each regional water planning group within the district's boundaries. Source Note: The provisions of this §356.57 adopted to be effective December 31, 2012, 37 TexReg 10238; amended to be effective January 6, 2025, 50 TexReg 180. 10 TEXAS WATER DEVELOPMENT BOARD 356 GROUNDWATER MANAGEMENT E GROUNDWATER MANAGEMENT PLAN APPROVAL §356.57 Sharing with Regional Water Planning Groups https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160152&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 160152 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160152&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 160152 03/11/2026 This subchapter discusses data collection training and reporting by districts. Source Note: The provisions of this §356.60 adopted to be effective December 31, 2012, 37 TexReg 10238. 10 TEXAS WATER DEVELOPMENT BOARD 356 GROUNDWATER MANAGEMENT F DATA COLLECTION AND TRAINING §356.60 Scope of Subchapter https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160153&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 160153 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160153&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 160153 03/11/2026 If requested by a district in writing to the executive administrator, the agency shall provide the district training on basic data collection methodology and reporting and provide technical assistance, including basic data collection and reporting methodology. Source Note: The provisions of this §356.61 adopted to be effective December 31, 2012, 37 TexReg 10238. 10 TEXAS WATER DEVELOPMENT BOARD 356 GROUNDWATER MANAGEMENT F DATA COLLECTION AND TRAINING §356.61 Training on Data Collection Methodology https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160154&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 160154 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160154&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 160154 03/11/2026 Upon written request of the executive administrator, a district shall provide any data collected by the district to the executive administrator in a format acceptable to the executive administrator. The executive administrator shall provide to the districts a list of acceptable formats for reporting by the districts. Source Note: The provisions of this §356.62 adopted to be effective December 31, 2012, 37 TexReg 10238. 10 TEXAS WATER DEVELOPMENT BOARD 356 GROUNDWATER MANAGEMENT F DATA COLLECTION AND TRAINING §356.62 Data Collected by the District https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223296&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 223296 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223296&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 223296 03/11/2026 (a) The agency will identify and designate local or regional brackish groundwater production zones in areas of the state with moderate to high availability and productivity of brackish groundwater that can be used to reduce the use of fresh groundwater and that: (1) are separated by hydrogeologic barriers sufficient to prevent significant impacts to water availability or water quality in any area of the same or other aquifers, subdivisions of aquifers, or geologic strata that have an average total dissolved solids level of 1,000 milligrams per liter or less at the time of designation of the zones; and (2) are not located in: (A) an area of the Edwards Aquifer subject to the jurisdiction of the Edwards Aquifer Authority; (B) the boundaries of the: (i) Barton Springs-Edwards Aquifer Conservation District; (ii) Harris-Galveston Subsidence District; or (iii) Fort Bend Subsidence District; (C) an aquifer, subdivision of an aquifer, or geologic stratum that: (i) has an average total dissolved solids level of more than 1,000 milligrams per liter; and (ii) is serving as a significant source of water supply for municipal, domestic, or agricultural purposes at the time of designation of the zones; or (D) an area of a geologic stratum that is designated or used for wastewater injection through the use of injection wells or disposal wells permitted under Texas Water Code Chapter 27. (b) In designating a brackish groundwater production zone under this section, the agency will: (1) determine the amount of brackish groundwater that the zone is capable of producing over a 30-year period and a 50-year period without causing a significant impact to water availability or water quality as described by subsection (a)(1) of this section; (2) include in the designation description: (A) the amounts of brackish groundwater that the zone is capable of producing during the periods described by paragraph (1) of this subsection; and (B) recommendations regarding reasonable monitoring to observe the effects of brackish groundwater production within the zone; and (3) work with districts and stakeholders and consider the most recently updated Brackish Groundwater Manual for Texas Regional Water Planning Groups and other relevant scientific data or findings. (c) Areas of the state that are not designated as brackish groundwater production zones are not precluded from development of brackish groundwater or from future designation of zones. (d) The agency may amend a designated brackish groundwater production zone upon its own initiative or upon request by a district. A request for an amendment from a district must be made in writing and include justification and documentation supporting the requested amendment. (e) The Agency will provide notice of the intent to amend a designated brackish groundwater production zone with proposed changes to any district within the applicable brackish groundwater production zone and to the district(s) and any entity that requested the amendment through a district. Source Note: The provisions of this §356.70 adopted to be effective February 11, 2021, 46 TexReg 931; amended to be effective January 6, 2025, 50 TexReg 180 10 TEXAS WATER DEVELOPMENT BOARD 356 GROUNDWATER MANAGEMENT G BRACKISH GROUNDWATER PRODUCTION ZONES §356.70 Brackish Groundwater Production Zone Designation https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223294&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 223294 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223294&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 223294 03/11/2026 (a) This section does not apply to a district that overlies the Dockum Aquifer and includes wholly or partly 10 or more counties. (b) When a district submits an application for a brackish groundwater production zone operating permit to the agency, the agency will conduct a technical review of the application, subject to subsections (c) and (d) of this section. (c) Upon receipt of such an application, the agency will assess the application to determine whether a proposed production well is located within a designated brackish groundwater production zone. If a proposed production well is not located within a designated brackish groundwater production zone, the agency will not conduct the technical review of the application. If a proposed production well is located within a designated brackish groundwater production zone, the agency will conduct the technical review of the applicable permit application or applicable portions of a permit application in accordance with subsections (d) - (f) of this section. (d) Upon receipt of an application for a brackish groundwater production zone operating permit for a proposed production well located within a designated brackish groundwater production zone and that includes all of the information required by Texas Water Code §36.1015(g), the agency will conduct a technical review of the application. If the agency does not receive all of the information required by Texas Water Code §36.1015(g), the agency will notify the district of the missing information. The agency will not conduct a technical review of an incomplete application until all required information is received. (e) After conducting the application assessment and required technical review of a complete application, the agency will provide a report of the technical review of the application to the district that submitted the application that includes: (1) findings regarding the compatibility of the proposed well field design with the designated brackish groundwater production zone, including: (A) whether the proposed production exceeds the amount of brackish groundwater that the zone is capable of producing over a 30-year period and a 50-year period, as determined pursuant to Texas Water Code §16.060(e) and in addition to the amount of modeled available groundwater provided under Texas Water Code §36.108; and (B) whether the parameters and assumptions used in the model described in Texas Water Code §36.1015(g)(4)(A) are compatible with the designated brackish groundwater production zone; (2) recommendations for the monitoring system required by Texas Water Code §36.1015(e)(4) and (6), including whether the number of monitoring wells are adequate and in appropriate locations and aquifers, in accordance with recommendations established under Texas Water Code §16.060(e)(2)(B);(3) verification the district rules require monitoring of land elevations for a project located in a designated brackish groundwater production zone in the Gulf Coast Aquifer, as required by Texas Water Code §36.1015(e)(5). (f) The findings and recommendations included in subsection (e) of this section only be site-specific if the agency has received site-specific data and information from the district. Source Note: The provisions of this §356.71 adopted to be effective February 11, 2021, 46 TexReg 931; amended to be effective January 6, 2025, 50 TexReg 180 10 TEXAS WATER DEVELOPMENT BOARD 356 GROUNDWATER MANAGEMENT G BRACKISH GROUNDWATER PRODUCTION ZONES §356.71 Brackish Groundwater Production Zone Operating Permit Review https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223295&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 223295 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223295&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 223295 03/11/2026 (a) When a district has received an annual report required under Texas Water Code §36.1015(e)(6) and reviewed the report for any missing information, the district will submit the report to the agency and request a review, under Texas Water Code §36.1015(j). The agency will investigate and issue a technical report to the district that sent the request, subject to subsection (b) of this section.(b) of this section. (b) Upon receipt of a request, the agency will determine whether it has received the applicable annual report and all of the information required under Texas Water Code §36.1015(e)(6), and for a project located in a designated brackish groundwater production zone in the Gulf Coast Aquifer, the information required to be collected under Texas Water Code §36.1015(e)(5) related to subsidence. If the agency has not received all of the information required under Texas Water Code §36.1015(e)(6) or §36.1016(e)(5), as applicable, the agency will notify the district of the missing information and will not conduct a technical review of the reports until all required information is received. (c) Not later than the 120th day after the date the agency receives all of the required information, the agency will investigate and issue a technical report on whether: (1) brackish groundwater production from the designated brackish groundwater production zone under the project that is the subject of the report is projected to cause: (A) significant aquifer level declines in the same or an adjacent aquifer, subdivision of an aquifer, or geologic stratum that were not anticipated by the agency in the designation of the zone; (B) negative effects on quality of water in an aquifer, subdivision of an aquifer, or geologic stratum; or (C) for a project located in a designated brackish groundwater production zone in the Gulf Coast Aquifer, subsidence during the permit term; or (2) enough information is available to determine if brackish groundwater production from the designated brackish groundwater production zone under the project that is the subject of the report is projected to cause the conditions listed in paragraph 1 of this subsection. Source Note: The provisions of this §356.72 adopted to be effective February 11, 2021, 46 TexReg 931; amended to be effective January 6, 2025, 50 TexReg 180 10 TEXAS WATER DEVELOPMENT BOARD 356 GROUNDWATER MANAGEMENT G BRACKISH GROUNDWATER PRODUCTION ZONES §356.72 Annual Report Review https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208730&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 208730 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208730&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 208730 03/11/2026 The following words, used in this chapter, have the following meanings.(1) Agricultural Water Conservation--Defined in §363.1302 of this title (relating to Definition of Terms).(2) Alternative Water Management Strategy--A fully evaluated Water Management Strategy that may be substituted into a Regional Water Plan in the event that a recommended Water Management Strategy is no longer recommended.(3) Availability--Maximum amount of raw water that could be produced by a source during a repeat of the Drought of Record, regardless of whether the supply is physically connected to or legally accessible by Water User Groups.(4) Board--The Texas Water Development Board.(5) Collective Reporting Unit--A grouping of utilities located in the Regional Water Planning Area. Utilities within a Collective Reporting Unit must have a logical relationship, such as being served by common Wholesale Water Providers, having common sources, or other appropriate associations.(6) Commission--The Texas Commission on Environmental Quality.(7) County-Other--An aggregation of utilities and individual water users within a county and not included in paragraph (43)(A) - (D) of this section.(8) Drought Contingency Plan--A plan required from wholesale and retail public water suppliers and irrigation districts pursuant to Texas Water Code §11.1272 (relating to Drought Contingency Plans for Certain Applicants and Water Right Holders). The plan may consist of one or more strategies for temporary supply and demand management and demand management responses to temporary and potentially recurring water supply shortages and other water supply emergencies as required by the Commission.(9) Drought Management Measures--Demand management activities to be implemented during drought that may be evaluated and included as Water Management Strategies.(10) Drought Management Water Management Strategy--A drought management measure or measures evaluated and/or recommended in a State or Regional Water Plan that quantifies temporary reductions in demand during drought conditions.(11) Drought of Record--The period of time when historical records indicate that natural hydrological conditions would have provided the least amount of water supply.(12) Executive Administrator (EA)--The Executive Administrator of the Board or a designated representative.(13) Existing Water Supply--Maximum amount of water that is physically and legally accessible from existing sources for immediate use by a Water User Group under a repeat of Drought of Record conditions.(14) Firm Yield--Maximum water volume a reservoir can provide each year under a repeat of the Drought of Record using anticipated sedimentation rates and assuming that all senior water rights will be totally utilized and all applicable permit conditions met.(15) Interbasin Transfer of Surface Water--Defined and governed in Texas Water Code §11.085 (relating to Interbasin Transfers) as the diverting of any state water from a river basin and transfer of that water to any other river basin.(16) Interregional Conflict--An interregional conflict exists when:(A) more than one Regional Water Plan includes the same source of water supply for identified and quantified recommended Water Management Strategies and there is insufficient water available to implement such Water Management Strategies; or(B) in the instance of a recommended Water Management Strategy proposed to be supplied from a different Regional Water Planning Area, the Regional Water Planning Group with the location of the strategy has studied the impacts of the recommended Water Management Strategy on its economic, agricultural, and natural resources, and demonstrates to the Board that there is a potential for a substantial adverse effect on the region as a result of those impacts.(17) Intraregional Conflict--A conflict between two or more identified, quantified, and recommended Water Management Strategies in the same Initially Prepared Plan that rely upon the same water source, so that there is not sufficient water available to fully implement all Water Management Strategies and thereby creating an over-allocation of that source.(18) Initially Prepared Plan (IPP)--Draft Regional Water Plan that is presented at a public hearing in accordance with §357.21(h) of this title (relating to Notice and Public Participation) and submitted for Board review and comment.(19) Major Water Provider (MWP)--A Water User Group or a Wholesale Water Provider of particular significance to the region's water supply as determined by the Regional Water Planning Group. This may include public or private entities that provide water for any water use category.(20) Modeled Available Groundwater (MAG) Peak Factor--A percentage (e.g., greater than 100 percent) that is applied to a modeled available groundwater value reflecting the annual groundwater availability that, for planning purposes, shall be considered temporarily available for pumping consistent with desired future conditions. The approval of a MAG Peak Factor is not intended as a limit to permits or as guaranteed approval or pre-approval of any future permit application.(21) Planning Decades--Temporal snapshots of conditions anticipated to occur and presented at even intervals over the planning horizon used to present simultaneous demands, supplies, needs, and strategy volume data. A Water Management Strategy that is shown as providing a supply in the 2040 decade, for example, is assumed to come online in or prior to the year 2040.(22) Political Subdivision--City, county, district, or authority created under the Texas Constitution, Article III, §52, or Article XVI, §59, any other Political Subdivision of the state, any interstate compact commission to which the state is a party, and any nonprofit water supply corporation created and operating under Texas Water Code Chapter 67 (relating to Nonprofit Water Supply or Sewer Service Corporations).(23) Regional Water Plan (RWP)--The plan adopted or amended by a Regional Water Planning Group pursuant to Texas Water Code §16.053 (relating to Regional Water Plans) and this chapter.(24) Regional Water Planning Area (RWPA)--Area designated pursuant to Texas Water Code §16.053.(25) Regional Water Planning Gallons Per Capita Per Day--For Regional Water Planning purposes, Gallons Per Capita Per Day is the annual volume of water pumped, diverted, or purchased minus the volume exported (sold) to other water systems or large industrial facilities divided by 365 and divided by the permanent resident population of the Municipal Water User Group in the regional water planning process. Coastal saline and reused/recycled water is not included in this volume.(26) Regional Water Planning Group (RWPG)--Group designated pursuant to Texas Water Code §16.053.(27) RWPG-Estimated Groundwater Availability--The groundwater Availability used for planning purposes as determined by RWPGs to which §357.32(d)(2) of this title (relating to Water Supply Analysis) is applicable or where no desired future condition has been adopted.(28) Retail Public Utility--Defined in Texas Water Code §13.002 (relating to Water Rates and Services) as "any person, corporation, public utility, water supply or sewer service corporation, municipality, Political Subdivision or agency operating, maintaining, or controlling in this state facilities for providing potable water service or sewer service, or both, for compensation."(29) Reuse--Defined in §363.1302 of this title (relating to Definition of Terms).(30) State Drought Preparedness Plan--A plan, separate from the State Water Plan, that is developed by the Drought Preparedness Council for the purpose of mitigating the effects of drought pursuant to Texas Water Code §16.0551 (relating to State Drought Preparedness Plan).(31) State Drought Response Plan--A plan prepared and directed by the chief of the Texas Division of Emergency Management for the purpose of managing and coordinating the drought response component of the State Water Plan and the State Drought Preparedness Plan pursuant to Texas Water Code §16.055 (relating to Drought Response Plan).(32) State Water Plan--The most recent state water plan adopted by the Board under the Texas Water Code §16.051 (relating to State Water Plan).(33) State Water Planning Database--Database maintained by TWDB that stores data related to population and Water Demand projections, water Availability, Existing Water Supplies, Water Management Strategy supplies, and Water Management Strategy Projects. It is used to collect, analyze, and disseminate regional and statewide water planning data.(34) Technical Memorandum--Documentation of the RWPG's preliminary analysis of Water Demand projections, water Availability, Existing Water Supplies, and Water Needs and declaration of the RWPG's intent of whether or not to pursue simplified planning.(35) Unmet Water Need--The portion of an identified Water Need that is not met by recommended Water Management Strategies.(36) Water Conservation Measures--Practices, techniques, programs, and technologies that will protect water resources, reduce the consumption of water, reduce the loss or waste of water, or improve the efficiency in the use of water that may be presented as Water Management Strategies, so that a water supply is made available for future or alternative uses. For planning purposes, Water Conservation Measures do not include reservoirs, aquifer storage and recovery, or other types of projects that develop new water supplies.(37) Water Conservation Plan--The most current plan required by Texas Water Code §11.1271 (relating to Water Conservation Plans) from an applicant for a new or amended water rights permit and from any holder of a permit, certificate, etc. who is authorized to appropriate 1,000 acre-feet per year or more for municipal, industrial, and other non-irrigation uses and for those who are authorized to appropriate 10,000 acre-feet per year or more for irrigation, and the most current plan required by Texas Water Code §13.146 from a Retail Public Utility that provides potable water service to 3,300 or more connections. These plans must include specific, quantified 5-year and 10-year targets for water savings.(38) Water Conservation Strategy--A Water Management Strategy with quantified volumes of water associated with Water Conservation Measures.(39) Water Demand--Volume of water required to carry out the anticipated domestic, public, and/or economic activities of a Water User Group during drought conditions.(40) Water Management Strategy (WMS)--A plan to meet a need for additional water by a discrete Water User Group, which can mean increasing the total water supply or maximizing an existing supply, including through reducing demands. A Water Management Strategy may or may not require associated Water Management Strategy Projects to be implemented.(41) Water Management Strategy Project (WMSP)--Water project that has a non-zero capital costs and that when implemented, would develop, deliver, or treat additional water supply volumes, or conserve water for Water User Groups or Wholesale Water Providers. One WMSP may be associated with multiple WMSs.(42) Water Need--A potential water supply shortage based on the difference between projected Water Demands and Existing Water Supplies.(43) Water User Group (WUG)--Identified user or group of users for which Water Demands and Existing Water Supplies have been identified and analyzed and plans developed to meet Water Needs. These include:(A) Privately-owned utilities that provide an average of more than 100 acre-feet per year for municipal use for all owned water systems;(B) Water systems serving institutions or facilities owned by the state or federal government that provide more than 100 acre-feet per year for municipal use;(C) All other Retail Public Utilities not covered in subparagraphs (A) and (B) of this paragraph that provide more than 100 acre-feet per year for municipal use;(D) Collective Reporting Units, or groups of Retail Public Utilities that have a common association and are requested for inclusion by the RWPG;(E) Municipal and domestic water use, referred to as County-Other, not included in subparagraphs (A) - (D) of this paragraph; and(F) Non-municipal water use including manufacturing, irrigation, steam electric power generation, mining, and livestock for each county or portion of a county in an RWPA.(44) Wholesale Water Provider (WWP)--Any person or entity, including river authorities and irrigation districts, that delivers or sells water wholesale (treated or raw) to WUGs or other WWPs or that the RWPG expects or recommends to deliver or sell water wholesale to WUGs or other WWPs during the period covered by the plan. The RWPGs shall identify the WWPs within each region to be evaluated for plan development. Source Note: The provisions of this §357.10 adopted to be effective August 12, 2012, 37 TexReg 5797; amended to be effective November 30, 2015, 40 TexReg 8648; amended to be effective December 8, 2016, 41 TexReg 9589; amended to be effective April 11, 2018, 43 TexReg 2158; amended to be effective June 28, 2020, 45 TexReg 4211; amended to be effective May 1, 2022, 47 Tex Reg 2527. 10 TEXAS WATER DEVELOPMENT BOARD 357 REGIONAL WATER PLANNING A GENERAL INFORMATION §357.10 Definitions and Acronyms https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208731&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 208731 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208731&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 208731 03/11/2026 (a) The Board shall review and update the designations of RWPAs as necessary but at least every five years, on its own initiative or upon recommendation of the EA. The Board shall provide 30 days notice of its intent to amend the designations of RWPAs by publication of the proposed change in the Texas Register and by mailing the notice to each mayor of a municipality with a population of 1,000 or more or which is a county seat that is located in whole or in part in the RWPAs proposed to be impacted, to each water district or river authority located in whole or in part in the RWPA based upon lists of such water districts and river authorities obtained from the Commission, and to each county judge of a county located in whole or in part in the RWPAs proposed to be impacted. After the 30 day notice period, the Board shall hold a public hearing at a location to be determined by the Board before making any changes to the designation of an RWPA.(b) If upon boundary review the Board determines that revisions to the boundaries are necessary, the Board shall designate areas for which RWPs shall be developed, taking into consideration factors such as:(1) River basin and aquifer delineations;(2) Water utility development patterns;(3) Socioeconomic characteristics;(4) Existing RWPAs;(5) Political Subdivision boundaries;(6) Public comment; and(7) Other factors the Board deems relevant.(c) After an initial coordinating body for a RWPG is named by the Board, the RWPGs shall adopt, by two-thirds vote, bylaws that are consistent with provisions of this chapter. Within 30 days after the Board names members of the initial coordinating body, the EA shall provide to each member of the initial coordinating body a set of model bylaws which the RWPG shall consider. The RWPG shall provide copies of its bylaws and any revisions thereto to the EA. The bylaws adopted by the RWPG shall at a minimum address the following elements:(1) definition of a quorum necessary to conduct business;(2) method to be used to approve items of business including adoption of RWPs or amendments thereto;(3) methods to be used to name additional members;(4) terms and conditions of membership;(5) methods to record minutes and where minutes will be archived as part of the public record; and(6) methods to resolve disputes between RWPG members on matters coming before the RWPG.(d) RWPGs shall maintain at least one representative of each of the following interest categories as voting members of the RWPG. However, if an RWPA does not have an interest category below, then the RWPG shall so advise the EA and no membership designation is required.(1) Public, defined as those persons or entities having no economic interest in the interests represented by paragraphs (2) - (12) of this subsection other than as a normal consumer;(2) Counties, defined as the county governments for the 254 counties in Texas;(3) Municipalities, defined as governments of cities created or organized under the general, home-rule, or special laws of the state;(4) Industries, defined as corporations, partnerships, sole proprietorships, or other legal entities that are formed for the purpose of making a profit and which produce or manufacture goods or services and which are not small businesses;(5) Agricultural interests, defined as those persons or entities associated with production or processing of plant or animal products;(6) Environmental interests, defined as those persons or groups advocating the conservation of the state's natural resources, including but not limited to soil, water, air, and living resources;(7) Small businesses, defined as corporations, partnerships, sole proprietorships, or other legal entities that are formed for the purpose of making a profit, are independently owned and operated, and have fewer than 500 employees or less than $10 million in gross annual receipts;(8) Electric generating utilities, defined as any persons, corporations, cooperative corporations, or any combination thereof, meeting each of the following three criteria: own or operate for compensation equipment or facilities which produce or generate electricity; produce or generate electricity for either wholesale or retail sale to others; and are neither a municipal corporation nor a river authority;(9) River authorities, defined as any districts or authorities created by the legislature which contain areas within their boundaries of one or more counties and which are governed by boards of directors appointed or designated in whole or part by the governor or board, including, without limitation, San Antonio River Authority;(10) Water districts, defined as any districts or authorities, created under authority of either Texas Constitution, Article III, §52(b)(1) and (2), or Article XVI, §59 including districts having the authority to regulate the spacing of or production from water wells, but not including river authorities;(11) Water utilities, defined as any persons, corporations, cooperative corporations, or any combination thereof that provide water supplies for compensation except for municipalities, river authorities, or water districts; and(12) Groundwater management areas, defined as a single representative for each groundwater management area that is at least partially located within an RWPA. Defined as a representative from a groundwater conservation district that is appointed by the groundwater conservation districts within the associated groundwater management area.(e) The RWPGs shall add the following non-voting members, who shall receive meeting notifications and information in the same manner as voting members:(1) Staff member of the Board to be designated by the EA;(2) Staff member of the Texas Parks and Wildlife Department designated by its executive director;(3) Member designated by each adjacent RWPG to serve as a liaison;(4) One or more persons to represent those entities with headquarters located in another RWPA and which holds surface water rights authorizing a diversion of 1,000 acre-feet a year or more in the RWPA, which supplies water under contract in the amount of 1,000 acre-feet a year or more to entities in the RWPA, or which receives water under contract in the amount of 1,000 acre-feet a year or more from the RWPA;(5) Staff member of the Texas Department of Agriculture designated by its commissioner; and(6) Staff member of the State Soil and Water Conservation Board designated by its executive director.(f) Each RWPG shall provide a current list of its members to the EA; the list shall identify the interest represented by each member including interests required in subsection (d) of this section.(g) Each RWPG, at its discretion, may at any time add additional voting and non-voting representatives to serve on the RWPG for any new interest category, including additional representatives of those interests already listed in subsection (d) of this section that the RWPG considers appropriate for water planning.(h) Each RWPG, at its discretion, may remove individual voting or non-voting members or eliminate RWPG representative positions in accordance with the RWPG bylaws as long as minimum requirements of RWPG membership are maintained in accordance with subsection (d) of this section.(i) RWPGs may enter into formal and informal agreements to coordinate, avoid conflicts, and share information with other RWPGs or any other interests within any RWPA for any purpose the RWPGs consider appropriate including expediting or making more efficient water planning efforts. These efforts may involve any portion of the RWPG membership. Any plans or information developed through these efforts by RWPGs or by committees may be included in an RWP only upon approval of the RWPG.(j) Upon request, the EA will provide technical assistance to RWPGs, including on water supply and demand analysis, methods to evaluate the social and economic impacts of not meeting needs, and regarding Drought Management Measures and water conservation practices.(k) The Board shall appoint an Interregional Planning Council during each state water planning cycle. The Interregional Planning Council will be subject to the following provisions:(1) The Interregional Planning Council consists of one voting member from each RWPG, as appointed by the Board.(2) Upon request by the EA, each RWPG shall submit at least one nomination for appointment, including a designated alternate for each nomination.(3) Interregional Planning Council members will serve until adoption of the State Water Plan.(4) The Interregional Planning Council, during each planning cycle to develop the State Water Plan, shall hold at least one public meeting and deliver a report to the Board. The report format may be determined by the Council. The report at a minimum shall include a summary of the dates the Council convened, the actions taken, minutes of the meetings, and any recommendations for the Board's consideration, based on the Council's work. Meeting frequency, location, and additional report content shall be determined by the Council.(5) The Council's report shall be delivered to the Board no later than one year prior to the IPP deliverable date for the corresponding State Water Plan cycle, as set in regional water planning contracts. Source Note: The provisions of this §357.11 adopted to be effective August 12, 2012, 37 TexReg 5797; amended to be effective December 8, 2016, 41 TexReg 9589; amended to be effective April 11, 2018, 43 TexReg 2158; amended to be effective June 28, 2020, 45 TexReg 4211; amended to be effective May 1, 2022, 47 TexReg 2527. 10 TEXAS WATER DEVELOPMENT BOARD 357 REGIONAL WATER PLANNING A GENERAL INFORMATION §357.11 Designations https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208732&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 208732 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208732&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 208732 03/11/2026 (a) Prior to the preparation for the RWPs, in accordance with the public participation requirements in §357.21 of this title (relating to Notice and Public Participation), the RWPGs shall:(1) hold at least one public meeting at a central location readily accessible to the public within the regional water planning area to gather suggestions and recommendations from the public as to issues that should be addressed or provisions that should be included in the next regional or state water plan and to discuss the region's process for conducting interregional coordination;(2) prepare a scope of work that includes a detailed description of tasks to be performed, identifies responsible parties for task execution, a task schedule, task and expense budgets, and describes interim products, draft reports, and final reports for the planning process;(3) approve any amendments to the scope of work only in an open meeting of the RWPG where notice of the proposed action was provided in accordance with §357.21 of this title; and(4) designate a Political Subdivision as a representative of the RWPG eligible to apply for financial assistance for scope of work and RWP development pursuant to Chapter 355, Subchapter C of this title (relating to Regional Water Planning Grants).(b) In accordance with the requirements of §357.21(g)(2) of this title, an RWPG shall hold a public meeting to determine the process for identifying potentially feasible WMSs; the process shall be documented and shall include input received at the public meeting; after reviewing the potentially feasible strategies using the documented process, then the RWPG shall list all possible WMSs that are potentially feasible for meeting a Water Need in the region. The public meeting shall also include a presentation of the results of the analysis of infeasible WMSs or WMSPs, as defined by Texas Water Code §16.053(h)(10), included in the most recently adopted RWP. Infeasible WMSs or WMSPs shall be identified based on project sponsor provided information or local knowledge, as acquired through plan development activities such as surveys, and as determined based on implementation schedules consistent with implementation by the project sponsors. The group shall provide notice to all associated project sponsors and amend its adopted RWP as appropriate based upon the analysis.(c) The RWPGs shall approve and submit a Technical Memorandum to the EA after notice pursuant to §357.21(g)(2) of this title. The Technical Memorandum shall include:(1) The most recent population and Water Demand projections adopted by the Board;(2) Updated source water Availability utilized in the RWPA, as entered into the State Water Planning Database;(3) Updated Existing Water Supplies, as entered into the State Water Planning Database;(4) Identified Water Needs and surpluses;(5) The documented process used by the RWPG to identify potentially feasible WMSs;(6) The potentially feasible WMSs identified as of the date of submittal of the Technical Memorandum to the EA, if any;(7) A listing of the infeasible WMSs and WMSPs, as determined by the RWPG pursuant to TWC §16.053(h)(10) and subsection (b) of this section, or a statement that no infeasible WMSs or WMSPs were identified by the RWPG;(8) A summary of the RWPG's interregional coordination efforts to date; and(9) During each off-census RWP development, the RWPG's declaration of intent to pursue simplified planning for that planning cycle. If the RWPG intends to pursue simplified planning, the RWPG shall document the process to authorize and initiate subsection (g) of this section.(d) The EA shall evaluate the Technical Memorandum and any declaration of intent to pursue simplified planning, if applicable, and issue written approval prior to implementation of simplified planning by the RWPG. If an RWPG has not declared to pursue simplified planning in their Technical Memorandum, they may proceed without any additional approvals to develop their IPP. If the RWPG chooses to rescind their decision to pursue simplified planning, they must do so prior to executing a contract scope of work and budget amendment with the TWDB. The RWPG must discuss and act on the decision at a public meeting posted under notice requirements of §357.21(g)(1) of this title.(e) If applicable, and approved by the EA, an RWPG may implement simplified planning in off-census planning cycles in accordance with guidance to be provided by the EA. An RWPG may only pursue simplified planning if:(1) the RWPG determines in its analysis of Water Needs that it has sufficient Existing Water Supplies in the RWPA to meet all Water Needs for the 50-year planning period while identifying Existing Water Supplies that are available for voluntary redistribution in the RWPA or to other RWPAs; or(2) an RWPG determines, including based on its analysis of source water Availability, that there are no significant changes, as determined by the RWPG, to water Availability, Existing Water Supplies, or Water Demands in the RWPA. A determination that there have been no significant changes may not be based solely on an aggregated, region-wide basis without consideration of sub-regional changes.(f) If an RWPG elects to pursue simplified planning, it must:(1) Complete the Technical Memorandum in subsection (c) of this section and, based upon the analysis, determine and document whether significant changes have resulted from the most recently adopted RWP;(2) Meet new statutory or other planning requirements that come into effect during the most recent planning cycle;(3) where appropriate, adopt previous RWP or State Water Plan information, updated as necessary, as the IPP and RWP, in accordance with guidance to be provided by the EA; and(4) conduct other activities upon approval of the EA necessary to complete an RWP that meets rule and statute requirements, including that no water supply sources to the RWPA be over-allocated.(g) If an RWPG declares intention to pursue simplified planning with the submittal of its Technical Memorandum, in accordance with subsection (c) of this section, the RWPG shall hold a public hearing on the intent to pursue simplified planning for the RWPA, to be held after submitting the Technical Memorandum and in accordance with §357.21(g)(3) of this title. This public hearing is not required for RWPGs that state they will not pursue simplified planning in their Technical Memorandum.(h) Following receipt of public comments, the RWPG shall hold a meeting in accordance with the requirements of §357.21(g)(1) of this title to consider comments received and declare implementation of simplified planning.(i) Each RWPG and any committee or subcommittee of an RWPG are subject to Chapters 551 (relating to Open Meetings) and 552 (relating to Public Information), Government Code. Source Note: The provisions of this §357.12 adopted to be effective August 12, 2012, 37 TexReg 5797; amended to be effective December 8, 2016, 41 TexReg 9589; amended to be effective April 11, 2018, 43 TexReg 2158; amended to be effective May 1, 2022, 47 TexReg 2527. 10 TEXAS WATER DEVELOPMENT BOARD 357 REGIONAL WATER PLANNING A GENERAL INFORMATION §357.12 General Regional Water Planning Group Responsibilities and Procedures https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=181459&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 181459 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=181459&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 181459 03/11/2026 Development of the State Water Plan and of RWPs shall be guided by the principles stated in §358.3 of this title (relating to Guidance Principles). Source Note: The provisions of this §357.20 adopted to be effective August 12, 2012, 37 TexReg 5797; amended to be effective December 8, 2016, 41 TexReg 9589. 10 TEXAS WATER DEVELOPMENT BOARD 357 REGIONAL WATER PLANNING B GUIDANCE PRINCIPLES AND NOTICE REQUIREMENTS §357.20 Guidance Principles for State and Regional Water Planning https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208733&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 208733 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208733&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 208733 03/11/2026 (a) Each RWPG and any committee or subcommittee of an RWPG are subject to Chapters 551 and 552, Government Code. A copy of all materials presented or discussed at an open meeting shall be made available for public inspection prior to and following the meetings and shall meet the additional notice requirements when specifically referenced as required under other subsections. In accordance with Texas Water Code §16.053(r), certain information regarding water infrastructure facilities is excepted from the Public Information Act, Texas Government Code, Chapter 552. In addition to the notice requirements of Chapter 551, Government Code, the following requirements apply to RWPGs.(b) Each RWPG shall create and maintain a website that they will use to post public notices of all its full RWPG, committee, and subcommittee meetings and make available meeting agendas and related meeting materials for the public, in accordance with this section.(c) Each RWPG shall provide a means by which it will accept written public comment prior to and after meetings. The RWPGs must also allow oral public comment during RWPG meetings and hearings.(d) Each RWPG shall solicit interested parties from the public and maintain a list of emails of persons or entities who request to be notified electronically of RWPG activities.(e) At a minimum, notices of all meetings, meeting materials, and meeting agendas shall be sent electronically, in accordance with the timelines and any additional notice requirements provided in subsections (g)(1) - (3) and (h) of this section or any additional notice requirements in the RWPG bylaws, to all voting and non-voting RWPG members and any person or entity who has requested notice of RWPG activities. Notice must also be provided to the following:(1) if a recommended or Alternative WMS that is located outside of the RWPG is being considered, the RWPG where the recommended or Alternative WMS is located must also receive notice of any meeting or hearing where action or public input may be taken on the recommended or Alternative WMS.(2) for hearings on declarations of intent to pursue simplified planning, if an RWPG shares a water supply source, WMS, or WMSP with another RWPG, the RWPG declaring intent to pursue simplified planning must notify the RWPG with shared source, WMS, or WMSP.(3) each project sponsor of an infeasible WMS or WMSP must be provided notice of any meeting or hearing where action may be taken on the infeasible WMS or WMSP.(f) At a minimum, all meeting and hearing notices must be posted to the RWPG website and on the secretary of state website and must include:(1) the date, time, and location of the meeting;(2) a summary of the proposed action(s) to be taken;(3) the name, telephone number, email address, and physical address of a contact person to whom questions or requests for additional information may be submitted; and(4) a statement of how and when comments will be received from the members and public.(g) In addition to subsections (a) - (f) of this section, and the notice requirements of Chapter 551, Government Code, the following requirements apply:(1) at a minimum, notice must be provided at least seven days prior to the meeting, and meeting materials must be made available on the RWPG website at least three days prior to and seven days following the meeting when the planning group will take the following actions:(A) regular RWPG meetings and any RWPG committee or subcommittee meetings;(B) approval of requests for funds from the Board;(C) amendments to the scope of work or budget included in the regional water planning grant contract between the political subdivision and TWDB;(D) approval of revision requests for draft population projections and Water Demand projections;(E) adoption of the IPP;(F) approval to submit a request to EA for approval of an Alternative WMS substitution or to request an EA determination of a minor amendment;(G) declaration of implementation of simplified planning following public hearing on intent to pursue simplified planning;(H) initiation of major amendments to RWPs and adoption of major amendments following a public hearing on the amendment;(I) adoption of errata pursuant to §357.51(i) of this title (relating to Amendments to Regional Water Plans) to final RWPs;(J) approval of replacement RWPG members to fill voting and non-voting position vacancies; and(K) any other RWPG approvals required by the regional water planning grant contract between TWDB and the political subdivision.(2) at a minimum, notice must be provided at least 14 days prior to the meeting, written comment must be accepted for 14 days prior to the meeting and considered by the RWPG members prior to taking the associated action, and meeting materials must be made available on the RWPG website for a minimum of seven days prior to and 14 days following the meeting, when the planning group will take the following actions:(A) approval to submit revision requests to officially adopted Board population and Water Demand projections;(B) approval of process of identifying potentially feasible WMSs and presentation of analysis of infeasible WMSs or WMSPs;(C) approval to submit the Technical Memorandum;(D) adoption of the final RWP;(E) approval to substitute Alternative WMSs; and(F) adoption of minor amendments to RWPs.(3) at a minimum, notice must be provided at least 30 days prior to the hearing, written comment must be accepted for 30 days prior to and following the date of the hearing and considered by the RWPG members prior to taking the associated action, and meeting materials must be made available on the RWPG website for a minimum of seven days prior to and 30 days following the hearing, when the planning group will receive input from the public on the following items:(A) declarations to pursue simplified planning; and(B) major amendments to RWPs.(h) when holding pre-planning public meetings to obtain public input on development of the next RWP, holding hearings on the IPP, or making revisions to RWPs based on interregional conflict resolutions, in addition to the requirements of subsection (e) of this section, the following additional public notice and document provisions must be met per TWC §16.053(h):(1) notice shall be published in a newspaper of general circulation in each county located in whole or in part in the RWPA before the 30th day preceding the date of the public meeting or hearing.(2) at a minimum, notice must be provided at least 30 days prior to the meeting or hearing.(3) written comments to be accepted as follows:(A) written comments submitted immediately following 30-day public notice posting and prior to and during meeting or hearing; and(B) at least 60 days following the date of the public hearing on an IPP.(4) if more than one hearing on the IPP is held, the notice and comment periods apply to the date of the first hearing.(5) additional entities to be notified by mail under this subsection include:(A) each adjacent RWPG;(B) each mayor of a municipality, located in whole or in part in the RWPA, with a population of 1,000 or more or which is a county seat;(C) each county judge of a county located in whole or in part in the RWPA;(D) each special or general law district or river authority with responsibility to manage or supply water in the RWPA based upon lists of such water districts and river authorities obtained from the Commission;(E) each Retail Public Utility, defined as a community water system, that serves any part of the RWPA or receives water from the RWPA based upon lists of such entities obtained from the Commission; and(F) each holder of record of a water right for the use of surface water the diversion of which occurs in the RWPA based upon lists of such water rights holders obtained from the Commission.(6) the public hearings shall be conducted at a central location readily accessible to the public within the regional water planning area.(7) RWPGs shall make copies of the IPP available for public inspection at least 30 days before the required public hearing by providing a copy of the IPP in at least one public library in each county and either the county courthouse's law library, the county clerk's office, or some other accessible place within the county courthouse of each county having land in the RWPA. The locations of such copies shall be included in the public hearing notice. For distribution of the IPP, the RWPG may consult and coordinate with county and local officials in determining the most appropriate public library and location in the county courthouse to ensure maximum accessibility to the public during business hours. According to the capabilities of the facility, the RWPG may provide the copy electronically, on electronic media, through an internet web link, or in hard copy. The RWPG shall make an effort to ensure ease of access to the public, including where feasible, posting the IPP on websites and providing notice of such posting. The public inspection requirement in this subsection applies only to IPPs; adopted RWPs are only required to be submitted to the Board pursuant to Texas Water Code, §16.053(i).(8) Any additional meeting materials associated with meetings in this subsection must be made available on the RWPG website for a minimum of seven days prior to and 30 days following the meeting or hearing.(i) All notice periods given are based on calendar days.(j) Each RWPG shall include a statement in their draft and final adopted RWPs regarding the RWPG's conformance with this section. Source Note: The provisions of this §357.21 adopted to be effective August 12, 2012, 37 TexReg 5797; amended to be effective December 8, 2016, 41 TexReg 9589; amended to be effective April 11, 2018, 43 TexReg 2158; amended to be effective June 28, 2020, 45 TexReg 4211; amended to be effective May 27, 2021, 46 TexReg 3297; amended to be effective May 1, 2022, 47 TexReg 2527. 10 TEXAS WATER DEVELOPMENT BOARD 357 REGIONAL WATER PLANNING B GUIDANCE PRINCIPLES AND NOTICE REQUIREMENTS §357.21 Notice and Public Participation https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208734&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 208734 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208734&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 208734 03/11/2026 (a) RWPGs shall consider existing local, regional, and state water planning efforts, including water plans, information and relevant local, regional, state and federal programs and goals when developing the RWP. The RWPGs shall also consider:(1) Water Conservation Plans;(2) drought management and Drought Contingency Plans;(3) information compiled by the Board from water loss audits performed by Retail Public Utilities pursuant to §358.6 of this title (relating to Water Loss Audits);(4) publicly available plans for major agricultural, municipal, manufacturing and commercial water users;(5) local and regional water management plans;(6) water availability requirements promulgated by a county commissioners court in accordance with Texas Water Code §35.019 (relating to Priority Groundwater Management Areas);(7) the Texas Clean Rivers Program;(8) the U.S. Clean Water Act;(9) water management plans;(10) other planning goals including, but not limited to, regionalization of water and wastewater services where appropriate;(11) approved groundwater conservation district management plans and other plans submitted under Texas Water Code §16.054 (relating to Local Water Planning);(12) approved groundwater regulatory plans;(13) potential impacts on public health, safety, or welfare;(14) water conservation best management practices available on the TWDB website; and(15) any other information available from existing local or regional water planning studies.(b) The RWP shall contain a separate chapter for the contents of §§357.30, 357.31, 357.32, 357.33, 357.42, 357.43, 357.45, and 357.50 of this title and shall also contain a separate chapter for the contents of §357.34 and §§357.35, 357.40 and 357.41 of this title for a total of ten separate chapters. Source Note: The provisions of this §357.22 adopted to be effective August 12, 2012, 37 TexReg 5797; amended to be effective December 8, 2016, 41 TexReg 9589; amended to be effective April 11, 2018, 43 TexReg 2158; amended to be effective May 1, 2022, 47 TexReg 2527. 10 TEXAS WATER DEVELOPMENT BOARD 357 REGIONAL WATER PLANNING B GUIDANCE PRINCIPLES AND NOTICE REQUIREMENTS §357.22 General Considerations for Development of Regional Water Plans https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=181462&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 181462 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=181462&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 181462 03/11/2026 RWPGs shall describe their RWPA including the following:(1) social and economic aspects of a region such as information on current population, economic activity and economic sectors heavily dependent on water resources;(2) current water use and major water demand centers;(3) current groundwater, surface water, and Reuse supplies including major springs that are important for water supply or protection of natural resources;(4) Major Water Providers;(5) agricultural and natural resources;(6) identified water quality problems;(7) identified threats to agricultural and natural resources due to water quantity problems or water quality problems related to water supply;(8) summary of existing local and regional water plans;(9) the identified historic drought(s) of record within the planning area;(10) current preparations for drought within the RWPA;(11) information compiled by the Board from water loss audits performed by Retail Public Utilities pursuant to §358.6 of this title (relating to Water Loss Audits); and(12) an identification of each threat to agricultural and natural resources and a discussion of how that threat will be addressed or affected by the WMSs evaluated in the plan. Source Note: The provisions of this §357.30 adopted to be effective August 12, 2012, 37 TexReg 5797; amended to be effective December 8, 2016, 41 TexReg 9589. 10 TEXAS WATER DEVELOPMENT BOARD 357 REGIONAL WATER PLANNING C PLANNING ACTIVITIES FOR NEEDS ANALYSIS AND STRATEGY RECOMMENDATIONS §357.30 Description of the Regional Water Planning Area https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208736&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 208736 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208736&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 208736 03/11/2026 (a) RWPs shall present projected population and Water Demands by WUG as defined in §357.10 of this title (relating to Definitions and Acronyms). If a WUG lies in one or more counties or RWPA or river basins, data shall be reported for each river basin, RWPA, and county split.(b) RWPs shall present projected Water Demands associated with MWPs by category of water use, including municipal, manufacturing, irrigation, steam electric power generation, mining, and livestock for the RWPA.(c) RWPs shall evaluate the current contractual obligations of WUGs and WWPs to supply water in addition to any demands projected for the WUG or WWP. Information regarding obligations to supply water to other users must also be incorporated into the water supply analysis in §357.32 of this title (relating to Water Supply Analysis) in order to determine net existing water supplies available for each WUG's own use. The evaluation of contractual obligations under this subsection is limited to determining the amount of water secured by the contract and the duration of the contract.(d) Municipal demands shall be adjusted to reflect water savings due to plumbing fixture requirements identified in the Texas Health and Safety Code, Chapter 372. RWPGs shall report how changes in plumbing fixtures would affect projected municipal Water Demands using projections with plumbing code savings provided by the Board or by methods approved by the EA.(e) Source of population and Water Demands. In developing RWPs, RWPGs shall use:(1) Population and Water Demand projections developed by the EA that shall be contained in the next State Water Plan and adopted by the Board after consultation with the RWPGs, Commission, Texas Department of Agriculture, and the Texas Parks and Wildlife Department.(2) RWPGs may request revisions of Board adopted population or Water Demand projections if the request demonstrates that population or Water Demand projections no longer represents a reasonable estimate of anticipated conditions based on changed conditions and or new information. Before requesting a revision to population and Water Demand projections, the RWPG shall discuss the proposed revisions at a public meeting for which notice has been posted in accordance with §357.21(g)(2) of this title (relating to Notice and Public Participation). The RWPG shall summarize public comments received on the proposed request for projection revisions. The EA shall consult with the requesting RWPG and respond to their request within 45 days after receipt of a request from an RWPG for revision of population or Water Demand projections.(f) Population and Water Demand projections shall be presented for each Planning Decade for WUGs in accordance with subsection (a) of this section and MWPs in accordance with subsection (b) of this section. Source Note: The provisions of this §357.31 adopted to be effective August 12, 2012, 37 TexReg 5797; amended to be effective December 8, 2016, 41 TexReg 9589; amended to be effective June 28, 2020, 45 TexReg 4211; amended to be effective May 1, 2022, 47 TexReg 2527. 10 TEXAS WATER DEVELOPMENT BOARD 357 REGIONAL WATER PLANNING C PLANNING ACTIVITIES FOR NEEDS ANALYSIS AND STRATEGY RECOMMENDATIONS §357.31 Projected Population and Water Demands https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208735&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 208735 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208735&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 208735 03/11/2026 (a) RWPGs shall evaluate:(1) source water Availability during Drought of Record conditions; and(2) Existing Water Supplies that are legally and physically available to each WUG and WWP within the RWPA for use during the Drought of Record.(b) Evaluations shall consider surface water and groundwater data from the State Water Plan, existing water rights, contracts and option agreements relating to water rights, other planning and water supply studies, and analysis of water supplies existing in and available to the RWPA during Drought of Record conditions.(c) For surface water supply analyses, RWPGs shall use most current Water Availability Models from the Commission to evaluate the adequacy of surface water supplies. As the default approach for evaluating existing supplies, RWPGs shall assume full utilization of existing water rights and no return flows when using Water Availability Models. RWPGs may use better, more representative, water availability modeling assumptions or better site-specific information with written approval from the EA. Information available from the Commission shall be incorporated by RWPGs unless better site-specific information is available and approved in writing by the EA.(1) Evaluation of existing stored surface water available during Drought of Record conditions shall be based on Firm Yield as defined in §357.10 of this title (relating to Definitions and Acronyms). The analysis may be based on justified operational procedures other than Firm Yield. The EA shall consider a written request from an RWPG to use procedures other than Firm Yield.(2) Evaluation of existing run of river surface water available for municipal WUGs during Drought of Record conditions shall be based on the minimum monthly diversion amounts that are available 100 percent of the time, if those run of river supplies are the only supply for the municipal WUG.(d) RWPGs shall use modeled available groundwater volumes for groundwater Availability, as issued by the EA, and incorporate such information in its RWP unless no modeled available groundwater volumes are provided. Groundwater Availability used in the RWP must be consistent with the desired future conditions as of the most recent deadline for the Board to adopt the State Water Plan or, at the discretion of the RWPG, established subsequent to the adoption of the most recent State Water Plan.(1) An RWP is consistent with a desired future condition if the groundwater Availability amount in the RWP and on which an Existing Water Supply or recommended WMS relies does not exceed the modeled available groundwater amount associated with the desired future condition for the relevant aquifers, in accordance with paragraph (2) of this subsection or as modified by paragraph (3) of this subsection, if applicable. The desired future condition must be either the desired future condition adopted as of the most recent deadline for the Board to adopt the State Water Plan or, at the option of the RWPG, a desired future condition adopted on a subsequent date.(2) If no groundwater conservation district exists within the RWPA, then the RWPG shall determine the Availability of groundwater for regional planning purposes. The Board shall review and consider approving the RWPG-Estimated Groundwater Availability, prior to inclusion in the IPP, including determining if the estimate is physically compatible with the desired future conditions for relevant aquifers in groundwater conservation districts in the co-located groundwater management area or areas. The EA shall use the Board's groundwater availability models as appropriate to conduct the compatibility review.(3) In RWPAs that have at least one groundwater conservation district, the EA shall consider a written request from an RWPG to apply a MAG Peak Factor in the form of a percentage (e.g., greater than 100 percent) applied to the modeled available groundwater value of any particular aquifer-region-county-basin split within the jurisdiction of a groundwater conservation district, or groundwater management area if no groundwater conservation district exists, to allow temporary increases in annual availability for planning purposes. The request must:(A) Include written approval from the groundwater conservation district, if a groundwater conservation district exists in the particular aquifer-region-county-basin split, and from representatives of the groundwater management area;(B) Provide the technical basis for the request in sufficient detail to support groundwater conservation district, groundwater management area, and EA evaluation; and(C) Document the basis for how the temporary availability increase will not prevent the groundwater conservation district from managing groundwater resources to achieve the desired future condition.(e) Water supplies based on contracted agreements shall be based on the terms of the contract, which may be assumed to renew upon contract termination if the contract contemplates renewal or extensions.(f) Evaluation results shall be reported by WUG in accordance with §357.31(a) of this title (relating to Projected Population and Water Demands) and MWP in accordance with §357.31(b) of this title. Source Note: The provisions of this §357.32 adopted to be effective August 12, 2012, 37 TexReg 5797; amended to be effective December 8, 2016, 41 TexReg 9589; amended to be effective April 11, 2018, 43 TexReg 2158; amended to be effective May 1, 2022, 47 TexReg 2527. 10 TEXAS WATER DEVELOPMENT BOARD 357 REGIONAL WATER PLANNING C PLANNING ACTIVITIES FOR NEEDS ANALYSIS AND STRATEGY RECOMMENDATIONS §357.32 Water Supply Analysis https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208737&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 208737 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208737&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 208737 03/11/2026 (a) RWPs shall include comparisons of existing water supplies and projected Water Demands to identify Water Needs.(b) RWPGs shall compare projected Water Demands, developed in accordance with §357.31 of this title (relating to Projected Population and Water Demands), with existing water supplies available to WUGs and WWPs in a planning area, as developed in accordance with §357.32 of this title (relating to Water Supply Analysis), to determine whether WUGs will experience water surpluses or needs for additional supplies.(c) Results of evaluations shall be reported by WUG in accordance with §357.31(a) of this title and by MWP in accordance with §357.31(b) of this title.(d) RWPGs shall perform a secondary water needs analysis for all WUGs and WWPs for which conservation WMSs or direct Reuse WMSs are recommended. This secondary water needs analysis shall calculate the Water Needs that would remain after assuming all recommended conservation and direct Reuse WMSs are fully implemented. The resulting secondary water needs volumes shall be presented in the RWP by WUG and MWP and decade. Source Note: The provisions of this §357.33 adopted to be effective August 12, 2012, 37 TexReg 5797; amended to be effective December 8, 2016, 41 TexReg 9589; amended to be effective June 28, 2020, 45 TexReg 4211; amended to be effective May 1, 2022, 47 TexReg 2527. 10 TEXAS WATER DEVELOPMENT BOARD 357 REGIONAL WATER PLANNING C PLANNING ACTIVITIES FOR NEEDS ANALYSIS AND STRATEGY RECOMMENDATIONS §357.33 Needs Analysis: Comparison of Water Supplies and Demands https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=219469&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 219469 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=219469&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 219469 03/11/2026 (a) RWPGs shall identify and evaluate potentially feasible WMSs and the WMSPs required to implement those strategies for all WUGs and WWPs with identified Water Needs.(b) RWPGs shall identify potentially feasible WMSs to meet water supply needs identified in §357.33 of this title (relating to Needs Analysis: Comparison of Water Supplies and Demands) in accordance with the process in §357.12(b) of this title (relating to General Regional Water Planning Group Responsibilities and Procedures). Strategies shall be developed for WUGs and WWPs. WMS and WMSPs shall be developed for WUGs and WWPs that would provide water to meet water supply needs during Drought of Record conditions.(c) Potentially feasible WMSs may include, but are not limited to:(1) Expanded use of existing supplies including system optimization and conjunctive use of water resources, reallocation of reservoir storage to new uses, voluntary redistribution of water resources including contracts, water marketing, regional water banks, sales, leases, options, subordination agreements, and financing agreements, subordination of existing water rights through voluntary agreements, enhancements of yields of existing sources, and improvement of water quality including control of naturally occurring chlorides.(2) New supply development including construction and improvement of surface water and groundwater resources, brush control, precipitation enhancement, seawater desalination, brackish groundwater desalination, water supply that could be made available by cancellation of water rights based on data provided by the Commission, rainwater harvesting, and aquifer storage and recovery.(3) Conservation and Drought Management Measures including demand management.(4) Reuse of wastewater.(5) Interbasin Transfers of Surface Water.(6) Emergency transfers of surface water including a determination of the part of each water right for non-municipal use in the RWPA that may be transferred without causing unreasonable damage to the property of the non-municipal water rights holder in accordance with Texas Water Code §11.139 (relating to Emergency Authorizations).(d) All recommended WMSs and WMSPs that are entered into the State Water Planning Database shall be designed to reduce the consumption of water, reduce the loss or waste of water, improve the efficiency in the use of water, or develop, deliver or treat additional water supply volumes to WUGs or WWPs in at least one planning decade such that additional water is available during Drought of Record conditions. Any other RWPG recommendations regarding permit modifications, operational changes, and/or other infrastructure that are not designed to reduce the consumption of water, reduce the loss or waste of water, improve the efficiency in the use of water, or develop, deliver or treat additional water supply volumes to WUGs or WWPs in at least one Planning Decade such that additional water is available during Drought of Record conditions shall be indicated as such and presented separately in the RWP and shall not be eligible for funding from the State Water Implementation Fund for Texas.(e) Evaluations of potentially feasible WMSs and associated WMSPs shall include the following analyses:(1) For the purpose of evaluating potentially feasible WMSs, the Commission's most current Water Availability Model with assumptions of no return flows and full utilization of senior water rights, is to be used. Alternative assumptions may be used with written approval from the EA who shall consider a written request from an RWPG to use assumptions other than no return flows and full utilization of senior water rights.(2) An equitable comparison between and consistent evaluation and application of all WMSs the RWPGs determine to be potentially feasible for each water supply need.(3) A quantitative reporting of:(A) The net quantity, reliability, and cost of water delivered and treated for the end user's requirements during Drought of Record conditions, taking into account and reporting anticipated strategy water losses, incorporating factors used in calculating infrastructure debt payments and may include present costs and discounted present value costs. Costs do not include costs of infrastructure associated with distribution of water within a WUG after treatment, except for specific, limited allowances for direct reuse and conservation WMSs.(B) Environmental factors including effects on environmental water needs, wildlife habitat, cultural resources, and effect of upstream development on bays, estuaries, and arms of the Gulf of Mexico. Evaluations of effects on environmental flows shall include consideration of the Commission's adopted environmental flow standards under 30 Texas Administrative Code Chapter 298 (relating to Environmental Flow Standards for Surface Water). If environmental flow standards have not been established, then environmental information from existing site-specific studies, or in the absence of such information, state environmental planning criteria adopted by the Board for inclusion in the State Water Plan after coordinating with staff of the Commission and the Texas Parks and Wildlife Department to ensure that WMSs are adjusted to provide for environmental water needs including instream flows and bays and estuaries inflows.(C) Impacts to agricultural resources.(4) Discussion of the plan's impact on other water resources of the state including other WMSs and groundwater and surface water interrelationships.(5) A discussion of each threat to agricultural or natural resources identified pursuant to §357.30(7) of this title (relating to Description of the Regional Water Planning Area) including how that threat will be addressed or affected by the WMSs evaluated.(6) If applicable, consideration and discussion of the provisions in Texas Water Code §11.085(k)(1) for Interbasin Transfers of Surface Water. At minimum, this consideration shall include a summation of Water Needs in the basin of origin and in the receiving basin.(7) Consideration of third-party social and economic impacts resulting from voluntary redistributions of water including analysis of third-party impacts of moving water from rural and agricultural areas.(8) A description of the major impacts of recommended WMSs on key parameters of water quality identified by RWPGs as important to the use of a water resource and comparing conditions with the recommended WMSs to current conditions using best available data.(9) Other factors as deemed relevant by the RWPG including recreational impacts.(f) RWPGs shall evaluate and present potentially feasible WMSs and WMSPs with sufficient specificity to allow state agencies to make financial or regulatory decisions to determine consistency of the proposed action before the state agency with an approved RWP.(g) Implementation of large recommended WMSs and associated WMSPs.(1) For large recommended WMSs and associated WMSPs, RWPGs must include the following information:(A) expenditures of sponsor money;(B) permit applications, including the status of a permit application; and(C) status updates on the phase of construction of a project.(2) For purposes of this subchapter, large WMSs include:(A) any reservoir(B) any seawater desalination(C) large direct potable reuse strategies(D) large brackish groundwater strategies(E) large aquifer storage and recovery strategies(F) all water transfers to or from out of state(G) any other innovative technology strategies the Executive Administrator considers appropriate.(h) If an RWPG does not recommend aquifer storage and recovery strategies, seawater desalination strategies, or brackish groundwater desalination strategies it must document the reason(s) in the RWP.(i) In instances where an RWPG has determined there are significant identified Water Needs in the RWPA, the RWP shall include an assessment of the potential for aquifer storage and recovery to meet those Water Needs. Each RWPG shall define the threshold to determine whether it has significant identified Water Needs. Each RWP shall include, at a minimum, a description of the methodology used to determine the threshold of significant needs. If a specific assessment is conducted, the assessment may be based on information from existing studies and shall include minimum parameters as defined in contract guidance.(j) Conservation, Drought Management Measures, and Drought Contingency Plans shall be considered by RWPGs when developing the regional plans, particularly during the process of identifying, evaluating, and recommending WMSs. RWPs shall incorporate water conservation planning and drought contingency planning in the RWPA.(1) Drought Management Measures including water demand management. RWPGs shall consider Drought Management Measures for each need identified in §357.33 of this title and shall include such measures for each user group to which Texas Water Code §11.1272 (relating to Drought Contingency Plans for Certain Applicants and Water Right Holders) applies. Impacts of the Drought Management Measures on Water Needs must be consistent with guidance provided by the Commission in its administrative rules implementing Texas Water Code §11.1272. If an RWPG does not adopt a drought management strategy for a need it must document the reason in the RWP. Nothing in this paragraph shall be construed as limiting the use of voluntary arrangements by water users to forgo water usage during drought periods.(2) Water conservation practices. RWPGs must consider water conservation practices, including potentially applicable best management practices, for each identified Water Need.(A) RWPGs shall include water conservation practices for each user group to which Texas Water Code §11.1271 and §13.146 (relating to Water Conservation Plans) apply. The impact of these water conservation practices on Water Needs must be consistent with requirements in appropriate Commission administrative rules related to Texas Water Code §11.1271 and §13.146.(B) RWPGs shall consider water conservation practices for each WUG beyond the minimum requirements of subparagraph (A) of this paragraph, whether or not the WUG is subject to Texas Water Code §11.1271 and §13.146. If RWPGs do not adopt a Water Conservation Strategy to meet an identified need, they shall document the reason in the RWP.(C) For each WUG or WWP that is to obtain water from a proposed interbasin transfer to which Texas Water Code §11.085 (relating to Interbasin Transfers) applies, RWPGs shall include a Water Conservation Strategy, pursuant to Texas Water Code §11.085(l), that will result in the highest practicable level of water conservation and efficiency achievable. For these strategies, RWPGs shall determine, and report projected water use savings in gallons per capita per day based on its determination of the highest practicable level of water conservation and efficiency achievable. RWPGs shall develop conservation strategies based on this determination. In preparing this evaluation, RWPGs shall seek the input of WUGs and WWPs as to what is the highest practicable level of conservation and efficiency achievable, in their opinion, and take that input into consideration. RWPGs shall develop water conservation strategies consistent with guidance provided by the Commission in its administrative rules that implement Texas Water Code §11.085. When developing water conservation strategies, the RWPGs must consider potentially applicable best management practices. Strategy evaluation in accordance with this section shall include a quantitative description of the quantity, cost, and reliability of the water estimated to be conserved under the highest practicable level of water conservation and efficiency achievable.(D) RWPGs shall consider strategies to address any issues identified in the information compiled by the Board from the water loss audits performed by Retail Public Utilities pursuant to §358.6 of this title (relating to Water Loss Audits).(3) RWPGs shall recommend Gallons Per Capita Per Day goal(s) for each municipal WUG or specified groupings of municipal WUGs. Goals must be recommended for each planning decade and may be a specific goal or a range of values. At a minimum, the RWPs shall include Gallons Per Capita Per Day goals based on drought conditions to align with guidance principles in §358.3 of this title (relating to Guidance Principles).(k) RWPs shall include a subchapter consolidating the RWPG's recommendations regarding water conservation. RWPGs shall include in the RWPs model Water Conservation Plans pursuant to Texas Water Code §11.1271. Source Note: The provisions of this §357.34 adopted to be effective August 12, 2012, 37 TexReg 5797; amended to be effective December 8, 2016, 41 TexReg 9589; amended to be effective June 28, 2020, 45 TexReg 4211; amended to be effective May 1, 2022, 47 TexReg 2527; amended to be effective July 3, 2024, 49 TexReg 4795. 10 TEXAS WATER DEVELOPMENT BOARD 357 REGIONAL WATER PLANNING C PLANNING ACTIVITIES FOR NEEDS ANALYSIS AND STRATEGY RECOMMENDATIONS §357.34 Identification and Evaluation of Potentially Feasible Water Management Strategies and Water Management Strategy Projects https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=181467&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 181467 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=181467&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 181467 03/11/2026 (a) RWPGs shall recommend WMSs and the WMSPs required to implement those WMSs to be used during a Drought of Record based on the potentially feasible WMSs evaluated under §357.34 of this title (relating to Identification and Evaluation of Potentially Feasible Water Management Strategies and Water Management Strategy Projects).(b) RWPGs shall recommend specific WMSs and WMSPs based upon the identification, analysis, and comparison of WMSs by the RWPG that the RWPG determines are potentially feasible so that the cost effective WMSs that are environmentally sensitive are considered and adopted unless an RWPG demonstrates that adoption of such WMSs is inappropriate. To determine cost-effectiveness and environmental sensitivity, RWPGs shall follow processes described in §357.34 of this title. The RWP may include Alternative WMSs evaluated by the processes described in §357.34 of this title.(c) Strategies shall be selected by the RWPGs so that cost effective WMSs, which are consistent with long-term protection of the state's water resources, agricultural resources, and natural resources are adopted.(d) RWPGs shall identify and recommend WMSs for all WUGs and WWPs with identified Water Needs and that meet all Water Needs during the Drought of Record except in cases where:(1) no WMS is feasible. In such cases, RWPGs must explain why no WMSs are feasible; or(2) a Political Subdivision that provides water supply other than water supply corporations, counties, or river authorities explicitly does not participate in the regional water planning process for needs located within its boundaries or extraterritorial jurisdiction.(e) Specific recommendations of WMSs to meet an identified need shall not be shown as meeting a need for a Political Subdivision if the Political Subdivision in question objects to inclusion of the strategy for the Political Subdivision and specifies its reasons for such objection. This does not prevent the inclusion of the strategy to meet other needs.(f) Recommended strategies shall protect existing water rights, water contracts, and option agreements, but may consider potential amendments of water rights, contracts and agreements, which would require the eventual consent of the owner.(g) RWPGs shall report the following:(1) Recommended WMSs, recommended WMSPs, and the associated results of all the potentially feasible WMS evaluations by WUG and MWP. If a WUG lies in one or more counties or RWPAs or river basins, data shall be reported for each river basin, RWPA, and county.(2) Calculated planning management supply factors for each WUG and MWP included in the RWP assuming all recommended WMSs are implemented. This calculation shall be based on the sum of: the total existing water supplies, plus all water supplies from recommended WMSs for each entity; divided by that entity's total projected Water Demand, within the Planning Decade. The resulting calculated management supply factor shall be presented in the plan by entity and decade for every WUG and MWP. Calculating planning management supply factors is for reporting purposes only.(3) Fully evaluated Alternative WMSs and associated WMSPs included in the adopted RWP shall be presented together in one place in the RWP. Source Note: The provisions of this §357.35 adopted to be effective August 12, 2012, 37 TexReg 5797; amended to be effective December 8, 2016, 41 TexReg 9589. 10 TEXAS WATER DEVELOPMENT BOARD 357 REGIONAL WATER PLANNING C PLANNING ACTIVITIES FOR NEEDS ANALYSIS AND STRATEGY RECOMMENDATIONS §357.35 Recommended and Alternative Water Management Strategies and Water Management Strategy Projects https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=181470&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 181470 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=181470&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 181470 03/11/2026 (a) RWPs shall include a quantitative description of the socioeconomic impacts of not meeting the identified Water Needs pursuant to §357.33(c) of this title (relating to Needs Analysis: Comparison of Water Supplies and Demands).(b) RWPs shall include a description of the impacts of the RWP regarding:(1) Agricultural resources pursuant to §357.34(e)(3)(C) of this title (relating to Identification and Evaluation of Potentially Feasible Water Management Strategies);(2) Other water resources of the state including other WMSs and groundwater and surface water interrelationships pursuant to §357.34(e)(4) of this title;(3) Threats to agricultural and natural resources identified pursuant to §357.34(e)(5) of this title;(4) Third-party social and economic impacts resulting from voluntary redistributions of water including analysis of third-party impacts of moving water from rural and agricultural areas pursuant to §357.34(e)(7) of this title;(5) Major impacts of recommended WMSs on key parameters of water quality pursuant to §357.34(e)(8) of this title; and(6) Effects on navigation.(c) RWPs shall include a summary of the identified Water Needs that remain unmet by the RWP. Source Note: The provisions of this §357.40 adopted to be effective August 12, 2012, 37 TexReg 5797; amended to be effective December 8, 2016, 41 TexReg 9589. 10 TEXAS WATER DEVELOPMENT BOARD 357 REGIONAL WATER PLANNING D IMPACTS, DROUGHT RESPONSE, POLICY RECOMMENDATIONS, AND IMPLEMENTATION §357.40 Impacts of Regional Water Plan https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=158097&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 158097 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=158097&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 158097 03/11/2026 RWPGs shall describe how RWPs are consistent with the long-term protection of the state's water resources, agricultural resources, and natural resources as embodied in the guidance principles in §358.3(4) and (8) of this title (relating to Guidance Principles). Source Note: The provisions of this §357.41 adopted to be effective August 12, 2012, 37 TexReg 5797. 10 TEXAS WATER DEVELOPMENT BOARD 357 REGIONAL WATER PLANNING D IMPACTS, DROUGHT RESPONSE, POLICY RECOMMENDATIONS, AND IMPLEMENTATION §357.41 Consistency with Long-Term Protection of Water Resources, Agricultural Resources, and Natural Resources https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208739&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 208739 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208739&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 208739 03/11/2026 (a) RWPs shall consolidate and present information on current and planned preparations for, and responses to, drought conditions in the region including, but not limited to, Drought of Record conditions based on the following subsections.(b) RWPGs shall conduct an assessment of current preparations for drought within the RWPA. This may include information from local Drought Contingency Plans. The assessment shall include:(1) A description of how water suppliers in the RWPA identify and respond to the onset of drought; and(2) Identification of unnecessary or counterproductive variations in drought response strategies among water suppliers that may confuse the public or impede drought response efforts. At a minimum, RWPGs shall review and summarize drought response efforts for neighboring communities including the differences in the implementation of outdoor watering restrictions.(c) RWPGs shall identify drought response triggers and actions regarding the management of existing groundwater and surface water sources in the RWPA designated in accordance with §357.32 of this title (relating to Water Supply Analysis), including:(1) Factors specific to each source of water supply to be considered in determining whether to initiate a drought response for each water source including specific recommended drought response triggers;(2) Actions to be taken as part of the drought response by the manager of each water source and the entities relying on each source, including the number of drought stages; and(3) Triggers and actions developed in paragraphs (1) and (2) of this subsection may consider existing triggers and actions associated with existing Drought Contingency Plans.(d) RWPGs shall collect information on existing major water infrastructure facilities that may be used for interconnections in event of an emergency shortage of water. At a minimum, the RWP shall include a general description of the methodology used to collect the information, the number of existing and potential emergency interconnects in the RWPA, and a list of which entities are connected to each other. In accordance with Texas Water Code §16.053(r), certain information regarding water infrastructure facilities is excepted from the Public Information Act, Texas Government Code, Chapter 552. Any excepted information collected shall be submitted separately to the EA in accordance with guidance to be provided by EA.(e) RWPGs may provide general descriptions of local Drought Contingency Plans that involve making emergency connections between water systems or WWP systems that do not include locations or descriptions of facilities that are disallowed under subsection (d) of this section.(f) RWPGs may designate recommended and alternative Drought Management Water Management Strategies and other recommended drought measures in the RWP including:(1) List and description of the recommended Drought Management Water Management Strategies and associated WUGs and WWPs, if any, that are recommended by the RWPG. Information to include associated triggers to initiate each of the recommended Drought Management WMSs;(2) List and description of alternative Drought Management WMSs and associated WUGs and WWPs, if any, that are included in the plan. Information to include associated triggers to initiate each of the alternative Drought Management WMSs;(3) List of all potentially feasible Drought Management WMSs that were considered or evaluated by the RWPG but not recommended; and(4) List and summary of any other recommended Drought Management Measures, if any, that are included in the RWP, including associated triggers if applicable.(g) The RWPGs shall evaluate potential emergency responses to local drought conditions or loss of existing water supplies; the evaluation shall include identification of potential alternative water sources that may be considered for temporary emergency use by WUGs and WWPs in the event that the Existing Water Supply sources become temporarily unavailable to the WUGs and WWPs due to unforeseeable hydrologic conditions such as emergency water right curtailment, unanticipated loss of reservoir conservation storage, or other localized drought impacts. RWPGs shall evaluate, at a minimum, municipal WUGs that:(1) have existing populations less than 7,500;(2) rely on a sole source for its water supply regardless of whether the water is provided by a WWP; and(3) all County-Other WUGs.(h) RWPGs shall consider any relevant recommendations from the Drought Preparedness Council.(i) RWPGs may make drought preparation and response recommendations regarding:(1) Development of, content contained within, and implementation of local Drought Contingency Plans required by the Commission;(2) Current drought management preparations in the RWPA including:(A) drought response triggers; and(B) responses to drought conditions;(3) The Drought Preparedness Council and the State Drought Preparedness Plan; and(4) Any other general recommendations regarding drought management in the region or state.(j) The RWPGs shall develop region-specific model Drought Contingency Plans. Source Note: The provisions of this §357.42 adopted to be effective August 12, 2012, 37 TexReg 5797; amended to be effective December 8, 2016, 41 TexReg 9589; amended to be effective June 28, 2020, 45 TexReg 4211; amended to be effective May 1, 2022, 47 TexReg 2527. 10 TEXAS WATER DEVELOPMENT BOARD 357 REGIONAL WATER PLANNING D IMPACTS, DROUGHT RESPONSE, POLICY RECOMMENDATIONS, AND IMPLEMENTATION §357.42 Drought Response Information, Activities, and Recommendations https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199919&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199919 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199919&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199919 03/11/2026 (a) The RWPs shall contain any regulatory, administrative, or legislative recommendations developed by the RWPGs.(b) Ecologically Unique River and Stream Segments. RWPGs may include in adopted RWPs recommendations for all or parts of river and stream segments of unique ecological value located within the RWPA by preparing a recommendation package consisting of a physical description giving the location of the stream segment, maps, and photographs of the stream segment and a site characterization of the stream segment documented by supporting literature and data. The recommendation package shall address each of the criteria for designation of river and stream segments of ecological value found in this subsection. The RWPG shall forward the recommendation package to the Texas Parks and Wildlife Department and allow the Texas Parks and Wildlife Department 30 days for its written evaluation of the recommendation. The adopted RWP shall include, if available, Texas Parks and Wildlife Department's written evaluation of each river and stream segment recommended as a river or stream segment of unique ecological value.(1) An RWPG may recommend a river or stream segment as being of unique ecological value based upon the criteria set forth in §358.2 of this title (relating to Definitions).(2) For every river and stream segment that has been designated as a unique river or stream segment by the legislature, including during a session that ends not less than one year before the required date of submittal of an adopted RWP to the Board, or recommended as a unique river or stream segment in the RWP, the RWPG shall assess the impact of the RWP on these segments. The assessment shall be a quantitative analysis of the impact of the plan on the flows important to the river or stream segment, as determined by the RWPG, comparing current conditions to conditions with implementation of all recommended WMSs. The assessment shall also describe the impact of the plan on the unique features cited in the region's recommendation of that segment.(c) Unique Sites for Reservoir Construction. An RWPG may recommend sites of unique value for construction of reservoirs by including descriptions of the sites, reasons for the unique designation and expected beneficiaries of the water supply to be developed at the site. The criteria at §358.2 of this title shall be used to determine if a site is unique for reservoir construction.(d) Any other recommendations that the RWPG believes are needed and desirable to achieve the stated goals of state and regional water planning including to facilitate the orderly development, management, and conservation of water resources and prepare for and respond to drought conditions. This may include recommendations that the RWPG believes would improve the state and regional water planning process.(e) RWPGs may develop information as to the potential impacts of any proposed changes in law prior to or after changes are enacted.(f) RWPGs should consider making legislative recommendations to facilitate more voluntary water transfers in the region. Source Note: The provisions of this §357.43 adopted to be effective August 12, 2012, 37 TexReg 5797; amended to be effective December 8, 2016, 41 TexReg 9589; amended to be effective June 28, 2020, 45 TexReg 4211. 10 TEXAS WATER DEVELOPMENT BOARD 357 REGIONAL WATER PLANNING D IMPACTS, DROUGHT RESPONSE, POLICY RECOMMENDATIONS, AND IMPLEMENTATION §357.43 Regulatory, Administrative, or Legislative Recommendations https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199920&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199920 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199920&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199920 03/11/2026 (a) RWPGs shall describe the level of implementation of previously recommended WMSs and associated impediments to implementation in accordance with guidance provided by the board. Information on the progress of implementation of all WMSs that were recommended in the previous RWP, including conservation and Drought Management WMSs; and the implementation of WMSPs that have affected progress in meeting the state's future water needs.(b) RWPGs shall assess the progress of the RWPA in encouraging cooperation between WUGs for the purpose of achieving economies of scale and otherwise incentivizing WMSs that benefit the entire RWPA. This assessment of regionalization shall include:(1) The number of recommended WMSs in the previously adopted and current RWPs that serve more than one WUG;(2) The number of recommended WMSs in the previously adopted RWP that serve more than one WUG and have been implemented since the previously adopted RWP; and.(3) A description of efforts the RWPG has made to encourage WMSs and WMSPs that serve more than one WUG, and that benefit the entire region.(c) RWPGs shall provide a brief summary of how the RWP differs from the previously adopted RWP with regards to:(1) Water Demand projections;(2) Drought of Record and hydrologic and modeling assumptions used in planning for the region;(3) Groundwater and surface water Availability, Existing Water Supplies, and identified Water Needs for WUGs and WWPs; and(4) Recommended and Alternative WMSs and WMSPs. Source Note: The provisions of this §357.45 adopted to be effective August 12, 2012, 37 TexReg 5797; amended to be effective December 8, 2016, 41 TexReg 9589; amended to be effective April 11, 2018, 43 TexReg 2158; amended to be effective June 28, 2020, 45 TexReg 4211. 10 TEXAS WATER DEVELOPMENT BOARD 357 REGIONAL WATER PLANNING D IMPACTS, DROUGHT RESPONSE, POLICY RECOMMENDATIONS, AND IMPLEMENTATION §357.45 Implementation and Comparison to Previous Regional Water Plan https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208740&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 208740 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208740&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 208740 03/11/2026 (a) The RWPGs shall submit their adopted RWPs to the Board every five years on a date to be disseminated by the EA, as modified by subsection (g)(2) of this section, for approval and inclusion in the State Water Plan.(b) Prior to the adoption of the RWP, the RWPGs shall submit concurrently to the EA and the public an IPP. The IPP submitted to the EA must be in the electronic and paper format specified by the EA. Each RWPG must certify that the IPP is complete and adopted by the RWPG. In the instance of a recommended WMS proposed to be supplied from a different RWPA, the RWPG recommending such strategy shall submit, concurrently with the submission of the IPP to the EA, a copy of the IPP, or a letter identifying the WMS in the other region along with an internet link to the IPP, to the RWPG associated with the location of such strategy.(c) The RWPGs shall distribute the IPP in accordance with §357.21(h)(7) of this title (relating to Notice and Public Participation).(d) Within 60 days of the submission of IPPs to the EA, the RWPGs shall submit to the EA, and the other affected RWPG, in writing, the identification of potential Interregional Conflicts by:(1) identifying the specific recommended WMS from another RWPG's IPP;(2) providing a statement of why the RWPG considers there to be an Interregional Conflict; and(3) providing any other information available to the RWPG that is relevant to the Board's decision.(e) The RWPGs shall seek to resolve conflicts with other RWPGs and shall promptly and actively participate in any Board sponsored efforts to resolve Interregional Conflicts.(f) The RWPGs shall solicit, and consider the following comments when adopting an RWP:(1) the EA's written comments, which shall be provided to the RWPG within 120 days of receipt of the IPP; and(2) any written or oral comments received from any federal agency, Texas state agency, or the public after the first public hearing notice is published until at least 60 days after the public hearing is held pursuant to §357.21(h) of this title.(3) The RWPGs shall revise their IPPs to incorporate negotiated resolutions or Board resolutions of any Interregional Conflicts into their final adopted RWPs.(4) In the event that the Board has not resolved an Interregional Conflict sufficiently early to allow an involved RWPG to modify and adopt its final RWP by the statutory deadline, all RWPGs involved in the conflict shall proceed with adoption of their RWP by excluding the relevant recommended WMS and all language relevant to the conflict and include language in the RWP explaining the unresolved Interregional Conflict and acknowledging that the RWPG may be required to revise or amend its RWP in accordance with a negotiated or Board resolution of an Interregional Conflict.(g) Submittal of RWPs. RWPGs shall submit the IPP and the adopted RWPs and amendments to approved RWPs to the EA in conformance with this section.(1) RWPs shall include:(A) The technical report and data prepared in accordance with this chapter and the EA's specifications;(B) An executive summary that documents key RWP findings and recommendations;(C) Documentation of the RWPG's interregional coordination efforts; and(D) A copy of the EA's comments on the IPP and summaries of all written and oral comments received pursuant to subsection (f) of this section, with a response by the RWPG explaining how the plan was revised or why changes were not warranted in response to written comments received under subsection (f) of this section.(2) RWPGs shall submit RWPs to the EA according to the following schedule:(A) IPPs are due every five years on a date disseminated by the EA unless an extension is approved, in writing, by the EA.(B) Prior to submission of the IPP, the RWPGs shall upload all required data, metadata and all other relevant digital information supporting the plan to the Board's State Water Planning Database. All changes and corrections to this information must be entered into the Board's State Water Planning Database prior to submittal of a final adopted plan.(C) The RWPG shall transfer copies of all data, models, and reports generated by the planning process and used in developing the RWP to the EA. To the maximum extent possible, data shall be transferred in digital form according to specifications provided by the EA. One copy of all reports prepared by the RWPG shall be provided in digital format according to specifications provided by the EA. All digital mapping shall use a geographic information system according to specifications provided by the EA. The EA shall seek the input from the State Geographic Information Officer regarding specifications mentioned in this section.(D) Adopted RWPs are due to the EA every five years on a date disseminated by the EA unless, at the discretion of the EA, a time extension is granted consistent with the timelines in Texas Water Code §16.053(i).(E) Once approved by the Board, RWPs shall be made available on the Board website.(h) Upon receipt of an RWP adopted by the RWPG, the Board shall consider approval of such plan based on the following criteria:(1) verified adoption of the RWP by the RWPG; and(2) verified incorporation of any negotiated resolution or Board resolution of any Interregional Conflicts, or in the event that an Interregional Conflict is not yet resolved, verified exclusion of the relevant recommended WMS and all language relevant to the conflict.(i) Approval of RWPs by the Board. The Board may approve an RWP only after it has determined that the RWP complies with statute and rules.(j) The Board shall consider approval of an RWP that includes unmet municipal Water Needs provided that the RWPG includes adequate justification, including that the RWP:(1) documents that the RWPG considered all potentially feasible WMSs, including Drought Management WMSs and contains an explanation why additional conservation and/or Drought Management WMSs were not recommended to address the need;(2) describes how, in the event of a repeat of the Drought of Record, the municipal WUGs associated with the unmet need shall ensure the public health, safety, and welfare in each Planning Decade that has an unmet need; and(3) explains whether there may be occasion, prior to development of the next IPP, to amend the RWP to address all or a portion of the unmet need.(k) Board Adoption of State Water Plan. RWPs approved by the Board pursuant to this chapter shall be incorporated into the State Water Plan as outlined in §358.4 of this title (relating to Guidelines). Source Note: The provisions of this §357.50 adopted to be effective August 12, 2012, 37 TexReg 5797; amended to be effective November 30, 2015, 40 TexReg 8648; amended to be effective December 8, 2016, 41 TexReg 9589; amended to be effective May 1, 2022, 47 TexReg 2527. 10 TEXAS WATER DEVELOPMENT BOARD 357 REGIONAL WATER PLANNING E ADOPTION, SUBMITTAL, AND AMENDMENTS TO REGIONAL WATER PLANS §357.50 Adoption, Submittal, and Approval of Regional Water Plans https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208741&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 208741 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208741&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 208741 03/11/2026 (a) Local Water Planning Amendment Requests. A Political Subdivision in the RWPA may request an RWPG to consider specific changes to an adopted RWP based on changed conditions or new information. An RWPG must formally consider such request within 180 days after its receipt and shall amend its adopted RWP if it determines an amendment is warranted. If the Political Subdivision is not satisfied with the RWPG's decision on the issue, it may file a petition with the EA to request Board review the decision and consider changing the approved RWP. The Political Subdivision shall send a copy of the petition to the chair of the affected RWPG.(1) The petition must state:(A) the changed condition or new information that affects the approved RWP;(B) the specific sections and provisions of the approved RWP that are affected by the changed condition or new information;(C) the efforts made by the Political Subdivision to work with the RWPG to obtain an amendment; and(D) the proposed amendment to the approved RWP.(2) If the EA determines that the changed condition or new information warrants a change in the approved RWP, the EA shall request the RWPG to consider making the appropriate change and provide the reason in writing. The Political Subdivision that submitted the petition shall receive notice of any action requested of the RWPG by the EA. If the RWPG does not amend its plan consistent with the request within 90 days, it shall provide a written explanation to the EA, after which the EA shall present the issue to the Board for consideration at a public meeting. Before presenting the issue to the Board, the EA shall provide the RWPG, the Political Subdivision submitting the petition, and any Political Subdivision determined by the EA to be affected by the issue 30 days notice. At the public meeting, the Board may direct the RWPG to amend its RWP based on the local Political Subdivision's request.(b) Major Amendments to RWPs and State Water Plan. An RWPG may amend an adopted RWP at any meeting, after giving notice for a major amendment and holding a hearing according to §357.21(g)(3) of this title (relating to Notice and Public Participation). An amendment is major if it does not meet the criteria of subsection (c), (d) or (e) of this section. An RWPG may propose amendments to an approved RWP by submitting proposed amendments to the Board for its consideration and possible approval under the standards and procedures of this section.(1) Initiation of a Major Amendment. An entity may request an RWPG amend its adopted RWP. An RWPG's consideration for action to initiate an amendment may occur at a regularly scheduled meeting.(2) RWPG Public Hearing. The RWPG shall hold a public hearing on the amendment pursuant to §357.21(g)(3) of this title. The amendment shall be available for agency and public comment at least seven days prior to the public hearing and 30 days following the public hearing as required by §357.21(g)(3) of this title.(3) The proposed major amendment:(A) Shall not result in an over-allocation of an existing or planned source of water; and(B) Shall conform with rules applicable to RWP development as defined in Subchapters C and D of this chapter.(4) RWPG Major Amendment Adoption. The RWPG may adopt the amendment at a regularly scheduled RWPG meeting pursuant to §357.21(g)(1) after the public hearing held in accordance with §357.21(g)(3). The amendment shall include response to comments received.(5) Board Approval of Major Amendment. After adoption of the major amendment, the RWPG shall submit the amendment to the Board which shall consider approval of the amendment at its next regularly scheduled meeting following EA review of the amendment.(c) Minor Amendments to RWPs and State Water Plan.(1) An RWPG may amend its RWP by first providing a copy of the proposed amendment to the EA for a determination as to whether the amendment would be minor.(2) EA Pre-Adoption Review. The EA shall evaluate the proposed minor amendment prior to the RWPG's vote to adopt the amendment. An amendment is minor if it meets the following criteria:(A) does not result in over-allocation of an existing or planned source of water;(B) does not relate to a new reservoir;(C) does not increase unmet needs or produce new unmet needs in the adopted RWP unless the increase in unmet needs or new unmet needs is the result of removing infeasible WMSs and/or WMSPs in accordance with subsection (g) of this section and Texas Water Code §16.053(h)(10);(D) does not have a significant effect on instream flows, environmental flows or freshwater flows to bays and estuaries;(E) does not have a significant substantive impact on water planning or previously adopted management strategies; and(F) does not delete or change any legal requirements of the plan.(3) Determination by EA. If the EA determines that the proposed amendment is minor, EA shall notify, in writing, the RWPG as soon as practicable.(4) RWPG Public Meeting. After receipt of the written determination from the EA, the RWPG shall conduct a public meeting in accordance with §357.21(g)(2) of this title. The public shall have an opportunity to comment and the RWPG shall amend the proposed minor amendment based on public comments, as appropriate, and to comply with existing statutes and rules related to regional water planning responses. The adopted amendment shall include response to comments received.(5) Board Approval of Minor Amendment. After adoption of the minor amendment, the RWPG shall submit the amendment to the Board which shall approve the amendment at its next regularly scheduled meeting unless the amendment contradicts or is in substantial conflict with statutes and rules relating to regional water planning.(d) Amendment for Water Planning for a Clean Coal Project. An amendment to an RWP or the State Water Plan to facilitate planning for water supplies reasonably required for a clean coal project, as defined by Texas Water Code §5.001, relating to the Texas Commission on Environmental Quality, shall be adopted by the process described in this section. However, an RWPG may amend the RWP to accommodate planning for a clean coal project without a public meeting or hearing if the EA determines that:(1) the amendment does not significantly change the RWP; or(2) the amendment does not adversely affect other WMSs in the RWP.(e) Substitution of Alternative WMSs. RWPGs may substitute one or more evaluated Alternative Water Management Strategies for a recommended strategy if the strategy originally recommended is no longer recommended and the substitution of the Alternative WMS is capable of meeting the same Water Need without over-allocating any source. Before substituting an Alternative WMS, the RWPG must provide public notice in accordance with §357.21(g)(1) of this title and request written approval from the EA. If the EA approves the substitution, the RWPG must provide public notice in accordance with §357.21(g)(2) of this title before taking action to substitute the Alternative WMS.(f) In the instance of a substitution of an Alternative WMS or a proposed amendment with a recommended WMS to be supplied from a different RWPA, the RWPG recommending such strategy shall submit, concurrently with the submission of the substitution or proposed amendment to the EA, a copy of the substitution or proposed amendment to the RWPG for the location of such strategy. The provisions of sections §357.50(d), (e), (f), and (h) of this title (related to Adoption, Submittal, and Approval of Regional Water Plans) and §357.62 of this title (related to Interregional Conflicts) shall apply to substitution or amendment to the RWP in the same manner as those subdivisions apply to an IPP.(g) Amendment for Infeasible Recommended WMSs or WMSPs. Following the results of the analysis presented at a public meeting in accordance with §357.12(b) of this title (relating to General Regional Water Planning Group Responsibilities and Procedures), an RWPG shall amend an adopted RWP to remove an infeasible recommended WMS or WMSP, as defined by Texas Water Code §16.053(h)(10). The RWPG will follow the amendment processes in accordance with subsections (b), (c), or (e) of this section. An amendment for infeasible recommended WMSs or WMSPs shall be submitted to the Board by a date established by the EA. The amendment shall summarize the project components and address why they were determined to be infeasible. The amendment must also summarize any changes to unmet needs as a result of removing the infeasible WMS or WMSP. Subsequent amendments during the planning cycle for infeasible recommended WMS or WMSP may occur at the discretion of the RWPG based upon information presented to the RWPG by project sponsors.(h) Amending the State Water Plan. Following amendments of RWPs, including substitutions of Alternative WMSs, the Board shall make any necessary amendments to the State Water Plan as outlined in §358.4 of this title (relating to Guidelines).(i) Errata to RWPs. RWPGs may adopt errata to the final RWP to correct minor, non-substantive errors identified after adoption of the final RWP but prior to adoption of the corresponding State Water Plan. Before adopting errata to a final RWP, the RWPG must provide public notice and receive comments in accordance with §357.21(g)(1) of this title. Upon adoption of the errata, the RWPG shall submit to the EA an errata package containing revised pages of the RWP and public comments received. The EA will notify the RWPG within 60 days whether the errata are acceptable as errata or will need to be made through the amendment process. Source Note: The provisions of this §357.51 adopted to be effective August 12, 2012, 37 TexReg 5797; amended to be effective November 30, 2015, 40 TexReg 8648; amended to be effective December 8, 2016, 41 TexReg 9589; amended to be effective April 11, 2018, 43 TexReg 2158; amended to be effective May 1, 2022, 47 TexReg 2527. 10 TEXAS WATER DEVELOPMENT BOARD 357 REGIONAL WATER PLANNING E ADOPTION, SUBMITTAL, AND AMENDMENTS TO REGIONAL WATER PLANS §357.51 Amendments to Regional Water Plans https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=181476&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 181476 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=181476&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 181476 03/11/2026 (a) RWPGs shall submit to the development Board an RWP that is consistent with the guidance principles and guidelines outlined in §357.20 of this title (relating to Guidance Principles for State and Regional Water Planning). Information provided shall be based on data provided or approved by the Board in a format consistent with the guidelines of Subchapters C and D of this chapter and guidance by the EA.(b) For the purposes of the Texas Water Code §16.053(j) (relating to Board Financial Assistance) projects proposed to the Board for funding shall be considered to meet any need identified in an approved RWP in a manner consistent with the RWP if the project:(1) Is an enhancement of an Existing Water Supply or water source identified in the analysis developed under §357.32 of this title (relating to Water Supply Analysis) as meeting a demand, even though the project is not specifically recommended in the RWP;(2) Involves a minor modification to an existing surface water right that is not in conflict with the RWP; or(3) Is meeting a need in a manner consistent with the plan developed under Subchapters C and D of this chapter.(4) For the purposes of the Texas Water Code §16.053(j), projects proposed to the Board for funding to meet any need identified in an approved RWP for which there is not a recommended WMS in such plan shall be considered by the Board not to be consistent with the approved RWP.(5) For the purposes of the Texas Water Code §16.053(k) (relating to Board Waivers), the Board may consider, among other factors, changed conditions if a Political Subdivision requests a waiver of the Texas Water Code §16.053(j) for a project proposed to the Board for funding to meet a need in a manner that is not consistent with the manner the need is addressed in an approved RWP. The Board shall request the members of any affected RWPG to provide input on the request for waiver of the Texas Water Code §16.053(j).(c) Relation to state and local plans. RWPs shall be consistent with Chapter 358 of this title (relating to State Water Planning Guidelines) and this chapter. RWPGs shall consider and use as a guide the State Water Plan and local water plans provided for in the Texas Water Code §16.054 (relating to Local Water Planning). Source Note: The provisions of this §357.60 adopted to be effective August 12, 2012, 37 TexReg 5797; amended to be effective December 8, 2016, 41 TexReg 9589. 10 TEXAS WATER DEVELOPMENT BOARD 357 REGIONAL WATER PLANNING F CONSISTENCY AND CONFLICTS IN REGIONAL WATER PLANS §357.60 Consistency of Regional Water Plans https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=158106&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 158106 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=158106&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 158106 03/11/2026 The EA shall provide technical assistance within available resources to the RWPGs requesting such assistance in performing regional water planning activities and if requested, may facilitate resolution of conflicts within RWPAs. Source Note: The provisions of this §357.61 adopted to be effective August 12, 2012, 37 TexReg 5797. 10 TEXAS WATER DEVELOPMENT BOARD 357 REGIONAL WATER PLANNING F CONSISTENCY AND CONFLICTS IN REGIONAL WATER PLANS §357.61 Intraregional Conflicts in Development of Regional Water Plans https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208742&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 208742 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208742&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 208742 03/11/2026 (a) In the event an RWPG has asserted an interregional conflict and the Board has determined that there is a potential for a substantial adverse effect on that region, or the Board finds that an interregional conflict exists between IPPs, the EA may use the following process:(1) notify the affected RWPGs of the nature of the interregional conflict;(2) request affected RWPGs appoint a representative or representatives authorized to negotiate on behalf of the RWPG and notify the EA in writing of the appointment;(3) request affected RWPGs' assistance in resolving the conflict; and(4) negotiate resolutions of conflicts with RWPGs as determined by the EA.(b) In the event the negotiation is unsuccessful, the EA may:(1) determine a proposed recommendation for resolution of the conflict;(2) provide notice of its intent to hold a public hearing on proposed recommendations for resolution of the conflict by publishing notice of the proposed change in the Texas Register and in a newspaper of general circulation in each county located in whole or in part in the RWPAs involved in the dispute 30 days before the public hearing and by mailing notice of the public hearing 30 days before public hearing to those persons or entities listed in §357.21(h) of this title (relating to Notice and Public Participation) in the RWPAs proposed to be impacted, and to each county judge of a county located in whole or in part in the RWPAs proposed to be impacted and to each affected RWPG;(3) hold a public hearing on the proposed recommendation for resolution of the conflict at a time and place determined by the EA. At the hearing, the EA shall take comments from the RWPGs, Political Subdivisions, and members of the public on the issues identified by the Board as unresolved problems; and(4) make a recommendation to the Board for resolution of the conflict.(c) The Board shall consider the EA's recommendation and any written statements by a representative for each affected RWPG and determine the resolution of the conflict. The Board's decision is final and not appealable.(d) The EA shall notify affected RWPGs of Board's decision and shall direct changes to the affected RWPs, to be incorporated in accordance with Texas Water Code §16.053(h)(6). Source Note: The provisions of this §357.62 adopted to be effective August 12, 2012, 37 TexReg 5797; amended to be effective November 30, 2015, 40 TexReg 8648; amended to be effective December 8, 2016, 41 TexReg 9589; amended to be effective April 11, 2018, 43 TexReg 2158; amended to be effective May 1, 2022, 47 TexReg 2527. 10 TEXAS WATER DEVELOPMENT BOARD 357 REGIONAL WATER PLANNING F CONSISTENCY AND CONFLICTS IN REGIONAL WATER PLANS §357.62 Interregional Conflicts https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=158108&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 158108 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=158108&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 158108 03/11/2026 (a) In the event the Board finds that the RWP does not meet the requirements of the Texas Water Code §16.053, this chapter, and Chapter 358 of this title (relating to State Water Planning Guidelines), the Board shall direct the RWPG to make changes necessary for compliance with legal requirements.(b) In the event the Board directs the RWPG to make changes to its RWP, the RWPG may request a reasonable amount of time, within any statutory deadlines, to complete the required changes. Source Note: The provisions of this §357.63 adopted to be effective August 12, 2012, 37 TexReg 5797. 10 TEXAS WATER DEVELOPMENT BOARD 357 REGIONAL WATER PLANNING F CONSISTENCY AND CONFLICTS IN REGIONAL WATER PLANS §357.63 Failure of a Regional Water Plan to Meet Regional Water Planning Requirements https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190457&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 190457 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190457&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 190457 03/11/2026 (a) A groundwater conservation district may file a written petition with the EA stating that a potential conflict exists between the district's approved management plan developed under Texas Water Code §36.1071 (relating to Management Plans) and the approved State Water Plan. A copy of the petition shall be provided to the affected RWPG. The petition must state:(1) the specific nature of the conflict;(2) the specific sections and provisions of the approved management plan and approved State Water Plan that are in conflict; and(3) the proposed resolution to the conflict.(b) If the EA determines a conflict exists, the EA will provide technical assistance to and coordinate with the groundwater conservation district and the affected RWPG to resolve the conflict. Coordination may include any of the following processes:(1) requiring the RWPG to respond to the petition in writing;(2) meeting with representatives from the groundwater conservation district and the RWPG to informally mediate the conflict; and/or(3) coordinating a formal mediation session between representatives of the groundwater conservation district and the RWPG.(c) If the parties do not reach resolution, the EA will recommend a resolution to the conflict to the Board within 60 days of the date the mediation is completed. Notice shall be provided at least 15 days prior to the date of the Board meeting to discuss the proposed resolution. The Board may:(1) revise an approved RWP; and(2) revise a district's approved management plan.(d) If the Board requires a revision to the groundwater conservation district's approved management plan, the Board shall provide information to the groundwater conservation district on what revisions are required and why. The groundwater conservation district shall prepare any revisions to its plan based on the information provided by the Board and hold, after notice, at least one public hearing at a central location readily accessible to the public within the district. The groundwater conservation district shall consider all public and Board comments, prepare, revise, and adopt its plan, and submit the revised plan to the Board pursuant to Chapter 356 of this title (relating to Groundwater Management). If the groundwater conservation district disagrees with the decision of the Board, the district may appeal the decision to a district court in Travis County, Texas.(e) If the Board requires a revision to the approved RWP, the Board shall provide information to the RWPG on what revisions are required and why. The RWPG shall prepare the revisions as a major amendment to their approved RWP pursuant to §357.51(b) of this title. The RWPG shall hold, after notice, at least one public hearing at some central location readily accessible to the public within the regional water planning area.(f) At the Board's discretion, the Board shall include in the State Water Plan a discussion of the conflict and its resolution. Source Note: The provisions of this §357.64 adopted to be effective August 12, 2012, 37 TexReg 5797; amended to be effective December 8, 2016, 41 TexReg 9589; amended to be effective April 11, 2018, 43 TexReg 2158. 10 TEXAS WATER DEVELOPMENT BOARD 357 REGIONAL WATER PLANNING F CONSISTENCY AND CONFLICTS IN REGIONAL WATER PLANS §357.64 Conflicts Between Regional Water Plans and Groundwater Management Plans https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=158109&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 158109 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=158109&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 158109 03/11/2026 This subchapter governs the Board's preparation, development, formulation, and adoption of the state water plan. Source Note: The provisions of this §358.1 adopted to be effective August 12, 2012, 37 TexReg 5812. 10 TEXAS WATER DEVELOPMENT BOARD 358 STATE WATER PLANNING GUIDELINES A STATE WATER PLAN DEVELOPMENT §358.1 Applicability https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=158110&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 158110 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=158110&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 158110 03/11/2026 The following words and acronyms, used in this chapter, have the following meanings.(1) Board--The Texas Water Development Board.(2) Commission--The Texas Commission on Environmental Quality.(3) Regional water plan (RWP)--The plan adopted or amended by a regional water planning group pursuant to Texas Water Code §16.053 (relating to Regional Water Plans) and Chapter 357 of this title (relating to Regional Water Planning).(4) Regional water planning area--Area designated pursuant to Texas Water Code §16.053 and Chapter 357 of this title.(5) Regional water planning group (RWPG)--Group designated pursuant to Texas Water Code §16.053 and Chapter 357 of this title.(6) River and stream segments of unique ecological value--Those river or stream segments that may be identified by the Board in coordination with the Texas Parks and Wildlife Department and the Commission or identified in an approved regional water plan based on the following criteria:(A) Biological function--stream segments which display significant overall habitat value including both quantity and quality considering the degree of biodiversity, age, and uniqueness observed and including terrestrial, wetland, aquatic, or estuarine habitats;(B) Hydrologic function--stream segments which are fringed by habitats that perform valuable hydrologic functions relating to water quality, flood attenuation, flow stabilization, or groundwater recharge and discharge;(C) Riparian conservation areas--stream segments which are fringed by significant areas in public ownership including state and federal refuges, wildlife management areas, preserves, parks, mitigation areas, or other areas held by governmental organizations for conservation purposes, or stream segments which are fringed by other areas managed for conservation purposes under a governmentally approved conservation plan;(D) High water quality/exceptional aquatic life/high aesthetic value--stream segments and spring resources that are significant due to unique or critical habitats and exceptional aquatic life uses dependent on or associated with high water quality; or(E) Threatened or endangered species/unique communities--sites along stream where water development projects would have significant detrimental effects on state or federally listed threatened and endangered species; and sites along streams significant due to the presence of unique, exemplary, or unusually extensive natural communities.(7) Site of unique value for construction of reservoirs--Those sites identified by the Board in coordination with the Texas Parks and Wildlife Department and the Commission or identified in an approved regional water plan where:(A) Site-specific reservoir development is recommended as a specific water management strategy or as a unique reservoir site in an adopted regional water plan; or(B) The location, hydrologic, geologic, topographic, water availability, water quality, environmental, cultural, and current development characteristics, or other pertinent factors make the site uniquely suited for reservoir development to provide water supply for:(i) The current planning period; or(ii) Where it might reasonably be needed to meet needs beyond the 50-year planning period.(8) State drought preparedness plan--A plan, separate from the state water plan, that is developed by the Drought Preparedness Council for the purpose of mitigating the effects of drought pursuant to Texas Water Code §16.0551 (relating to State Drought Preparedness Plan).(9) State drought response plan--A plan prepared and directed by the chief of the Texas Division of Emergency Management for the purpose of managing and coordinating the drought response component of the state water plan and the state drought preparedness plan pursuant to Texas Water Code §16.055 (relating to Drought Response Plan).(10) State water plan--The most recent comprehensive statewide water plan adopted by the Board under Texas Water Code §16.051 (relating to State Water Plan).(11) Water management strategy--A plan or specific project to meet a need for additional water by a discrete user group, which can mean increasing the total water supply or maximizing an existing supply. Source Note: The provisions of this §358.2 adopted to be effective August 12, 2012, 37 TexReg 5812. 10 TEXAS WATER DEVELOPMENT BOARD 358 STATE WATER PLANNING GUIDELINES A STATE WATER PLAN DEVELOPMENT §358.2 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208743&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 208743 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208743&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 208743 03/11/2026 Development of the state water plan shall be guided by the following principles.(1) The state water plan shall provide for the preparation for and response to drought conditions.(2) The regional water plans and state water plan shall serve as water supply plans under drought of record conditions. RWPGs may, at their discretion, plan for drought conditions worse than the drought of record.(3) Consideration shall be given to the construction and improvement of surface water resources and the application of principles that result in voluntary redistribution of water resources.(4) Regional water plans shall provide for the orderly development, management, and conservation of water resources and preparation for and response to drought conditions so that sufficient water will be available at a reasonable cost to satisfy a reasonable projected use of water to ensure public health, safety, and welfare; further economic development; and protect the agricultural and natural resources of the affected regional water planning areas and the state.(5) Regional water plans shall include identification of those policies and action that may be needed to meet Texas' water supply needs and prepare for and respond to drought conditions.(6) RWPG decision-making shall be open to and accountable to the public with decisions based on accurate, objective and reliable information with full dissemination of planning results except for those matters made confidential by law.(7) The RWPG shall establish terms of participation in its water planning efforts that shall be equitable and shall not unduly hinder participation.(8) Consideration of the effect of policies, water management strategies, or water management strategy projects on the public interest of the state, water supply, and those entities involved in providing this supply throughout the entire state.(9) Consideration of all water management strategies the RWPG determined to be potentially feasible when developing plans to meet future water needs and to respond to drought so that cost effective water management strategies and water management strategy projects which are consistent with long-term protection of the state's water resources, agricultural resources, and natural resources are considered and approved.(10) Consideration of opportunities that encourage and result in voluntary transfers of water resources, including but not limited to regional water banks, sales, leases, options, subordination agreements, and financing agreements.(11) Consideration of a balance of economic, social, aesthetic, and ecological viability.(12) For regional water planning areas without approved regional water plans or water providers for which revised plans are not developed through the regional water planning process, the use of information from the adopted state water plan and other completed studies that are sufficient for water planning shall represent the water supply plan for that area or water provider.(13) All surface waters are held in trust by the state, their use is subject to rights granted and administered by the Commission, and the use of surface water is governed by the prior appropriation doctrine, unless adjudicated otherwise.(14) Existing water rights, water contracts, and option agreements shall be protected. However, potential amendments of water rights, contracts and agreements may be considered and evaluated. Any amendments will require the eventual consent of the owner.(15) The production and use of groundwater in Texas is governed by the rule of capture doctrine unless and to the extent that such production and use is regulated by a groundwater conservation district, as codified by the legislature at Texas Water Code §36.002 (relating to Ownership of Groundwater).(16) Consideration of recommendations of river and stream segments of unique ecological value to the legislature for potential protection.(17) Consideration of recommendation of sites of unique value for the construction of reservoirs to the legislature for potential protection.(18) Consideration of water planning and management activities of local, regional, state, and federal agencies, along with existing local, regional, and state water plans and information and existing state and federal programs and goals.(19) Designated water quality and related water uses as shown in the state water quality management plan shall be improved or maintained.(20) RWPGs shall actively coordinate water planning and management activities to identify common needs, issues, and opportunities for interregional water management strategies and water management strategy projects to achieve efficient use of water supplies. The Board will support RWPGs coordination to identify common needs, issues, and opportunities while working with RWPGs to resolve conflicts in a fair, equitable, and efficient manner.(21) The water management strategies and water management strategy projects identified in approved RWPs to meet needs shall be described in sufficient detail to allow a state agency making a financial or regulatory decision to determine if a proposed action before the state agency is consistent with an approved RWP.(22) The evaluation of water management strategies and water management strategy projects shall use environmental information in accordance with the Commission's adopted environmental flow standards under 30 TAC Chapter 298 (relating to Environmental Flow Standards for Surface Water) where applicable or, in basins where standards are not available or have not been adopted, information from existing site-specific studies or state consensus environmental planning criteria.(23) Consideration of environmental water needs including instream flows and bay and estuary inflows, including adjustments by the RWPGs to water management strategies to provide for environmental water needs including instream flows and bay and estuary needs. Consideration shall be consistent with the Commission's adopted environmental flow standards under 30 TAC Chapter 298 in basins where standards have been adopted.(24) Planning shall be consistent with all laws applicable to water use for the state and regional water planning area.(25) The inclusion of ongoing water development projects that have been permitted by the Commission or a predecessor agency.(26) Specific recommendations of water management strategies and water management strategy projects shall be based upon identification, analysis, and comparison of all water management strategies the RWPG determines to be potentially feasible so that the cost-effective water management strategies which are environmentally sensitive are considered and adopted unless the RWPG demonstrates that adoption of such strategies is not appropriate. To determine cost-effectiveness, the RWPGs will use the process described in §357.34(e)(3)(A) of this title (relating to Identification and Evaluation of Potentially Feasible Water Management Strategies) and, to determine environmental sensitivity, the RWPGs shall use the process described in §357.34(e)(3)(B) of this title.(27) RWPGs shall conduct their planning to achieve efficient use of existing water supplies, explore opportunities for and the benefits of developing regional water supply facilities or providing regional management of water facilities, coordinate the actions of local and regional water resource management agencies, provide substantial involvement by the public in the decision-making process, and provide full dissemination of planning results.(28) RWPGs must consider existing regional water planning efforts when developing their plans. Source Note: The provisions of this §358.3 adopted to be effective August 12, 2012, 37 TexReg 5812; amended to be effective November 30, 2015, 40 TexReg 8660; amended to be effective May 1, 2022, 47 TexReg 2547. 10 TEXAS WATER DEVELOPMENT BOARD 358 STATE WATER PLANNING GUIDELINES A STATE WATER PLAN DEVELOPMENT §358.3 Guidance Principles https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208744&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 208744 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208744&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 208744 03/11/2026 (a) The executive administrator shall prepare, develop, and formulate the state water plan and the Board shall adopt a state water plan pursuant to the schedule in Texas Water Code §16.051. The executive administrator shall identify the beginning of the 50-year planning period for the state and regional water plans. The executive administrator shall incorporate into the state water plan presented to the Board those regional water plans approved by the Board pursuant to Texas Water Code §16.053 and Chapter 357 of this title (relating to Regional Water Planning). The Board shall, not less than 30 days before adoption or amendment of the state water plan, publish notice in the Texas Register of its intent to adopt a state water plan and shall mail notice to each regional water planning group. The Board shall hold a hearing, after which it may adopt a water plan or amendments thereto. (b) The state water plan shall include summaries for the state and from approved regional water plans, when available, which shall address, at a minimum, the following topics: (1) Basis for planning, including sections on planning history, Texas water statutes, rules, regulations, and Texas' water supply institutions; (2) Description of methods used for projecting future population and water demands for municipal and associated commercial and institutional uses, and projecting future water demands for manufacturing, irrigation, steam electric power generation, mining, and livestock water uses; (3) Description of methods to address water quality problems related to water supply, to ensure public health, safety and welfare, to further economic growth, to protect agricultural and natural resources, to determine water supply availability, and to address drought response planning; (4) Description of future conditions which shall, at a minimum, include: (A) Demands for water; (B) Supplies currently available; (C) Comparison of water demand and supply to identify surpluses or needs of water; (D) Social and economic impact of not meeting needs; (E) Recommended solutions to meet needs; (F) Needs for which no feasible water management strategy exists; and (G) Descriptions in subparagraphs (A) - (F) of this paragraph shall be presented for each county and basin by the major providers of water for municipal uses and for the following water use categories: municipal and associated commercial and institutional uses; manufacturing; irrigation; steam electric power generation; mining; and livestock; (5) Consideration of recommendations of river and stream segments of unique ecological value and sites of unique value for construction of reservoirs to the legislature for potential protection; (6) Regulatory, administrative, and legislative recommendations that the Board believes are needed and desirable to facilitate the orderly development, management, and conservation of water resources, to facilitate more voluntary water transfers, and the preparation for and response to drought conditions in order that sufficient water will be available at a reasonable cost to ensure public health, safety and welfare, further economic development, and protect the agricultural and natural resources of the entire state; (7) The progress in meeting future water needs, including an evaluation of implementation of all water management strategies and projects that were recommended in the previous state water plan and projects funded by the Board; (8) Current and planned preparations for, and responses to, drought conditions in the state to be used in the development of the state's drought preparedness plan by the Drought Preparedness Council; and (9) With respect to projects included in the preceding state water plan that were given a high priority by the board for purposes of providing financial assistance under Texas Water Code, Chapter 15, Subchapter G: (A) An assessment of the extent to which the projects were implemented in the decade in which they were needed; and (B) An analysis of any impediments to the implementation of any projects that were not implemented in the decade in which they were needed. Source Note: The provisions of this §358.4 adopted to be effective August 12, 2012, 37 TexReg 5812; amended to be effective February 14, 2018, 43 TexReg 777; amended to be effective May 1, 2022, 47 TexReg 2547. 10 TEXAS WATER DEVELOPMENT BOARD 358 STATE WATER PLANNING GUIDELINES A STATE WATER PLAN DEVELOPMENT §358.4 Guidelines https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=118200&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 118200 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=118200&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 118200 03/11/2026 The executive administrator shall conduct surveys at least annually of persons and/or entities using groundwater and surface water for municipal, industrial, power generation, or mining purposes to gather data to be used for long-term water supply planning. The survey instrument will identify which responses are required and which are optional. The executive administrator will send the surveys to the appropriate recipients by first-class mail, electronic mail, or both. Recipients shall return the survey to the executive administrator within 60 days of the postmark date or electronic mail sent date. Surveys may be returned to the executive administrator electronically. The executive administrator shall determine if the survey is administratively complete. A survey is administratively complete if all required responses are provided. Incomplete surveys will be returned to the recipient, who will have 60 days from the new postmark date or electronic mail sent date to complete the items found deficient and return the survey to the executive administrator. A person or entity that fails to return their survey within 60 days or correct a survey that is not administratively complete within 60 days is ineligible for funding from board programs. Ineligibility will remain until the incomplete survey instruments are submitted to the executive administrator and determined to be administratively complete. Further, a person who fails to complete and return the survey commits an offense that is punishable as a Class C misdemeanor, pursuant to Texas Water Code §16.012(m). Source Note: The provisions of this §358.5 adopted to be effective January 2, 2002, 26 TexReg 11025; amended to be effective December 6, 2004, 29 TexReg 11366. 10 TEXAS WATER DEVELOPMENT BOARD 358 STATE WATER PLANNING GUIDELINES B DATA COLLECTION §358.5 Groundwater and Surface Water Use Surveys https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215644&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 215644 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215644&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 215644 03/11/2026 (a) Definitions. Unless otherwise indicated, in this section the following terms shall have the meanings assigned.(1) Allowed apparent loss--A unique number for allowable apparent loss calculated for each utility.(2) Annual real loss--A unique number calculated for each utility based on the utility's real loss on an annualized basis.(3) Apparent loss--Unauthorized consumption, meter inaccuracy, billing adjustments, and waivers.(4) Average system operating pressure--System operating pressure in pounds per square inch calculated using a weighted average approach as identified in the American Water Works Association M36 Manual.(5) Validation--The process of examining water loss audit inputs to identify and correct inaccuracies in water loss audit data and the application of methodology to evaluate and communicate the uncertainty inherent in water loss audit data.(6) Executive Administrator--The executive administrator of the Board.(7) Mitigation--An action or actions taken by a retail public utility to reduce the amount of total water loss in a system. Mitigation may include a detailed water loss assessment, pipe or meter replacement, or addition or improvement of monitoring devices to detect water loss.(8) Real loss--Loss from main breaks and leaks, storage tank overflows, customer service line breaks, and line leaks.(9) Retail public utility or utility--A retail public utility as defined by Texas Water Code §13.002.(10) Service connection density--The number of a retail public utility's connections on a per mile basis.(11) Total water loss--The sum of a utility's real loss and apparent loss.(b) A retail public utility that provides potable water shall perform a water loss audit and file with the executive administrator a water loss audit computing the utility's system water loss during the preceding calendar year, unless a different 12-month period is allowed by the executive administrator. The water loss audit may be submitted electronically.(1) Audit required annually. The utility must file the water loss audit with the executive administrator annually by May 1st if the utility:(A) has more than 3,300 connections; or(B) is receiving financial assistance from the board, regardless of the number of connections. A retail public utility is receiving financial assistance from the board if it has an outstanding loan, loan forgiveness agreement, or grant agreement from the board.(2) Audit required every five years. The utility must file the water loss audit with the executive administrator by May 1, 2016, and every five years thereafter by May 1st if the utility has 3,300 or fewer connections and is not receiving financial assistance from the board.(3) The water loss audit must be performed in accordance with methodologies developed by the executive administrator based on the population served by the utility and taking into consideration the financial feasibility of performing the water loss audit, population density in the service area, the retail public utility's source of water supply, the mean income of the service population, and any other factors determined by the executive administrator. The executive administrator will provide the necessary forms and methodologies to the retail public utility.(4) A water loss audit must be performed by a person who has completed water loss audit training developed by the executive administrator. The executive administrator will make such training available without charge on the agency website and may also provide such training in person or by video.(5) Effective January 1, 2025, a utility required to submit a water loss audit annually as described in paragraph (1)(B) of this subsection or that is applying for financial assistance will be required to have its most current water loss audit validated within three months of submittal or prior to consideration of a request for financial assistance from the board. The executive administrator will validate the submitted water loss audit in conference with the retail public utility. Alternatively, the utility may elect to have the water loss audit validated by a person other than the executive administrator. Should a water loss audit be validated by a person other than the executive administrator's staff, validation must follow TWDB's validation guidelines and be performed by a person other than the person submitting the water loss audit, who has completed water loss audit validation training and is certified to conduct such validation.(c) The executive administrator shall determine if the water loss audit is administratively complete. A water loss audit is administratively complete if all required responses are provided, the audit is completed by a person who has been trained to conduct water loss auditing as described in subsection (b)(4) of this section, and the audit has been validated as described in subsection (b)(5) of this section. In the event the executive administrator determines that a retail public utility's water loss audit is incomplete, the executive administrator shall notify the utility.(d) A retail public utility that provides potable water that fails to submit a water loss audit or that fails to correct a water loss audit that is not administratively complete within the timeframe provided by the executive administrator is ineligible for financial assistance for water supply projects under Texas Water Code, Chapter 15, Subchapters C, D, E, F, G, H, J, O, Q, and R; Chapter 16, Subchapters E and F; and Chapter 17, Subchapters D, I, K, and L. The retail public utility will remain ineligible for financial assistance until a complete water loss audit has been filed with and accepted by the executive administrator.(e) The following thresholds shall apply to certain retail public utilities:(1) For a retail public utility with a service connection density more than or equal to 32 connections per mile:(A) Apparent loss expressed as gallons per connection per day must be less than the utility's allowed apparent loss.(B) Real loss expressed as gallons per connection per day must be less than 30 gallons per connection per day.(2) For a retail public utility with a service connection density less than 32 connections per mile:(A) Apparent loss expressed as gallons per connection per day must be less than the utility's allowed apparent loss.(B) Real loss expressed as gallons per connection per day must be less than 57 gallons per connection per day.(3) For a utility that has a volume of wholesale water sales that flow through the retail water distribution system:(A) Apparent loss expressed as gallons per connection per day must be less than the utility's allowed apparent loss.(B) Real loss, expressed as gallons per connection per day and including a wholesale factor that takes into account the wholesale water volume, must be less than the applicable real loss threshold described in subsections (e)(1)(B) or (e)(2)(B) of this section.(f) If a retail public utility's total water loss meets or exceeds the threshold for that utility, the retail public utility must use a portion of any financial assistance received from the board for a water supply project to mitigate the utility's water loss. Mitigation will be in a manner determined by the retail public utility and the executive administrator in conjunction with the project proposed by the utility and funded by the board. On the request of a retail public utility, the board may waive the requirements of this subsection if the board finds that the utility is satisfactorily mitigating the utility's system water loss. The request for waiver should be addressed to the executive administrator and include information about the utility's current or planned activities to mitigate their water loss and their source of funding for that mitigation.(g) The Board will provide technical assistance to retail public utilities to conduct water loss audits required to be submitted to the Board and to apply for financial assistance from the Board to mitigate a retail public utility's water loss.(1) A retail public utility required to conduct and submit to the executive administrator a water loss audit in accordance with the provisions of this subchapter may request from the Board assistance to:(A) conduct a water loss audit as required by this subchapter; or(B) apply for financial assistance from the Board to mitigate a retail public utility system's total water loss, as determined by a recent water loss audit.(2) In complying with the requirements in paragraph (1) of this subsection, the Board may contract with or partner with other entities as permitted by law to conduct the water loss audit of a retail public utility or contract with or partner with other entities to assist with an eligible retail public water utility's application to the Board for financial assistance to mitigate a system's total water loss, as determined by a recent water loss audit.(h) The executive administrator shall prioritize technical assistance offered by the Board according to the criteria identified in Texas Water Code §16.0121(k) including:(1) the water loss audits submitted to the Board;(2) the population served by the retail public utility;(3) the system integrity of the retail public utility as evidenced by the quality of data submitted in its water loss audit; and(4) other relevant factors as determined by the Executive Administrator.(i) The executive administrator shall publicly post on the Board's official website a summary of:(1) the information included in the water audits required by Texas Water Code §16.0121(b) and §16.0121(b-1) according to category of retail public utility and according to regional water planning area;(2) the measures taken by retail public utilities to reduce water loss; and(3) a list of those retail public utilities receiving technical assistance as established under subsection (g) of this section, including details related to use of the Board's financial assistance to mitigate a retail public utility's total water loss. Source Note: The provisions of this §358.6 adopted to be effective December 6, 2004, 29 TexReg 11366; amended to be effective February 15, 2012, 37 TexReg 708; amended to be effective February 12, 2014, 39 TexReg 769; amended to be effective December 10, 2014, 39 TexReg 9592; amended to be effective May 25, 2016, 41 TexReg 3743; amended to be effective February 14, 2018, 43 TexReg 777; amended to be effective March 1, 2023, 48 TexReg 1134; amended to be effective November 30, 2023, 48 TexReg 6919. 10 TEXAS WATER DEVELOPMENT BOARD 358 STATE WATER PLANNING GUIDELINES B DATA COLLECTION §358.6 Water Loss Audits https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=31157&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 31157 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=31157&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 31157 03/11/2026 These sections are proposed to establish and administer the Texas Water Bank in accordance with the Texas Water Code, Chapter 15, Subchapter K. The board shall administer the water bank to facilitate water transactions to provide sources of adequate water supplies for use within the State of Texas. The adoption of these rules is not intended to prevent any person from selling or leasing water or water rights by transactions outside the purview of the water bank or duly-established regional water banks, where such transactions are otherwise allowed by law. Source Note: The provisions of this §359.1 adopted to be effective May 13, 1994, 19 TexReg 3257; amended to be effective February 4, 1998, 23 TexReg 782. 10 TEXAS WATER DEVELOPMENT BOARD 359 WATER BANKING §359.1 Purpose https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=102780&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 102780 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=102780&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 102780 03/11/2026 The following words and terms when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise:(1) Administrator--The executive administrator of the Texas Water Development Board or designated representative(s).(2) Bank--The Texas Water Bank, including regional banks established pursuant to this subchapter.(3) Board--The Texas Water Development Board.(4) Commission--The Texas Commission on Environmental Quality.(5) Conserved water--That amount of water saved by a holder of an existing permit, certified filing, or certificate of adjudication through practices, techniques, and technologies that would otherwise be irretrievably lost to all consumptive beneficial uses arising from storage, transportation, distribution, or application. Additionally, that amount of ground water made available for alternative or future uses through practices, techniques, and technologies that reduce the consumption of ground water, reduce the loss or waste of ground water, improve the efficiency in use of ground water, or increase the availability of ground water through recycling or reuse.(6) Department--The Texas Parks and Wildlife Department.(7) Deposit--The authorized placement of a water right or the right to use water in the bank for transfer.(8) Depositor--A person who deposits or has on deposit a water right in the bank.(9) Lease--To convey by contract the right to use water for a specified time period in accordance with the authorized right and other applicable law.(10) Person--Includes, but is not limited to, any individual, corporation, organization, government, or governmental subdivision or agency, including the board, business trust, estate, trust, partnership, association, and any other legal entity.(11) Political subdivision--A state agency, a county, city, or other body politic or corporate of the state, including any district or authority created under the Texas Constitution, Article III, §52, or Article XVI, §59, and including any interstate compact commission to which the state is a party and any nonprofit water supply corporation created and operating under Acts of the 43rd Legislature, Chapter 76, First Called Session, 1933 (Texas Civil Statutes, Article 1434a).(12) Transfer--The conveyance of a water right or the right to use water under a water right in any of the following manners:(A) the conveyance of legal title to a water right; or(B) a contract or option contract to allow use of a water right.(13) Water right--A right acquired or authorized under the laws of this state to impound, divert, or use state water, underground water, or water from any source to the extent authorized by law. Source Note: The provisions of this §359.2 adopted to be effective May 13, 1994, 19 TexReg 3257; amended to be effective February 4, 1998, 23 TexReg 782; amended to be effective June 10, 2003, 28 TexReg 4431. 10 TEXAS WATER DEVELOPMENT BOARD 359 WATER BANKING §359.2 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=68536&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 68536 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=68536&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 68536 03/11/2026 The board may purchase, lease, hold, accept as a gift, and transfer water, water rights or the right to use water as necessary to operate the bank and facilitate the transfer of water, water rights or the right to use water from the bank for future beneficial use in Texas, including accepting and holding donations of water rights to meet instream, water quality, fish and wildlife habitat, or bay and estuary inflow needs in accordance with state law. Source Note: The provisions of this §359.3 adopted to be effective May 13, 1994, 19 TexReg 3257; amended to be effective February 4, 1998, 23 TexReg 782; amended to be effective November 9, 1999, 24 TexReg 9843. 10 TEXAS WATER DEVELOPMENT BOARD 359 WATER BANKING §359.3 Board Acquisition of Water and Water Rights https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19171&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19171 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19171&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19171 03/11/2026 Unless otherwise specified by Texas Water Code, Chapter 15, Subchapter K, transfers through the bank do not eliminate the requirement to comply with the provisions of Texas Water Code, Chapter 11, and other applicable law. Source Note: The provisions of this §359.4 adopted to be effective May 13, 1994, 19 TexReg 3257. 10 TEXAS WATER DEVELOPMENT BOARD 359 WATER BANKING §359.4 Other Applicable Law https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19184&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19184 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19184&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19184 03/11/2026 A potential depositor shall file a completed application for deposit with the administrator on forms or in a format provided by the administrator and provide such information as the administrator may require to evaluate the proposed application for deposit. The administrator shall notify the potential depositor within 30 calendar days of receipt of the application for deposit if additional information is needed to complete the application. The date of deposit is the date of receipt of a completed application for deposit. Within 30 calendar days following the receipt of a completed application for deposit, the administrator shall notify the executive director of the commission and depositor of the acceptance or refusal of the deposit. Source Note: The provisions of this §359.5 adopted to be effective May 13, 1994, 19 TexReg 3257. 10 TEXAS WATER DEVELOPMENT BOARD 359 WATER BANKING §359.5 Procedures for Deposit https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19180&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19180 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19180&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19180 03/11/2026 The administrator may withdraw a deposit where the administrator finds the deposit to be:(1) representative of a water right, or portion thereof, that is not quantifiable;(2) representative of a water right, or portion thereof, where a petition or other formal action has been filed with the commission for the cancellation or forfeiture of the water right before the date of deposit; or(3) contrary, for any reason, to the purposes of the Texas Water Code, Chapter 15, Subchapter K, or these rules, or other provisions of the Water Code or applicable law. Source Note: The provisions of this §359.6 adopted to be effective May 13, 1994, 19 TexReg 3257. 10 TEXAS WATER DEVELOPMENT BOARD 359 WATER BANKING §359.6 Bank Review https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19187&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19187 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19187&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19187 03/11/2026 Decisions of the administrator under §§359.5, 359.6, and 359.8 of this title (relating to Procedures for Deposit, Bank Review, and Deposits, Transfers, Cancellation Protection, and Withdrawals) may be appealed to the board by filing notice with the administrator. The administrator shall bring such appeals before the board at the earliest practicable board meeting for consideration, and notify the appellant, not less than 14 calendar days before the meeting, of the date, time, and place of the board meeting. Appeals under this section shall not be considered contested hearings under the Texas Administrative Procedure and Texas Register Act. The appellant and administrator may present written material to the board, in advance of the date of board consideration, with copies of such written material provided to the other party at least three days prior to the board meeting. The appellant and administrator may present brief oral remarks to the board after which the board shall decide on disposition of the appeal. Source Note: The provisions of this §359.7 adopted to be effective May 13, 1994, 19 TexReg 3257. 10 TEXAS WATER DEVELOPMENT BOARD 359 WATER BANKING §359.7 Appeal of Findings https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=68538&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 68538 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=68538&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 68538 03/11/2026 (a) A water right or portion thereof may be deposited in the bank for an initial term of up to 10 years, unless otherwise held in the Texas Water Trust described in §359.15 of this title (relating to Texas Water Trust), during which time the water right or portion of the water right deposited is exempt from cancellation by the commission under the terms of Texas Water Code, Chapter 11, subchapter E, as provided by Texas Water Code, §15.704. The water right or that portion of the water right deposited is exempt from cancellation under this subsection only once, even if it has been transferred or redeposited. The water right or that portion of the water right which is on deposit remains on deposit until it is withdrawn.(b) The administrator may accept deposits of water rights, including conserved water, into the bank. The administrator, acting within the purposes of the Texas Water Code, Chapter 15, Subchapter K, may also take any appropriate action to facilitate water transactions both within and external to the operations of the water bank.(c) The water right or that portion of a water right that has been transferred while on deposit in the bank is exempt from cancellation by the commission under the terms of the Texas Water Code, Chapter 11, Subchapter E, for a period of 10 years following commission approval of any necessary actions relating to the transfer of that water right.(d) The depositor must notify the administrator within 30 calendar days of the date a contract to transfer a water right or portion thereof is signed.(1) For transfers requiring regulatory approval, transfers are not complete until all necessary regulatory approvals are obtained. The depositor must notify the administrator in writing within 30 calendar days of the date of receipt of final regulatory approvals. The date of final regulatory approvals is the effective date of transfer.(2) For transfers not requiring regulatory approval, transfers are not complete until the terms and conditions of the contract have been fulfilled. In these cases, the depositor must notify the administrator in writing within 30 calendar days of the contract closure. The date the contract is closed is the effective date of transfer.(e) That portion of a water right or the right to use water that has been deposited in the bank may be withdrawn upon the depositor's completion of a withdrawal form, or acceptable substitute, and its submission to the administrator. A copy of this form, or acceptable substitute, must be submitted by the withdrawing depositor to the executive director of the commission at the same time it is submitted to the administrator. The withdrawal is effective upon the date of signature by the administrator on the withdrawal form or 30 days after the submission of the withdrawal form, or acceptable substitute, whichever occurs earlier. A water right may be withdrawn by the administrator under §359.6 of this title (relating to Bank Review).(f) A water right may be used as authorized by law while on deposit in the bank. The depositor must notify the administrator of any actions or conditions that would affect the transferability of the deposited right.(g) A water right transferred while on deposit in the bank may remain in the bank.(h) With the approval of the board, the administrator may enter into contracts with persons to pay for water conservation feasibility studies, or the preparation of plans and specifications relating to water conservation efforts, or studies to estimate the amount of water that would be saved through the implementation of water conservation efforts. Source Note: The provisions of this §359.8 adopted to be effective May 13, 1994, 19 TexReg 3257; amended to be effective February 4, 1998, 23 TexReg 782; amended to be effective November 9, 1999, 24 TexReg 9843. 10 TEXAS WATER DEVELOPMENT BOARD 359 WATER BANKING §359.8 Deposits, Studies, Transfers, Cancellation Protection, and Withdrawals https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=68539&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 68539 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=68539&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 68539 03/11/2026 Persons who are potential buyers of water rights or the right to use water may request to be listed by the administrator in a registry at the bank. The request for registry listing shall be in a form or format provided by the administrator, and shall include all information the administrator deems necessary to prepare the registry of buyers. Source Note: The provisions of this §359.9 adopted to be effective May 13, 1994, 19 TexReg 3257; amended to be effective November 9, 1999, 24 TexReg 9843. 10 TEXAS WATER DEVELOPMENT BOARD 359 WATER BANKING §359.9 Registry of Buyers https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=68540&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 68540 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=68540&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 68540 03/11/2026 Persons who wish to disclose the availability of a water right or the right to use water or portion thereof for transfer, but do not wish to deposit the right in the bank, may request to be listed by the administrator in a registry at the bank. The request shall be in the format of a request for deposit and shall include all information the administrator deems necessary to prepare the registry of sellers. Any person who has listed a water right or the right to use water for sale in the registry shall notify the administrator within 30 calendar days of the date a contract to transfer a water right or the right to use water or portion thereof is signed. Source Note: The provisions of this §359.10 adopted to be effective May 13, 1994, 19 TexReg 3257; amended to be effective November 9, 1999, 24 TexReg 9843. 10 TEXAS WATER DEVELOPMENT BOARD 359 WATER BANKING §359.10 Registry of Sellers https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19191&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19191 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19191&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19191 03/11/2026 In response to requests, the administrator shall provide information available from the bank, unless such information is required to be withheld under the Texas Open Records Act. The bank may act as a clearinghouse for water marketing information, including water availability, pricing of water transactions, environmental considerations, and potential buyers and sellers of water rights. The administrator may provide technical assistance as possible, to potential depositors, depositors, or potential buyers, concerning water conservation and may prepare and publish a manual on structuring water transactions. Source Note: The provisions of this §359.11 adopted to be effective May 13, 1994, 19 TexReg 3257; amended to be effective February 4, 1998, 23 TexReg 782. 10 TEXAS WATER DEVELOPMENT BOARD 359 WATER BANKING §359.11 Information https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=28549&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 28549 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=28549&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 28549 03/11/2026 At the request of both the prospective buyer and depositor, the administrator may assist in the negotiation of terms associated with a proposed transfer. Source Note: The provisions of this §359.12 adopted to be effective May 13, 1994, 19 TexReg 3257. 10 TEXAS WATER DEVELOPMENT BOARD 359 WATER BANKING §359.12 Negotiation of Terms https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19194&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19194 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19194&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19194 03/11/2026 (a) The board may establish regional water banks, as necessary, to fulfill the requirements of the Texas Water Code, Chapter 15, Subchapter K. The board, by contract or agreement, may designate state agencies, political subdivisions, or other entities or persons it may deem appropriate to act as regional banks. Regional banks shall utilize the same procedures and meet the same requirements that are specified by this chapter, unless otherwise specifically authorized by the board. Regional banks shall report all activities to the administrator in a manner and frequency specified by the administrator. Fees specified in §359.14 of this title (relating to Fees) shall be collected by the regional bank, in accordance with the contract or agreement executed with the board. In evaluating the designation of and necessity for regional banks, the board may consider the regional bank's proposed rules and procedures for the following:(1) determining the method of allocation among competing buyers to lease or purchase water rights;(2) determining the method of allocation among the depositors for reimbursement; determining the fees and their allotment under the Texas Water Code, §15.705;(3) method of notification of the board, commission, and department of regional bank activities; and(4) such other factors as are deemed appropriate by the board.(b) Deposits into a duly authorized regional bank shall enjoy the same protection and limitations as deposits made into the bank established by these rules. The administrator may periodically review a regional bank for its performance and continuing necessity. The board may dissolve any regional bank which it has established under this section. Source Note: The provisions of this §359.13 adopted to be effective May 13, 1994, 19 TexReg 3257. 10 TEXAS WATER DEVELOPMENT BOARD 359 WATER BANKING §359.13 Regional Banks https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=102781&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 102781 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=102781&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 102781 03/11/2026 (a) The executive administrator shall develop and implement, with board approval, a fee to be paid either upon deposit of a water right or right to use water into the bank, upon transfer of the water right or right to use water or portion thereof while on deposit in the bank, or upon both such occurrences. Such fee shall not exceed 1.0% of the value placed upon the water right or right to use water by the depositor upon deposit into the bank, and 1.0% of the value of the water right or right to use water transferred while on deposit in the water bank. Fees shall be due within 60 days of deposit of the water right or right to use water into the bank, and within 60 days of transfer of such rights. The value of the water right or right to use water shall be calculated upon deposit into the bank as the value placed on the water right or right to use water by the depositor. The value of the water right or right to use water shall be calculated upon transfer as the value of the water right sale or total value of any contract or contracts to use the water. (b) Fees associated with deposits to or transfer from the Texas Water Trust of water rights or rights to use water are waived.(c) As necessary, the executive administrator shall obtain board approval of the fee schedule. The executive administrator shall provide notice in the Texas Register 30 days before board action considering approval of such fee schedule, and shall provide copies of the proposed fee schedule upon request. In approving such fee schedule, the board shall consider the expenses of operating the bank. Source Note: The provisions of this §359.14 adopted to be effective November 9, 1999, 24 TexReg 9843; amended to be effective June 10, 2003, 28 TexReg 4431. 10 TEXAS WATER DEVELOPMENT BOARD 359 WATER BANKING §359.14 Fees https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19195&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19195 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19195&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19195 03/11/2026 (a) The Texas Water Trust is established within the water bank to hold water rights dedicated to environmental needs, including instream flows, water quality, fish and wildlife habitat, or bay and estuary inflows.(b) No water right shall be placed into the Texas Water Trust without the review and approval of the commission after appropriate consultation with the department and board.(c) A water right shall be held in trust under this section for the term specified by the commission in its approval under subsection (b) of this section or, if the commission does not specify a term, for the term agreed upon between the administrator and the depositor. Source Note: The provisions of this §359.15 adopted to be effective February 4, 1998, 23 TexReg 782. 10 TEXAS WATER DEVELOPMENT BOARD 359 WATER BANKING §359.15 Texas Water Trust https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=218467&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 218467 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=218467&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 218467 03/11/2026 This chapter serves as the board's designation of river basins and coastal basins pursuant to the requirement of the Texas Water Code, §16.051(c). Source Note: The provisions of this §360.1 adopted to be effective December 9, 1998, 23 TexReg 12447; amended to be effective May 29, 2024, 49 TexReg 3807. 10 TEXAS WATER DEVELOPMENT BOARD 360 DESIGNATION OF RIVER AND COASTAL BASINS §360.1 Scope of Chapter https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=218468&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 218468 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=218468&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 218468 03/11/2026 The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise. Words defined in Texas Water Code, Chapter 16 and not defined here have the meanings provided in Chapter 16. Quad map--Official 1 to 24,000 foot maps produced by the United States Geological Survey on which river basin and coastal basin boundaries are delineated. Source Note: The provisions of this §360.2 adopted to be effective December 9, 1998, 23 TexReg 12447; amended to be effective May 29, 2024, 49 TexReg 3807. 10 TEXAS WATER DEVELOPMENT BOARD 360 DESIGNATION OF RIVER AND COASTAL BASINS §360.2 Definitions of Terms https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=218469&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 218469 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=218469&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 218469 03/11/2026 (a) The Canadian River basin boundary is designated by lines delineated on quad maps listed in the following table. Digital files of these quad maps are stored with the basin lines drawn thereon, are adopted by reference, and are located in the offices of the Texas Water Development Board. Attached Graphic(b) The Red River basin boundary is designated by lines delineated on quad maps listed in the following table. Digital files of these quad maps are stored with the basin lines drawn thereon, are adopted by reference, and are located in the offices of the Texas Water Development Board. Attached Graphic(c) The Sulphur River basin boundary is designated by lines delineated on quad maps listed in the following table. Digital files of these quad maps are stored with the basin lines drawn thereon, are adopted by reference, and are located in the offices of the Texas Water Development Board. Attached Graphic(d) The Cypress Creek basin boundary is designated by lines delineated on quad maps listed in the following table. Digital files of these quad maps are stored with the basin lines drawn thereon, are adopted by reference, and are located in the offices of the Texas Water Development Board. Attached Graphic(e) The Sabine River basin boundary is designated by lines delineated on quad maps listed in the following table. Digital files of these quad maps are stored with the basin lines drawn thereon, are adopted by reference, and are located in the offices of the Texas Water Development Board. Attached Graphic(f) The Neches River basin boundary is designated by lines delineated on quad maps listed in the following table. Digital files of these quad maps are stored with the basin lines drawn thereon, are adopted by reference, and are located in the offices of the Texas Water Development Board. Attached Graphic(g) The Neches-Trinity coastal basin boundary is designated by lines delineated on quad maps listed in the following table. Digital files of these quad maps are stored with the basin lines drawn thereon, are adopted by reference, and are located in the offices of the Texas Water Development Board. Attached Graphic(h) The Trinity River basin boundary is designated by lines delineated on quad maps listed in the following table. Digital files of these quad maps are stored with the basin lines drawn thereon, are adopted by reference, and are located in the offices of the Texas Water Development Board. Attached Graphic(i) The Trinity-San Jacinto coastal basin boundary is designated by lines delineated on quad maps listed in the following table. Digital files of these quad maps are stored with the basin lines drawn thereon, are adopted by reference, and are located in the offices of the Texas Water Development Board. Attached Graphic(j) The San Jacinto River basin boundary is designated by lines delineated on quad maps listed in the following table. Digital files of these quad maps are stored with the basin lines drawn thereon, are adopted by reference, and are located in the offices of the Texas Water Development Board. Attached Graphic(k) The San Jacinto-Brazos coastal basin boundary is designated by lines delineated on quad maps listed in the following table. Digital files of these quad maps are stored with the basin lines drawn thereon, are adopted by reference, and are located in the offices of the Texas Water Development Board. Attached Graphic(l) The Brazos River basin boundary is designated by lines delineated on quad maps listed in the following table. Digital files of these quad maps are stored with the basin lines drawn thereon, are adopted by reference, and are located in the offices of the Texas Water Development Board. Attached Graphic(m) The Brazos-Colorado coastal basin boundary is designated by lines delineated on quad maps listed in the following table. Digital files of these quad maps are stored with the basin lines drawn thereon, are adopted by reference, and are located in the offices of the Texas Water Development Board. Attached Graphic(n) The Colorado River basin boundary is designated by lines delineated on quad maps listed in the following table. Digital files of these quad maps are stored with the basin lines drawn thereon, are adopted by reference, and are located in the offices of the Texas Water Development Board. Attached Graphic(o) The Colorado-Lavaca coastal basin boundary is designated by lines delineated on quad maps listed in the following table. Digital files of these quad maps are stored with the basin lines drawn thereon, are adopted by reference, and are located in the offices of the Texas Water Development Board. Attached Graphic(p) The Lavaca River basin boundary is designated by lines delineated on quad maps listed in the following table. Digital files of these quad maps are stored with the basin lines drawn thereon, are adopted by reference, and are located in the offices of the Texas Water Development Board. Attached Graphic(q) The Lavaca-Guadalupe coastal basin boundary is designated by lines delineated on quad maps listed in the following table. Digital files of these quad maps are stored with the basin lines drawn thereon, are adopted by reference, and are located in the offices of the Texas Water Development Board. Attached Graphic(r) The Guadalupe River basin boundary is designated by lines delineated on quad maps listed in the following table. Digital files of these quad maps are stored with the basin lines drawn thereon, are adopted by reference, and are located in the offices of the Texas Water Development Board. Attached Graphic(s) The San Antonio River basin boundary is designated by lines delineated on quad maps listed in the following table. Digital files of these quad maps are stored with the basin lines drawn thereon, are adopted by reference, and are located in the offices of the Texas Water Development Board. Attached Graphic(t) The San Antonio-Nueces coastal basin boundary is designated by lines delineated on quad maps listed in the following table. Digital files of these quad maps are stored with the basin lines drawn thereon, are adopted by reference, and are located in the offices of the Texas Water Development Board. Attached Graphic(u) The Nueces River basin boundary is designated by lines delineated on quad maps listed in the following table. Digital files of these quad maps are stored with the basin lines drawn thereon, are adopted by reference, and are located in the offices of the Texas Water Development Board. Attached Graphic(v) The Nueces-Rio Grande coastal basin boundary is designated by lines delineated on quad maps listed in the following table. Digital files of these quad maps are stored with the basin lines drawn thereon, are adopted by reference, and are located in the offices of the Texas Water Development Board. Attached Graphic(w) The Rio Grande River basin boundary is designated by lines delineated on quad maps listed in the following table. Digital files of these quad maps are stored with the basin lines drawn thereon, are adopted by reference, and are located in the offices of the Texas Water Development Board. Attached Graphic Source Note: The provisions of this §360.3 adopted to be effective December 9, 1998, 23 TexReg 12447; amended to be effective May 29, 2024, 49 TexReg 3807. 10 TEXAS WATER DEVELOPMENT BOARD 360 DESIGNATION OF RIVER AND COASTAL BASINS §360.3 Designation of River Basins and Coastal Basins https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215394&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 215394 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215394&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 215394 03/11/2026 (a) 1% Annual Chance Flood Event--Flood event having a 1% chance of being equaled or exceeded in any given year, also referred to as the base flood or 100-year flood.(b) 0.2% Annual Chance Flood Event--Flood event having a 0.2% chance of being equaled or exceeded in any given year, also referred to as the 500-year flood.(c) Board--The governing body of the Texas Water Development Board.(d) Critical Facilities--Facilities and infrastructure that are critical to the health and welfare of the population and that are especially important following flood hazard events.(e) Emergency Need--The need for projects and actions to address a flood hazard that is expected to cause the loss of function of critical facilities or to alleviate immediate threat to life and property from flooding such as imminent anticipated failure of infrastructure.(f) Executive Administrator (EA)--The Executive Administrator of the TWDB or a designated representative.(g) FEMA--Federal Emergency Management Agency(h) FIRM--Flood Insurance Rate Map(i) Flood--A general and temporary condition of partial or complete inundation of normally dry land area from overflow of inland or tidal waters or from the unusual and rapid accumulation or runoff of surface waters from any source.(j) Flood-prone--Areas with known risk of flooding primarily during storm events either from existing inundation maps, studies, and/or historic knowledge of flood events. Flood-prone areas may include, but are not limited to, the floodplain, the floodway, the flood fringe, wetlands, riparian buffers, or other areas adjacent to the main channel.(k) Floodplain--That area of land subject to periodic inundation by floodwaters.(l) Floodplain Management--The operation of an overall program of corrective and preventative measures for reducing risk and impact of flooding.(m) Flood Mitigation--The implementation of actions, including both structural and non- structural solutions, to reduce flood risk to protect against the loss of life and property.(n) Flood Management Evaluation (FME)--A proposed study to identify and assess and quantify flood risk or identify, evaluate, and recommend flood risk reduction solutions.(o) Flood Management Strategy (FMS)--Flood risk reduction solution ideas and strategies that do not belong in FME or FMP categories. Examples may include regulatory enhancements, development of entity-wide buyout programs, and public outreach and education.(p) Flood Mitigation Project (FMP)--A proposed project, both structural and non-structural, that has a non-zero capital costs or other non-recurring cost and that when implemented will reduce flood risk, mitigate flood hazards to life or property.(q) Flood Planning Region (FPR)--A geographic area designated by the Board pursuant to Texas Water Code §16.062.(r) Flood Risk--Generally describes the hazard from flood events to life and property, including the likelihood of a hazard occurring; the magnitude of the hazard; the number of people and properties exposed to the hazard; and the vulnerability and resilience of the people and properties exposed to the hazard.(s) Flood Risk Map--A map that shows flood risk for Texas communities at some level of detail using best available data.(t) GIS--Geographic Information System(u) GLO--General Land Office(v) HUC--Hydrologic Unit Code level (e.g., HUC10) as delineated by the United States Geological Survey.(w) Hydrologic and Hydraulic Model--Mathematical model created utilizing computer software that simulates rainfall runoff flow to estimate the extent of water levels and flooding and to test potential ways to reduce flood risk.(x) Nature-based Flood Mitigation--Mitigation approaches involving the use of natural features, materials, and processes to reduce the risk and impacts of flooding.(y) Neighboring Area--Any area, including but not limited to upstream and downstream areas, potentially affected by the proposed FMP.(z) Negative Effect--An increase in flood-related risks to life and property, either upstream or downstream of the proposed project. The RFPG may adopt a standard that is more restrictive than the standard provided in TWDB guidance.(aa) Planning Group Sponsor--A political subdivision designated by the Regional Flood Planning Group as authorized to receive funds for developing or revising regional flood plans. A Planning Group Sponsor must have legal authority to conduct procurement of professional services and enter into the contracts necessary for regional flood planning.(bb) Political Subdivision--County, city, or other body politic or corporate of the state, including any district or authority created under Article III, Section 52 or Article XVI, Section 59 of the Texas Constitution and including any interstate compact commission to which the state is a party and any nonprofit water supply corporation created and operating under Chapter 67 of the Texas Water Code.(cc) Potentially Feasible Flood Mitigation Project or Potentially Feasible Flood Management Strategy--An FMP or FMS that is assessed or considered to be permittable, constructible, economically viable, and implementable.(dd) Regional Flood Plan (RFP)--The plan adopted or amended by a Regional Flood Planning Group pursuant to Texas Water Code §16.062 (relating to Regional Flood Plans) and this chapter.(ee) Regional Flood Planning Group (RFPG)--A group designated by the Board that develops a Regional Flood Plan, pursuant to Texas Water Code §16.062.(ff) Residual Risk--The remaining flood risk in an area after the completion of an FMP or FMS or set of FMPs or FMSs that reduce flood risk in that same area.(gg) State Flood Plan (SFP)--The most recent State Flood Plan adopted or amended by the Board under Texas Water Code §16.061 (relating to State Flood Plan).(hh) State Flood Planning Database--A database to be developed and maintained by the TWDB that stores data related to Flood Planning. It is used to collect, analyze, and disseminate regional and statewide Flood Planning data.(ii) State Population Projections--Population projections contained in the most recently adopted State Water Plan as further assembled geographically based on HUC watershed or other appropriate flood-related geographic features determined by the TWDB.(jj) TWC--Texas Water Code(kk) TWDB--Texas Water Development Board Source Note: The provisions of this §361.10 adopted to be effective June 10, 2020, 45 TexReg 3792; amended to be effective November 1, 2023, 48 TexReg 6360. 10 TEXAS WATER DEVELOPMENT BOARD 361 REGIONAL FLOOD PLANNING A GENERAL INFORMATION §361.10 Definitions and Acronyms https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215395&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 215395 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215395&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 215395 03/11/2026 (a) Once initially designated, the Board may review and update the boundary designations of FPRs, as necessary, on its own initiative or upon recommendation of the EA.(b) If upon FPR boundary designation review the Board determines that revisions to the boundaries are necessary, the Board shall designate areas for which RFPs shall be developed, taking into consideration factors such as:(1) river basin and sub-watershed delineations;(2) hydraulic features of river basins;(3) coastal basins and features;(4) existing FPRs;(5) development patterns;(6) public comment; and(7) other factors the Board deems relevant.(c) RFPGs shall consider and adopt, by two-thirds vote, bylaws that are consistent with provisions of this chapter, Texas Water Code §16.062, and Government Code Chapters 551 and 552. The RFPG shall provide copies of its bylaws and any revisions thereto to the EA. The bylaws adopted by the RFPG shall at a minimum address the following elements:(1) methods of formation and governance of executive committee, or subcommittees or subgroups;(2) definition of a quorum necessary to conduct business;(3) methods to approve items of business including adoption of RFPs or amendments thereto;(4) methods to name additional voting and non-voting members;(5) terms, conditions, and limits of membership including the terms of member removal;(6) any additional notice provisions that the RFPG chooses to include;(7) methods to record and preserve minutes;(8) methods to resolve disputes between RFPG members on matters coming before the RFPG;(9) procedures for handling confidential information; and(10) other procedures deemed relevant by the RFPG.(d) RFPGs shall at all times maintain each of the required positions listed below. However, if an FPR does not have an interest in the category below, then the RFPG shall so advise the Executive Administrator and an individual member designation may not be required.(1) Public, defined as those persons or entities having no economic or other direct interest in the interests represented by the remaining membership categories;(2) Counties, defined as the county governments for the 254 counties in Texas;(3) Municipalities, defined as governments of cities created or organized under the general, home-rule, or special laws of the state;(4) Industries, such as corporations, partnerships, sole proprietorships, or other legal entities that are formed for the purpose of making a profit and that are not small businesses;(5) Agricultural interests, defined as those persons or entities associated with the production or processing of plant or animal products;(6) Environmental interests, defined as those persons or groups advocating for the protection or conservation of the state's natural resources, including but not limited to soil, water, air, and living resources;(7) Small businesses, defined as corporations, partnerships, sole proprietorships, or other legal entities that are formed for the purpose of making a profit, are independently owned and operated, and have either fewer than 500 employees and or less than $10 million in gross annual receipts;(8) Electric generating utilities, defined as any persons, corporations, cooperative corporations, or any combination thereof, meeting each of the following three criteria: own or operate for compensation equipment or facilities which produce or generate electricity; produce or generate electricity for either wholesale or retail sale to others; and are neither a municipal corporation nor a river authority; this category may include a transmission and distribution utility;(9) River authorities, defined as any districts or authorities created by the legislature that contain areas within their boundaries of one or more counties and that are governed by boards of directors appointed or designated in whole or part by the governor, including without limitation the San Antonio River Authority and the Palo Duro River Authority;(10) Flood Districts, defined as any districts or authorities, created under authority of either the Texas Constitution, Article III, §52(b)(1) and (2), or Article XVI, §59 including all Chapter 49 districts, particularly districts with flood management responsibilities, including drainage districts, levee improvement districts, but does not include river authorities;(11) Water Districts, defined as any districts or authorities, created under authority of either the Texas Constitution, Article III, §52(b)(1) and (2), or Article XVI, §59 including all Chapter 49 districts, particularly districts with flood management responsibilities, including municipal utility districts, freshwater supply districts, and regional water authorities, but does not include drainage districts, levee improvement districts, river authorities;(12) Water Utilities, defined as any persons, corporations, cooperative corporations, or any combination thereof that provide water supplies for compensation except for municipalities, river authorities, or water districts; and(13) The RFPGs, at their discretion, may include additional voting positions upon a two-thirds vote of all of the existing voting positions to ensure adequate representation from the interests in the FPR.(e) The RFPG shall include the following non-voting members, as designated by the head of their agencies for paragraphs (1) - (7) of this subsection and shall receive meeting notifications and information in the same manner as voting members.(1) Staff member of the TWDB;(2) Staff member of the Texas Commission on Environmental Quality;(3) Staff member of the General Land Office;(4) Staff member of the Texas Parks and Wildlife Department;(5) Staff member of the Texas Department of Agriculture;(6) Staff member of the State Soil and Water Conservation Board; and(7) Staff member of the Texas Division of Emergency Management.(f) The RFPG shall include the following non-voting members who shall receive meeting notifications and information in the same manner as voting members:(1) Non-voting member liaisons designated by each RFPG, as necessary, to represent portions of major river basins that have been split into more than one FPR to coordinate between the upstream and downstream FPRs located within that same river basin. This non-voting member liaison may, at the discretion of the RFPG, be met by a voting member that also meets another position requirement under subsection (d) of this section; and(2) For FPRs that touch the Gulf Coast, member liaisons designated by each RFPG representing coastal portions of FPRs to coordinate with neighboring FPRs along the Gulf Coast. This non- voting position member liaison may, at the discretion of the RFPG, be met by a voting member that also meets another position requirement under subsection (e) of this section.(g) Each RFPG shall consider including a non-voting position to represent regional or local transportation authorities for example, from the Texas Department of Transportation, who shall receive meeting notifications and information in the same manner as voting members.(h) Each RFPG shall provide a current list of its voting and non-voting positions to the EA; the list shall identify each position required under subsection (e) as well as any other positions added by the RFPG and the individual member name that fills each position.(i) Each RFPG, at its discretion, may at any time add additional voting and non-voting positions to serve on the RFPG including any new interest category in accordance with subsection (d)(13) of this section, including any additional state or federal agencies, and additional representatives of those interests already listed in, and as limited by, subsection (e) of this section that the RFPG considers appropriate for development of its RFP. Adding any new voting position that increases the total number of voting positions may only occur upon a two-thirds vote of all voting positions.(j) Each RFPG, at its discretion, may remove individual voting or non-voting positions, other than those listed under subsection (e)(1) - (7) of this section, or eliminate positions in accordance with the RFPG bylaws as long as minimum requirements of RFPG membership are maintained in accordance with subsections (d) and (f) of this section.(k) RFPGs may enter into formal and informal agreements to coordinate, avoid affecting neighboring areas, and share information with other RFPGs or any other interests within any FPR for any purpose the RFPGs consider appropriate including expediting or making more efficient planning efforts. Source Note: The provisions of this §361.11 adopted to be effective June 10, 2020, 45 TexReg 3792; amended to be effective November 1, 2023, 48 TexReg 6360. 10 TEXAS WATER DEVELOPMENT BOARD 361 REGIONAL FLOOD PLANNING A GENERAL INFORMATION §361.11 Designations and Governance of Flood Planning Regions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215396&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 215396 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215396&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 215396 03/11/2026 (a) The following activities are required of each RFPG every planning cycle:(1) Designate a political subdivision as a Planning Group Sponsor of the RFPG eligible to apply for financial assistance to be used by the RFPG for planning activities. The Planning Group Sponsor will prepare and submit funding applications on behalf of the RFPG pursuant to Chapter 361, Subchapter F of this title (related to Regional Flood Planning Grants). The RFPG may, at its discretion, designate a different Planning Group Sponsor at any time. The Planning Group Sponsor will be responsible for the following:(A) General management of the contract between the Planning Group Sponsor and the TWDB;(B) The general management of the contract between the Planning Group Sponsor and the consultant(s); and(C) In accordance with the RFPG's bylaws and notice provisions, the preparation of a scope(s) of work for regional flood planning grant funding that identifies responsible parties for task execution, including a task schedule, task and expense budgets, and describes interim draft reports or deliverables, and final reports for the planning process.(2) Select a technical consultant(s) to be procured by the Planning Group Sponsor in accordance with the procurement requirements that apply to that political subdivision and Government Code Chapter 2254.(3) Hold at least one public meeting, that may also be a regular RFPG meeting, and in accordance with the notice requirements in §361.21 of this title (relating to General Notice Requirements) to determine what, if any, additional public notice the RFPG determines is necessary to ensure adequate public notice in its own FPR, including in print form if desirable.(4) Hold public meetings at central locations readily accessible to the public within the FPR to gather general suggestions and recommendations from the public as to issues, provisions, and types of FMEs, FMPs, and FMSs, that should be considered or addressed or provisions that should be considered and potentially included during that regional flood planning cycle in accordance with the public notice requirements in §361.21 of this title.(5) Approve the contract(s) and any subsequent amendments thereto between the Planning Group Sponsor and the technical consultant or TWDB Scope(s) of Work or budgets in open meetings as necessary and in accordance with §361.21 of this title.(6) Hold regular RFPG meetings, at a minimum, annually.(b) The RFPG must follow its bylaws to reconcile any work and consider recommendations of any subcommittee or subgroups, including any strategies or projects identified for the RFPG's consideration.(c) Each RFPG may, at its discretion, designate committees or subcommittees or subgroups within its FPR to meet separately to work on certain assigned issues that the RFPG considers relevant to its plan such as topics relevant across the entire region or issues related to specific geographical areas within the FPR or coordination of shared issues across neighboring FPRs.(1) If an RFPG creates a sub-regional committee or subcommittee or subgroup to address issues related to a specific geographical area smaller than the full FPR, it shall, to the extent practical, define such sub-regional geographic areas based on boundaries that are coterminous with full HUC8 watersheds located within the FPR.(2) If an RFPG creates any sub-regional committee, subcommittee or subgroup to address issues related to a specific geographical area smaller than the full RFPG, it shall include at least one voting member representing each of the interests under §361.11(d)(1) - (12) of this title (relating to Designations and Governance of Flood Planning Regions).(3) Any outcomes from the activities of such committees or subcommittees or subgroups shall be strictly for the purpose of providing information or recommendations as specifically directed by the full RFPG and for potential consideration by the full RFPG.(4) RFPGs may not authorize committees or subcommittees or subgroups of committees to take any actions regarding:(A) Modifying the budget or scope of the RFPG planning contract(s);(B) Directing the RFPG consultant's work or associated expenditure of funds without direct authorization and scope from the RFPG; and(C) Other activities that are the responsibility of the full RFPG as determined by the flood planning contract with the TWDB and any associated guidance provided by the EA.(5) Each RFPG or committee or subcommittee or subgroup of an RFPG is subject to Chapters 551 (relating to Open Meetings) and 552 (relating to Public Information), Government Code. Source Note: The provisions of this §361.12 adopted to be effective June 10, 2020, 45 TexReg 3792; amended to be effective November 1, 2023, 48 TexReg 6360. 10 TEXAS WATER DEVELOPMENT BOARD 361 REGIONAL FLOOD PLANNING A GENERAL INFORMATION §361.12 General Regional Flood Planning Group Responsibilities and Procedures https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215397&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 215397 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215397&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 215397 03/11/2026 (a) Each RFPG is expected to consider a wide variety of available, relevant, best available information and tools when developing the regional flood plan.(b) Each RFPG shall deliver a draft and final, adopted RFP in accordance with EA guidance. The RFPs must include the following:(1) written report content including various presentations of data, tables, charts, maps, and written summaries of certain results related to §§361.30 - 361.45 of this title (relating to Regional Flood Plan Requirements) in accordance with EA guidance and the TWDB grant contract;(2) standardized tables that include lists of all recommended FMEs, FMPs, and FMSs and certain key information associated with each FMP, in accordance with guidance and template provided by the EA. This table will be the basis for prioritizing recommended FMPs in the state flood plan;(3) Geographic Information System (GIS) database deliverables and other information in accordance with the contract and guidance provided by and in a manner determined by the EA;(4) associated data organized in a format and manner determined by the EA; and(5) documentation of the public process in the plan development, including public comments received and responses to public comments on the draft RFP.(c) The order and chapter content of the published RFPs shall generally follow a standard outline as determined by the EA and based on the scope of the regional flood planning contracts.(d) The content and format of all associated data deliverables, including the data on which the RFPs are based, shall be in conformance with requirements in guidance documents and data templates to be developed and provided by the EA.(e) The RFPGs shall, in accordance with their regional flood planning contracts and schedule and TWDB guidance, deliver technical memorandums to the EA prior to the draft RFP and throughout the planning process to demonstrate progress in developing its RFP and to support the concurrent development of the state flood plan. The RFPGs shall approve technical memorandums in accordance with a schedule to be provided by the EA and after notice pursuant to §361.21 of this title (relating to General Notice Requirements). At the discretion of the EA, the technical memorandums shall include:(1) A list of existing political subdivisions within the FPR that have flood-related authorities or responsibilities;(2) A list of previous and ongoing flood studies considered by the RFPG to be relevant to development of the RFP;(3) A geodatabase and associated maps in accordance with EA guidance that the RFPG considers to be best representation of the region-wide 1% annual chance flood event and 0.2% annual chance flood event inundation boundaries, and the type of flooding for each area as applicable, for use in its risk analysis, including indications of locations where such boundaries remain undefined;(4) A geodatabase and associated maps in accordance with EA guidance that identifies additional flood-prone areas not described in paragraph (3) of this subsection, based on location of hydrologic features, historic flooding, and/or local knowledge;(5) A list of available flood-related models that the RFPG considers of most value in developing its plan;(6) A summary and associated maps of locations within the FPR that the RFPG considers to have the greatest flood risk and flood risk reduction needs;(7) The flood mitigation and floodplain management goals adopted by the RFPG per §361.37 of this title (relating to Flood Mitigation and Floodplain Management Goals);(8) The documented process used by the RFPG to identify potentially feasible FMEs, FMPs, and FMSs; and(9) A list of potential FMEs and potentially feasible FMPs and FMSs identified by the RFPG, if any.(f) The information provided by the RFPG will provide the basis for much of the development and content of the state flood plan. Source Note: The provisions of this §361.13 adopted to be effective June 10, 2020, 45 TexReg 3792; amended to be effective November 1, 2023, 48 TexReg 6360. 10 TEXAS WATER DEVELOPMENT BOARD 361 REGIONAL FLOOD PLANNING A GENERAL INFORMATION §361.13 Regional Flood Planning Group Deliverables https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199637&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199637 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199637&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199637 03/11/2026 (a) Development of RFPs and the State Flood Plan shall be guided by the principles stated in §362.3 of this title (relating to Guidance Principles).(b) Each RFPG shall include a statement in their draft and final regional flood plans related to the RFPG's conformance with §362.3. The statement must include an explanation of how the RFP satisfies the requirements of each of the guidance principles including that the plan will not negatively affect a neighboring area. Source Note: The provisions of this §361.20 adopted to be effective June 10, 2020, 45 TexReg 3792. 10 TEXAS WATER DEVELOPMENT BOARD 361 REGIONAL FLOOD PLANNING B GUIDANCE PRINCIPLES, NOTICE REQUIREMENTS, AND GENERAL CONSIDERATIONS §361.20 Guidance Principles for State and Regional Flood Planning https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215398&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 215398 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215398&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 215398 03/11/2026 (a) Each RFPG and any committee, subcommittee, or subgroup of an RFPG are subject to Chapters 551 and 552, Government Code.(b) Each RFPG shall create and maintain a website that they will use to post public notices of all its full RFPG, subgroup, and subcommittee meetings and make available meeting agendas and related meeting materials for the public, in accordance with the items listed below in subsection (h)(1) - (3) of this section.(c) Each RFPG shall provide a means by which it will accept written public comments prior to and after meetings. The RFPGs must also allow oral public comments during RFPG meetings.(d) Confidential materials that fall under protection in accordance with the Homeland Security Act, may not be made available to the general public.(e) Each RFPG shall solicit interested parties from the public and maintain a list of emails of persons or entities who request to be notified electronically of RFPG activities.(f) At a minimum, notices of all meetings, meeting materials, and meeting agendas shall be sent electronically, in accordance with the timelines provided in subsection (h)(1) - (3) of this section to all voting and non-voting RFPG members; and any person or entity who has requested notice of RFPG activities.(g) At a minimum, all notices must be posted to the RFPG website and in the Texas Register on the Secretary of State website and must include:(1) the date, time, and location of the meeting;(2) a summary of the proposed action(s) to be taken;(3) the name, telephone number, email address, and physical address of a contact person to whom questions or requests for additional information may be submitted; and(4) a statement of how and when comments will be received from the members and public.(h) In addition to subsections (a) - (g) of this section, and the notice requirements of Chapter 551, Government Code, the following requirements apply to any RFPG meetings and any RFPG committee, subcommittee, or subgroup meetings:(1) at a minimum, notice must be provided at least seven days prior to the meeting, and meeting materials must be made available online at least three days prior to and seven days following the meeting when the planning group will take the following actions:(A) regular RFPG meetings and any RFPG committee, subcommittee, or subgroup meetings;(B) approval of requests for funds from the Board;(C) amendments to the regional flood planning scope of work or budget;(D) approval to submit established deliverables to the Board or EA including technical memorandums;(E) approval of replacement RFPG members to fill voting and non-voting position vacancies;(F) any other RFPG approvals required by TWDB contract or EA guidance not specifically addressed under paragraph (2) or (3) of this subsection;(G) holding pre-planning public meetings to obtain input on development of the next RFP per TWC 16.062(d);(H) determining flood mitigation and floodplain management goals per §361.36 of this title; and(I) approving process for identifying potential FMEs and potentially feasible FMSs and FMPs per §361.38 of this title (relating to Identification and Assessment of Potential Flood Management Evaluations and Potentially Feasible Flood Management Strategies and Flood Mitigation Projects).(2) at a minimum, notice must be provided at least seven days prior to the meeting, written comments must be accepted for seven days prior to the meeting and considered by the RFPG members prior to taking the associated action, and meeting materials must be made available online for a minimum of three days prior to and 14 days following the meeting, when the planning group will take the following actions:(A) adoption of the final RFP per TWC 16.062(h);(B) approval of amendments to RFPs per §361.51 of this title (relating to Amendments to Regional Flood Plans); and(C) approval of any changes to the number of and representation make-up of the RFPG membership. This includes the addition or removal of any voting or non-voting interest category or position, any changes to the representation categories of existing voting and non-voting positions, or the removal of any voting or non-voting positions, including for existing interest categories that may have more than one representative position.(3) for meetings at which the planning group will take public comment related to the RFPG's draft RFP per TWC 16.062(f) - (g), the following additional public notice provisions must be met:(A) the draft RFP must be made available for public inspection online for 30 days prior to the first meeting, if more than one meeting is held, and 30 days following the first meeting;(B) at a minimum, notice must be provided at least 30 days prior to the first meeting;(C) notice must be provided to all adjacent RFPGs;(D) notice of the meeting must include a summary of the regional flood plan;(E) notice must include information on how the public may submit comments;(F) a hard copy of the draft RFP must be made available for public inspection in at least one publicly accessible location within the FPR for at least 30 days prior to the first meeting and 30 days following the first meeting; and(G) written comment must be accepted for consideration for at least 30 days prior to the first meeting and at least 30 days following the first meeting for consideration and response prior to adoption of the final plan under §361.50 of this title (relating to Adoption, Submittal, Notifications, and Approval of Regional Flood Plans) and oral comments must be accepted during the meeting; and(H) after the RFPG has prepared a draft RFP, the RFPG shall hold at least one public meeting in a central location in the FPR to accept comments on the draft RFP.(i) All notice periods given are based on calendar days.(j) RFPGs shall also provide additional public notice, if any, in accordance with their decision under §361.11(d)(6) of this title (relating to Designations and Governance of Flood Planning Regions), including provision of print notices, if applicable.(k) Each RFPG shall include a statement in their draft and final adopted regional flood plans regarding the RFPG's conformance with this section. Source Note: The provisions of this §361.21 adopted to be effective June 10, 2020, 45 TexReg 3792; amended to be effective November 1, 2023, 48 TexReg 6360. 10 TEXAS WATER DEVELOPMENT BOARD 361 REGIONAL FLOOD PLANNING B GUIDANCE PRINCIPLES, NOTICE REQUIREMENTS, AND GENERAL CONSIDERATIONS §361.21 General Notice Requirements https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215419&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 215419 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215419&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 215419 03/11/2026 Regional flood plans shall include brief, general descriptions of the following:(1) social and economic character of the region such as information on development, population, and economic activity;(2) the areas in the FPR that are flood-prone and the types of major flood risks to life and property in the region;(3) key historical flood events within the region including associated fatalities and loss of property, when the information is available;(4) key political subdivisions with flood-related regulatory authority or political subdivisions that perform flood planning, floodplain management, or flood mitigation activities;(5) the general extent of local regulation and development codes relevant to existing and future flood risk;(6) agricultural and natural resources most impacted by flooding; and(7) existing local and regional flood plans within the FPR. Source Note: The provisions of this §361.30 adopted to be effective June 10, 2020, 45 TexReg 3792; amended to be effective November 1, 2023, 48 TexReg 6360. 10 TEXAS WATER DEVELOPMENT BOARD 361 REGIONAL FLOOD PLANNING C REGIONAL FLOOD PLAN REQUIREMENTS §361.30 Description of the Flood Planning Region https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215420&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 215420 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215420&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 215420 03/11/2026 (a) Regional flood plans shall include a general description of the location, condition, adequacy, and functionality of major flood related infrastructure within the FPR including, but not limited to:(1) natural features, including:(A) rivers and tributaries;(B) wetlands;(C) playa lakes;(D) parks and preserves; and(E) natural coastal features.(2) constructed flood infrastructure, including:(A) dams and reservoirs that provide flood protection;(B) levees;(C) low water crossings;(D) bridges;(E) stormwater management systems including storm drains, inlets, tunnels, and pump stations;(F) detention and retention ponds;(G) constructed coastal infrastructure; and(H) any other flood-related infrastructure.(b) Please provide a general description by general geographic location (e.g., within political subdivisions) of the condition and functionality of key natural flood mitigation features or major flood infrastructure by feature type and provide the name of the owner and operator of the flood infrastructure. For non-functional or deficient natural flood mitigation features or major flood infrastructure, explain in general, the reasons for the features or infrastructure being non-functional or deficient by feature type. Source Note: The provisions of this §361.31 adopted to be effective June 10, 2020, 45 TexReg 3792; amended to be effective November 1, 2023, 48 TexReg 6360. 10 TEXAS WATER DEVELOPMENT BOARD 361 REGIONAL FLOOD PLANNING C REGIONAL FLOOD PLAN REQUIREMENTS §361.31 Description of the Existing Natural Flood Mitigation Features and Constructed Major Flood Infrastructure in the Region https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215421&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 215421 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215421&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 215421 03/11/2026 Regional flood plans shall include a general description of the location, source of funding, and anticipated benefits of proposed or ongoing flood mitigation projects in the FPR including:(1) new structural flood mitigation projects currently under construction;(2) non-structural flood mitigation projects currently being implemented; and(3) structural and non-structural flood mitigation projects with dedicated funding to construct and, when available, the expected year of completion. Source Note: The provisions of this §361.32 adopted to be effective June 10, 2020, 45 TexReg 3792; amended to be effective November 1, 2023, 48 TexReg 6360. 10 TEXAS WATER DEVELOPMENT BOARD 361 REGIONAL FLOOD PLANNING C REGIONAL FLOOD PLAN REQUIREMENTS §361.32 Description of the Major Infrastructure and Flood Mitigation Projects Currently Under Development https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215422&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 215422 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215422&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 215422 03/11/2026 (a) The RFPGs shall perform existing condition flood risk analyses for the region comprised of:(1) flood hazard analyses that determines location, magnitude, and frequency of flooding;(2) flood exposure analyses to identify who and what might be harmed within the region; and(3) vulnerability analyses to identify vulnerabilities of communities and critical facilities.(b) RFPGs shall perform existing condition flood hazard analyses to determine the location and magnitude of both 1% annual chance and 0.2% annual chance flood events as follows:(1) collect data and conduct analyses sufficient to characterize the existing conditions for the planning area;(2) identify areas within each FPR where hydrologic and hydraulic model results are already available and summarize the information;(3) utilize best available data, hydrologic and hydraulic models for each area;(4) identification of known flood-prone areas based on location of hydrologic features, historic flooding, and local knowledge obtained from outreach activities and public meetings;(5) existing condition flood hazard analyses may consider and include only those flood mitigation projects with dedicated construction funding and scheduled for completion prior to adoption of the next state flood plan;(6) all analyses shall consider the location of existing levees that do not meet FEMA accreditation as inundated by flooding without those structures in place. Provisionally accredited structures may be allowed to provide flood protection, unless best available information demonstrates otherwise;(7) the analyses shall consider existing dams when data is available;(8) a map showing areas as having an annual likelihood of inundation greater than or equal to 1% and 0.2%, the areal extent of this inundation, and the types of flooding for each area; and(9) a map showing gaps in inundation boundary mapping and identify known flood-prone areas based on location of hydrologic features, historic flooding and/ or local knowledge.(c) The RFPGs shall develop existing condition flood exposure analyses, using the information identified in the flood hazard analyses to identify who and what might be harmed within the region for, at a minimum, both 1% annual chance and 0.2% annual chance flood events. The analyses must include:(1) analyses of existing development within the existing condition floodplain and the associated flood hazard exposure;(2) all existing condition flood exposure analyses shall consider the population and property located in areas where existing levees do not meet FEMA accreditation as inundated by flooding without the levees in place. Provisionally accredited levees may be allowed to provide flood protection, unless best available information demonstrates otherwise;(3) in accordance with guidance provided by the EA, the existing condition flood exposure analyses shall consider available datasets to estimate the potential flood hazard exposure including, but not limited to:(A) the number of residential properties and associated population;(B) the number of non-residential properties;(C) other public infrastructure;(D) major industrial and power generation facilities;(E) number and types of critical facilities;(F) number of roadway crossings;(G) length of roadway segments; and(H) agricultural area and value of crops exposed.(4) the existing condition flood exposure analyses shall include a qualitative description of expected loss of function, which is the effect that a flood event could have on the function of inundated structures (residential, commercial, industrial, public, or others) and infrastructure, such as transportation, health and human services, water supply, wastewater treatment, utilities, energy generation, and emergency services.(d) The RFPGs shall perform existing condition vulnerability analyses to identify vulnerabilities of the communities and critical facilities identified in subparagraphs (b) and (c) above, as follows:(1) use relevant data and tools to identify the resilience of communities located in flood-prone areas.(2) consider and identify factors such as proximity to a floodplain to identify vulnerability of critical facilities, in accordance with EA guidance.(e) All data produced as part of the existing condition flood exposure analysis and the existing condition vulnerability analysis shall be summarized in the RFP in accordance with guidance provided by the EA. The data shall include:(1) underlying flood event return frequency;(2) type of flood risk;(3) county;(4) existing flood authority boundaries;(5) social vulnerability indices for counties and census tracts; and(6) other categories as determined by RFPGs or to be designated by the EA.(f) The information developed by the RFPG under this section shall be used to assist the RFPG establish priorities in subsequent planning tasks, to identify areas that need FMEs, and to efficiently deploy its resources. Source Note: The provisions of this §361.33 adopted to be effective June 10, 2020, 45 TexReg 3792; amended to be effective November 1, 2023, 48 TexReg 6360. 10 TEXAS WATER DEVELOPMENT BOARD 361 REGIONAL FLOOD PLANNING C REGIONAL FLOOD PLAN REQUIREMENTS §361.33 Existing Condition Flood Risk Analyses in the Region https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215423&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 215423 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215423&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 215423 03/11/2026 (a) RFPGs shall perform potential future condition flood risk analyses for the region comprised of:(1) flood hazard analyses that determines location, magnitude and frequency of flooding;(2) flood exposure analyses to identify who and what might be harmed within the region; and(3) vulnerability analyses to identify vulnerabilities of communities and critical facilities.(b) RFPGs shall perform a future condition flood hazard analysis to determine, at a minimum, the location of 1% both annual chance and 0.2% annual chance flood events as follows:(1) collect best available data and conduct analyses sufficient to characterize the future conditions for the planning area based on a "no-action" scenario of approximately 30 years of continued development and population growth under current development trends and patterns, and existing flood regulations and policies. RFPGs shall consider the following as available and pertinent in the FPR:(A) current land use and development trends and practices and associated projected population based on the most recently adopted State Water Plan decade and population nearest the next RFP adoption date plus approximately 30 years or as provided for in guidance;(B) reasonable assumptions regarding locations of residential development and associated population growth;(C) anticipated relative sea level change and subsidence based on existing information;(D) anticipated changes to the functionality of the existing floodplain;(E) anticipated sedimentation in flood control structures and major geomorphic changes in riverine, playa, or coastal systems based on existing information;(F) assumed completion of major flood mitigation projects currently under construction or that already have dedicated construction funding; and(G) other factors deemed relevant by the RFPG.(2) identify areas within each FPR where future condition hydrologic and hydraulic model results are already available and summarize the information;(3) utilize best available data, hydrologic and hydraulic models for each area;(4) where future condition results are not available, but existing condition hydrologic and hydraulic model results are already available, the RFPGs may modify hydraulic models or existing condition flood hazard boundary to identify future conditions flood risk for 1% and 0.2% annual chance storms based on simplified assumptions in accordance with EA guidance.(5) prepare a map showing areas of 1% and 0.2% annual chance of inundation for future conditions, the areal extent of this inundation, and the types of flooding for each area.(6) prepare a map showing gaps in inundation boundary mapping and identify known flood-prone areas based on location of hydrologic features, historic flooding, and/ or local knowledge.(c) The RFPGs shall use the information identified in the potential future condition flood hazard analysis to develop and perform future condition flood exposure analyses to identify who and what might be harmed within the region for the potential future condition 1% annual chance and future condition 0.2% annual chance flood event. At the RFPGs' discretion, the future condition flood exposure analysis may include an analysis of existing and future developments within the future condition floodplain and the associated flood hazard exposure.(d) Future condition vulnerability analysis.(1) RFPGs shall identify resilience of communities located in flood-prone areas identified in the future condition flood exposure analysis utilizing relevant data and tools.(2) RFPGs shall identify vulnerabilities of critical facilities to flooding by looking at factors such as proximity to a floodplain and other factors as included in the EA guidance.(e) All data produced as part of the future condition flood hazard analysis and future condition flood exposure analysis shall be summarized in the RFP in accordance with guidance provided by the EA and shall include:(1) underlying flood event return frequency;(2) type of flood risk;(3) county;(4) existing flood authority boundaries;(5) social vulnerability indices for counties and census tracts; and(6) other categories to be designated by the EA.(f) The information developed by the RFPG under this section shall be used to assist the RFPG establish priorities in subsequent planning tasks, to identify areas that need FMEs, and to efficiently deploy its resources. Source Note: The provisions of this §361.34 adopted to be effective June 10, 2020, 45 TexReg 3792; amended to be effective November 1, 2023, 48 TexReg 6360. 10 TEXAS WATER DEVELOPMENT BOARD 361 REGIONAL FLOOD PLANNING C REGIONAL FLOOD PLAN REQUIREMENTS §361.34 Future Condition Flood Risk Analyses in the Region https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215424&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 215424 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215424&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 215424 03/11/2026 (a) Recognizing the extent that previous and current practices may have increased flood risks, including residual risks, and considering broad floodplain management and land use approaches that will avoid increasing flood risks, and avoid negatively affecting neighboring areas, the RFPG shall:(1) consider the extent to which a lack of, insufficient, or ineffective current floodplain management and land use practices, regulations, policies, and trends related to land use, economic development, and population growth, allow, cause, or otherwise encourage increases to flood risks to both:(A) existing population and property, and(B) future population and property.(2) take into consideration the future flood hazard exposure analysis performed under §361.34 of this title (relating to Future Condition Flood Risk Analyses in the Region), consider the extent to which the 1% annual chance floodplain, along with associated flood risks, may change over time in response to anticipated development and associated population growth and other relevant man-made causes, and assess how to best address these potential changes.(3) based on the analyses in paragraphs (1) - (2) of this subsection, make recommendations regarding forward-looking floodplain management and land use recommendations, and economic development practices and strategies that should be implemented by entities within the FPR. These region-specific recommendations may include floodplain management and land use standards and should focus on how to best address the changes in paragraph (2) of this subsection for entities within the region. These recommendations shall inform recommended strategies for inclusion in the RFP.(b) RFPGs may also choose to adopt region-specific, floodplain management or land use or other standards that impact flood-risk, that may vary geographically across the region, that each entity in the FPR must adopt prior to the RFPG including in the RFP any FMEs, FMPs or FMSs that are sponsored by or that will otherwise be implemented by that entity. Source Note: The provisions of this §361.35 adopted to be effective June 10, 2020, 45 TexReg 3792; amended to be effective November 1, 2023, 48 TexReg 6360. 10 TEXAS WATER DEVELOPMENT BOARD 361 REGIONAL FLOOD PLANNING C REGIONAL FLOOD PLAN REQUIREMENTS §361.35 Evaluation of Previous and Current Floodplain Management and Recommendations for Changes to Floodplain Management https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215425&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 215425 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215425&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 215425 03/11/2026 (a) Based on the analyses developed by the RFPG under §§361.33 - 361.35 of this title and any additional analyses or information developed using available screening-level models or methods, the RFPG shall identify locations within the FPR that the RFPG considers to have the greatest flood mitigation and flood risk study needs by considering:(1) the areas in the FPR that the RFPG identified as the most prone to flooding that threatens life and property;(2) the relative locations, extent, and performance of current floodplain management and land use policies and infrastructure located within the FPR, particularly within the locations described in paragraph (1) of this subsection;(3) areas identified by the RFPG as prone to flooding that don't have adequate inundation maps;(4) areas identified by the RFPG as prone to flooding that don't have hydrologic and hydraulic models;(5) areas with an emergency need;(6) existing modeling analyses and flood risk mitigation plans within the FPR;(7) flood mitigation projects already identified and evaluated by other flood mitigation plans and studies;(8) documentation of historic flooding events;(9) flood mitigation projects already being implemented; and(10) any other factors that the RFPG deems relevant to identifying the geographic locations where potential FMEs and potentially feasible FMPs and FMSs shall be identified and evaluated under §361.38 of this title (relating to Identification and Assessment of Potential Flood Management Evaluations and Potentially Feasible Flood Management Strategies and Flood Mitigation Projects).(b) The RFPG shall conduct the analysis in subsection (a) of this section in a manner that will ensure the most effective and efficient use of the resources available to the RFPG. Source Note: The provisions of this §361.36 adopted to be effective November 1, 2023, 48 TexReg 6360. 10 TEXAS WATER DEVELOPMENT BOARD 361 REGIONAL FLOOD PLANNING C REGIONAL FLOOD PLAN REQUIREMENTS §361.36 Flood Mitigation Need Analysis https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215426&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 215426 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215426&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 215426 03/11/2026 Considering the Guidance Principles under §362.3 of this title (related to Guidance Principles), the existing condition flood risk analyses performed under §361.33 of this title (relating to Existing Condition Flood Risk Analyses in the Region), future condition flood risk analyses identified under §361.34 of this title (relating to Future Condition Flood Risk Analyses in the Region), the consideration of current floodplain management and land use approaches under §361.35 of this title (relating to Evaluation of Previous and Current Floodplain Management Approaches and Recommendations for Changes to Floodplain Management), and needs identified under 361.35 of this title (relating to Flood Mitigation Need Analysis), input from the public, and other relevant information and considerations, RFPGs shall:(1) Identify specific and achievable flood mitigation and floodplain management goals along with target years by which to meet those goals for the FPR to include, at a minimum, goals specifically addressing risks to life and property.(2) Recognize and clearly state the levels of residual risk that will remain in the FPR even after the stated flood mitigation goals in paragraph (1) of this section are fully met.(3) Structure and present the goals and the residual risks in an easily understandable format for the public including in conformance with guidance to be provided by the EA.(4) Use these goals to guide the RFPG in carrying out the tasks required under §§361.37 - 361.39 of this title.(5) When appropriate, choose goals that apply to full single HUC8 watershed boundaries or coterminous groups of HUC8 boundaries within the FPR.(6) Identify both short-term goals (10 years) and long-term goals (30 years). Source Note: The provisions of this §361.37 adopted to be effective November 1, 2023, 48 TexReg 6360. 10 TEXAS WATER DEVELOPMENT BOARD 361 REGIONAL FLOOD PLANNING C REGIONAL FLOOD PLAN REQUIREMENTS §361.37 Flood Mitigation and Floodplain Management Goals https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215427&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 215427 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215427&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 215427 03/11/2026 (a) Based on analyses and decisions under §§361.33 - 361.37 of this title the RFPG shall identify and evaluate potential FMEs and potentially feasible FMPs and FMSs, including nature-based solutions, some of which may have already been identified by previous evaluations and analyses by others. An FME may eventually result in detailed hydrologic and hydraulic analyses and identification of projects or strategies that could be amended into an RFP as FMPs or FMSs.(b) When evaluating FMPs and FMSs, the RFPG will, at a minimum, attempt to identify one solution that provides flood mitigation associated a with 1% annual chance flood event. In instances where mitigating for 1% annual chance events is not feasible, the RFPG shall document the reasons for its infeasibility, and at the discretion of the RFPG, other FMPs and FMSs to mitigate more frequent events may also be identified and evaluated based on guidance provided by the EA.(c) A summary of the RFPG process for identifying potential FMEs and potentially feasible FMPs and FMSs in subsection (a) of this section shall be established and included in the draft and final adopted RFP.(d) The RFPG shall then identify potentially feasible FMPs and FMSs in accordance with the RFPG process established under subsection (c) of this section.(e) For areas within the FPR that the RFPG does not yet have sufficient information or resources to identify potentially feasible FMPs and FMSs, the RFPG shall identify areas for potential FMEs that may eventually result in FMPs.(f) The RFPG shall evaluate potentially feasible FMPs and FMSs understanding that, upon evaluation and further inspection, some FMPs or FMSs initially identified as potentially feasible may, after further inspection, be reclassified as infeasible.(g) Recommended FMPs will be ranked in the state flood plan and:(1) shall represent discrete projects;(2) shall not entail an entire capital program or drainage masterplan; and(3) may rely on other flood-related projects.(h) Evaluations of potential FMEs will be at a reconnaissance or screening-level, unsupported by associated detailed hydrologic and hydraulic analyses. These will be identified for areas that the RFPG considers a priority for flood risk evaluation but that do not yet have the required detailed hydrologic and hydraulic modeling or associated project evaluations available to evaluate specific FMPs or FMSs for recommendation in the RFP. These FMEs shall be based on recognition of the need to develop detailed hydrologic models or to perform associated hydraulic analyses and associated project evaluations in certain areas identified by the RFPG. Evaluations of potential FMEs shall include the following analyses:(1) a reference to the specific flood mitigation or floodplain management goal to be addressed by the potential FME;(2) an indication of whether the FME may meet an emergency need;(3) an indication regarding the potential use of federal funds, or other sources of funding as a component of the total funding mechanism;(4) an equitable comparison and assessment among all FMEs;(5) an indication of whether hydrologic or hydraulic models are already being developed or are anticipated in the near future and that could be used in the FME;(6) a quantitative reporting of the estimated flood risk within the FME area, to include, as applicable:(A) estimated habitable, living unit equivalent and associated population in FME area;(B) estimated critical facilities in FME area;(C) estimated number of road closure occurrences in FME area, when available;(D) estimated acres of active farmland and ranchland in FME area; and(E) a quantitative reporting of the estimated study cost of the FME and whether the cost includes use of existing or development of new hydrologic or hydraulic models.(7) For FMEs, RFPGs do not need to demonstrate that an FME will not negatively affect a neighboring area.(i) Evaluations of potentially feasible FMPs and FMSs, as applicable, will require associated, detailed hydrologic and hydraulic modeling results that quantify the reduced impacts from flood and the associated benefits and costs. Information may be based on previously performed evaluations of projects and related information. Evaluations of potentially feasible FMPs and FMSs shall include the following information and be based on the following analyses:(1) a reference to the specific flood mitigation or floodplain management goal addressed by the feasible FMP or FMS;(2) a determination of whether FMP or FMS meets an emergency need;(3) an indication regarding the potential use of federal funds or other sources of funding as a component of the total funding mechanism;(4) an indication of any water supply source benefits;(5) an equitable comparison and assessment among all FMSs and an equitable comparison and assessment among all FMPs that the RFPGs determine to be potentially feasible;(6) a demonstration that the FMP or FMS will not negatively affect a neighboring area;(7) a quantitative reporting of the estimated benefits of the FMP or FMS, as applicable. This includes reductions of flood impacts of the 1% annual chance flood event and other storm events identified and evaluated if the project mitigates to more frequent event to include, where applicable, but not limited to:(A) associated flood events that must, at a minimum, include the 1% annual chance flood event and other storm events identified and evaluated;(B) reduction in habitable, equivalent living units flood risk;(C) reduction in residential population flood risk;(D) reduction in critical facilities flood risk;(E) reduction in road closure occurrences;(F) reduction in acres of active farmland and ranchland flood risk;(G) estimated reduction in fatalities, when available;(H) estimated reduction in injuries, when available;(I) reduction in expected annual damages from residential, commercial, and public property;(J) other benefits as deemed relevant by the RFPG including environmental benefits and other public benefits;(K) avoidance of future flood risk; and(L) prevention of creation of future flood risk.(8) a quantitative reporting of the estimated capital cost of projects in accordance with guidance provided by the EA;(9) for projects that will contribute to water supply, all relevant evaluations required under §357.34(e) of this title (relating to Identification and Evaluation of Potentially Feasible Water Management Strategies and Water Management Strategy Projects), as determined by the EA based on the type of contribution, and a description of its consistency with the currently adopted State Water Plan;(10) a description of potential impacts and benefits from the FMP or FMS to the environment, agriculture, recreational resources, navigation, water quality, erosion, sedimentation, and impacts to any other resources deemed relevant by the RFPG;(11) a description of residual, post-project, and future risks associated with FMPs including the risk of potential catastrophic failure and the potential for future increases to these risks due to lack of maintenance;(12) implementation issues including those related to right-of-ways, permitting, acquisitions, relocations, utilities and transportation; and(13) funding sources and options that exist or will be developed to pay for development, operation, and maintenance of the FMP or FMS.(j) RFPGs shall evaluate and present potential FMEs and potentially feasible FMPs and FMSs with sufficient specificity to allow state agencies to make financial or regulatory decisions to determine consistency of the proposed action before the state agency with an approved RFP.(k) Analyses under this section shall be performed in accordance with guidance requirements to be provided by the EA.(l) All data produced as part of the analyses under §361.38 of this title (related to Identification and Assessment of Potential Flood Management Evaluations and Potentially Feasible Flood Management Strategies and Projects) shall be organized and summarized in the RFP in accordance with guidance provided by the EA and shall be provided in a format determined by the EA.(m) Analyses shall clearly designate a representative location of the FME and beneficiaries including a map and designation of HUC level as determined by the EA and county location. Source Note: The provisions of this §361.38 adopted to be effective June 10, 2020, 45 TexReg 3792; amended to be effective November 1, 2023, 48 TexReg 6360. 10 TEXAS WATER DEVELOPMENT BOARD 361 REGIONAL FLOOD PLANNING C REGIONAL FLOOD PLAN REQUIREMENTS §361.38 Identification and Assessment of Potential Flood Management Evaluations and Potentially Feasible Flood Management Strategies and Flood Mitigation Projects https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215428&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 215428 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215428&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 215428 03/11/2026 (a) RFPGs shall recommend FMPs and FMSs to reduce the potential impacts of flood based on the evaluations under §361.38 of this title (related to Identification and Assessment of Potential Flood Management Evaluations and Potentially Feasible Flood Management Strategies and Projects) and RFPG goals and that must, at a minimum, mitigate for flood events associated with a 1% annual chance (100-yr flood), where feasible. In instances where mitigating for 100-year events are not feasible, FMPs and FMSs to mitigate more frequent events may be recommended based on guidance to be provided by the EA. Recommendations shall be based upon the identification, analysis, and comparison of alternatives that the RFPG determines will provide measurable reductions in flood impacts in support of the RFPG's specific flood mitigation and/or floodplain management goals.(b) RFPGs shall provide additional information in conformance with guidance provided by the EA which may be used to rank recommended FMEs, FMPs, and FMSs with non-recurring, non-capital costs in the state flood plan.(c) RFPGs shall provide the benefit-cost ratio for recommended FMPs in accordance with guidance provided by the EA.(d) RFPGs shall recommend FMEs that the RFPG determines are most likely to result in identification of potentially feasible FMPs and FMSs that would, at a minimum, identify and investigate one solution to mitigate for flood events associated with a 1% annual chance flood event and that support specific RFPG flood mitigation and/or floodplain management goals.(e) Recommended FMSs or FMPs may not negatively affect a neighboring area or an entity's water supply.(f) Recommended FMSs or FMPs that will contribute to water supply may not result in an overallocation of a water source based on the water availability allocations in the most recently adopted State Water Plan.(g) Specific types of FMEs, FMPs, or FMSs that should be included and that should not be included in RFPs must be in accordance with guidance provided by the EA. Source Note: The provisions of this §361.39 adopted to be effective June 10, 2020, 45 TexReg 3792; amended to be effective November 1, 2023, 48 TexReg 6360. 10 TEXAS WATER DEVELOPMENT BOARD 361 REGIONAL FLOOD PLANNING C REGIONAL FLOOD PLAN REQUIREMENTS §361.39 Recommended Flood Management Evaluations, Flood Mitigation Projects, and Flood Management Strategies https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215429&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 215429 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215429&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 215429 03/11/2026 Regional flood plans shall include:(1) a region-wide summary of the relative reduction in flood risk that implementation of the RFP would achieve with regard to life, injuries, property, and other factors such as environment and agriculture;(2) a statement that the FMPs in the plan, when implemented, will not negatively affect neighboring areas located within or outside of the FPR;(3) a statement that the plan adequately provides for the preservation of life and property and the development of water supply sources, where applicable;(4) a general description of the types of potential positive and negative socioeconomic or recreational impacts of the recommended FMPs and FMSs within the FPR;(5) a general description of the overall impacts of the recommended FMPs and FMSs in the RFP on the environment, agriculture, recreational resources, water quality, erosion, sedimentation, and navigation; and(6) a summary describing how RFPG recommendations in the RFP meet the needs identified during the needs analysis task as well as adopted goals. Source Note: The provisions of this §361.40 adopted to be effective June 10, 2020, 45 TexReg 3792; amended to be effective November 1, 2023, 48 TexReg 6360. 10 TEXAS WATER DEVELOPMENT BOARD 361 REGIONAL FLOOD PLANNING C REGIONAL FLOOD PLAN REQUIREMENTS §361.40 Impacts of Regional Flood Plan https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199654&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199654 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199654&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199654 03/11/2026 (a) Regional flood plans shall include a region-wide summary and description of the contribution that the regional flood plan would have to water supply development including a list of the specific flood management strategies and/or flood mitigation projects that would contribute to water supply; and(b) a description of any anticipated impacts, including to water supply or water availability or projects in the State Water Plan, that the regional flood plan FMSs and FMPs may have. Source Note: The provisions of this §361.41 adopted to be effective June 10, 2020, 45 TexReg 3792. 10 TEXAS WATER DEVELOPMENT BOARD 361 REGIONAL FLOOD PLANNING C REGIONAL FLOOD PLAN REQUIREMENTS §361.41 Contributions to and Impacts on Water Supply Development and the State Water Plan https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199655&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199655 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199655&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199655 03/11/2026 RFPGs are to summarize the nature and types of flood response preparations within the FPR including providing where more detailed information is available regarding recovery. RFPGs shall not perform analyses or other activities related to planning for disaster response or recovery activities. Source Note: The provisions of this §361.42 adopted to be effective June 10, 2020, 45 TexReg 3792. 10 TEXAS WATER DEVELOPMENT BOARD 361 REGIONAL FLOOD PLANNING C REGIONAL FLOOD PLAN REQUIREMENTS §361.42 Flood Response Information and Activities https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215430&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 215430 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215430&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 215430 03/11/2026 RFPGs shall develop and include in their flood plans:(1) legislative recommendations that they consider necessary to facilitate floodplain management and flood mitigation planning and implementation;(2) other regulatory or administrative recommendations that they consider necessary to facilitate floodplain management and flood mitigation planning and implementation;(3) any other recommendations that the RFPG believes are needed and desirable to achieve its regional flood mitigation and floodplain management goals; and(4) recommendations regarding potential new revenue-raising opportunities including potential new municipal drainage utilities or regional flood authorities that could fund the development, operation, and maintenance of floodplain management or flood mitigation activities in the region. Source Note: The provisions of this §361.43 adopted to be effective June 10, 2020, 45 TexReg 3792; amended to be effective November 1, 2023, 48 TexReg 6360. 10 TEXAS WATER DEVELOPMENT BOARD 361 REGIONAL FLOOD PLANNING C REGIONAL FLOOD PLAN REQUIREMENTS §361.43 Administrative, Regulatory, and Legislative Recommendations https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215431&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 215431 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215431&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 215431 03/11/2026 RFPGs shall indicate how individual local governments, regional authorities, and other political subdivisions in their region propose to finance the region's recommended FMSs, FMPs, and FMEs included in their flood plan. The assessment shall also describe what role the RFPG proposes for the state in financing recommended FMEs, FMPs, and FMSs. Source Note: The provisions of this §361.44 adopted to be effective June 10, 2020, 45 TexReg 3792; amended to be effective November 1, 2023, 48 TexReg 6360. 10 TEXAS WATER DEVELOPMENT BOARD 361 REGIONAL FLOOD PLANNING C REGIONAL FLOOD PLAN REQUIREMENTS §361.44 Flood Infrastructure Financing Analysis https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215432&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 215432 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215432&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 215432 03/11/2026 Each RFPG shall, in accordance with guidance from the EA:(1) collect information from local sponsors of FMEs, FMPs and FMSs on implementation of previously recommended FMPs and provide to the EA;(2) as projects are implemented, incorporate those improvements and associated flood-risk reduction benefits into the plan and reflect in the subsequent RFPs; and(3) include a general description of how the new RFP differs from the previous plan including with regard to the status of existing flood infrastructure, flood mitigation achieved, goals, and recommended projects. Source Note: The provisions of this §361.45 adopted to be effective June 10, 2020, 45 TexReg 3792; amended to be effective November 1, 2023, 48 TexReg 6360. 10 TEXAS WATER DEVELOPMENT BOARD 361 REGIONAL FLOOD PLANNING C REGIONAL FLOOD PLAN REQUIREMENTS §361.45 Implementation and Comparison to Previous Regional Flood Plan https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215413&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 215413 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215413&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 215413 03/11/2026 (a) The RFPGs shall approve each recommended FME, FMP, and FMS by a vote and shall adopt their draft and final RFPs by a vote and submit their final adopted RFPs to the Board every five years on a date to be determined by the EA, as modified by subsection (d)(2)(D) of this section, for approval and inclusion in the State Flood Plan.(b) The draft RFP submitted to the EA must be in the electronic and paper format specified by the EA. Each draft RFP must certify that the draft RFP is complete and adopted by the RFPG.(c) Prior to adopting a final RFP, the RFPGs shall consider the following comments in accordance with §361.21 of this title (relating to General Notice Requirements) to include:(1) any written or oral comments received from the public on the draft RFP; and(2) the EA's written comments on the draft RFP.(d) RFPGs shall submit the draft RFP and the adopted RFPs and any subsequent amendments to approved RFPs to the EA in conformance with this section.(1) RFPs shall include:(A) The technical report and data prepared in accordance with this chapter and the EA's specifications;(B) A list of recommended FMEs, FMPs, and FMSs, with accompanying data to be used by the EA to rank each associated non-zero capital costs or other non-recurring costs in accordance with specifications and guidance to be provided by the EA;(C) An executive summary that documents key RFP findings and recommendations; and(D) In the adopted RFP, summaries of all written and oral comments received pursuant to subsection (c) of this section, with a response by the RFPG explaining how the plan was revised or why changes were not warranted in response to written comments received under subsection (c) of this section.(2) RFPGs shall submit RFPs to the EA according to the following schedule:(A) Draft RFPs are due every five years on a date disseminated by the EA unless an extension is approved, in writing, by the EA.(B) Prior to submission of the draft RFP, the RFPGs shall provide and or upload data, metadata, and all other relevant digital information supporting the plan to the Board, including to the Board's State Flood Plan Database, when available. All changes and corrections to this information must be entered into or otherwise updated in RFPG's dataset including into the Board's State Flood Plan Database, when available, prior to submittal of a final adopted RFP.(C) The RFPG shall make publicly available and transfer copies of all data, models, and reports generated by the planning process and used in developing the RFP to the EA. To the maximum extent possible, data shall be transferred in digital form according to specifications provided by the EA. One copy of all reports prepared by the RFPG shall be provided in digital format according to specifications provided by the EA. All digital mapping shall use a geographic information system according to specifications provided by the EA. The EA shall seek the input from the State Geographic Information Officer regarding specifications mentioned in this section.(D) Adopted RFPs are due to the EA every five years on a date disseminated by the EA unless, at the discretion of the EA, a time extension is granted by the EA.(E) Once approved by the Board, RFPs shall be made available on the Board website.(e) Upon receipt of an RFP adopted by the RFPG, the Board shall consider approval of such plan based on the following criteria:(1) verified adoption of the RFP by the RFPG;(2) whether the RFP satisfies the requirements for regional flood plans adopted in the guidance principles at §361.20 of this title (relating to Guidance Principles for State and Regional Flood Planning);(3) whether the RFP adequately provides for the preservation of life and property and the development of water supply sources, where applicable; and(4) the RFP does not negatively affect a neighboring area.(f) The Board may approve an RFP only after it has determined that the RFP complies with statute and rules.(g) RFPs approved by the Board pursuant to this chapter shall be incorporated into the State Flood Plan as outlined in §362.4 of this title (relating to State Flood Plan Guidelines).(h) The RFPGs must submit their adopted RFPs to the Board every five years on a date determined by the EA for approval and inclusion in the State Flood Plan. Source Note: The provisions of this §361.50 adopted to be effective June 10, 2020, 45 TexReg 3792; amended to be effective November 1, 2023, 48 TexReg 6360. 10 TEXAS WATER DEVELOPMENT BOARD 361 REGIONAL FLOOD PLANNING D ADOPTION, SUBMITTAL, AND AMENDMENTS TO REGIONAL FLOOD PLANS §361.50 Adoption, Submittal, Notifications, and Approval of Regional Flood Plans https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215414&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 215414 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215414&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 215414 03/11/2026 (a) Local Flood Planning Amendment Requests. A Political Subdivision in the FPR may request an RFPG to consider an amendment to an adopted RFP based on changed conditions or new information. An RFPG must formally consider such request within 180 days after its receipt and shall amend its adopted RFP if it determines an amendment is warranted.(b) If the Political Subdivision is not satisfied with the RFPG's decision on the issue, it may file a petition with the EA to request review of the RFPG's decision and consider the amendment to the approved RFP. The Political Subdivision shall send the petition to the EA and the chair of the affected RFPG.(1) The petition must include:(A) the changed condition or new information that affects the approved RFP;(B) the specific sections and provisions of the approved RFP that may be affected by the changed condition or new information;(C) the efforts made by the Political Subdivision to work with the RFPG to obtain an amendment; and(D) any other information that may be useful to the EA in determining whether an amendment is necessary.(2) If the EA determines that the changed condition or new information warrants a change in the approved RFP, the EA shall request the RFPG to consider making the appropriate change. If the RFPG does not amend its plan consistent with the request within 90 days, it shall provide a written explanation to the EA explaining the reason for not amending the RFP, after which the EA may present the issue to the Board for consideration at a public meeting. The Board may then direct the RFPG to amend its RFP.(c) Amendments to RFPs and State Flood Plan. An RFPG may amend an adopted, Board-approved RFP at a regular RFPG meeting. An RFPG must obtain Board approval of all amendments to RFPs under the standards and procedures of this section. The RFPG may initiate an amendment, or an entity may request an RFPG to amend its adopted, Board-approved RFP.(1) The RFPG shall hold a public meeting at which the RFPG may choose to take action on the amendment. The amendment shall be available for EA and public comment in accordance with §361.21 of this title.(2) The RFPG amendment materials shall be submitted to the EA and shall:(A) include the RFPG responses to all comments received on the amendment in associated with notice in §361.21 of this title; and(B) demonstrate that the amended RFP complies with statute and rules including that it satisfies the requirements in the guidance principles §362.3 of this title (relating to Guidance Principles) and does not negatively affect a neighboring area.(3) After adoption of the amendment, the RFPG shall submit the amendment and its response to comment to the Board which shall consider approval of the amendment following EA review of the amendment.(d) All amendments to an RFP must meet all the requirements related to development of an RFP.(e) Following amendments of RFPs, the Board shall make any necessary amendments to the State Flood Plan as outlined in §362.4(b) of this title (relating to State Flood Plan Guidelines).(f) RFPGs may adopt errata to the final RFP to correct minor, non-substantive errors identified after adoption of the final RFP but prior to adoption of the corresponding State Flood Plan. Before adopting errata to a final RFP, the RFPG must provide public notice and receive comments in accordance with §361.21 of this title. Upon adoption of the errata, the RFPG shall submit to the EA an errata package containing revised pages of the RFP and public comments received. The EA will notify the RFPG within 60 days whether the errata are acceptable as errata or will need to be made through the amendment process. Source Note: The provisions of this §361.51 adopted to be effective June 10, 2020, 45 TexReg 3792; amended to be effective November 1, 2023, 48 TexReg 6360. 10 TEXAS WATER DEVELOPMENT BOARD 361 REGIONAL FLOOD PLANNING D ADOPTION, SUBMITTAL, AND AMENDMENTS TO REGIONAL FLOOD PLANS §361.51 Amendments to Regional Flood Plans https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199658&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199658 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199658&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199658 03/11/2026 RFPGs shall resolve issues related to projects in their plan that will negatively affect neighboring areas within the FPR. The EA will provide technical assistance, within available resources, to the RFPGs requesting such assistance and may assist in facilitating resolution of issues within FPRs. Source Note: The provisions of this §361.60 adopted to be effective June 10, 2020, 45 TexReg 3792. 10 TEXAS WATER DEVELOPMENT BOARD 361 REGIONAL FLOOD PLANNING E NEGATIVE EFFECTS ON NEIGHBORING AREAS AND FAILURE TO MEET REQUIREMENTS §361.60 Addressing Negative Effects on Neighboring Areas Within Flood Planning Regions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215415&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 215415 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215415&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 215415 03/11/2026 (a) In the event an RFPG has asserted or the Board finds that there is an element of a draft RFP that will negatively affect a neighboring area in a different FPR, the involved regions shall make a good faith effort to voluntarily work together to resolve the issue.(b) The EA may use the following process to address the issue:(1) notify the affected RFPGs of the nature of the potential negative effect;(2) request affected RFPGs appoint a representative or representatives authorized to negotiate on behalf of the RFPG and notify the EA in writing of the appointment; and(3) assist in negotiating resolutions of the issue with RFPGs.(c) In the event the negotiations are unsuccessful, the EA may:(1) propose a recommendation for resolution of the issue to the Board; or(2) hold a public meeting on the proposed recommendation for resolution of the issue at a time and place determined by the EA. At the meeting, the EA may take comments from the RFPGs, Political Subdivisions, and members of the public on the issues identified by the Board as unresolved issues; and(3) after the public meeting, the EA may make a recommendation to the Board for resolution of the issue.(d) The Board shall consider the EA's recommendation and any written statements by a representative for each affected RFPG and determine the resolution of the issue.(e) The EA shall notify affected RFPGs of Board's decision and shall direct changes to the affected RFPs, to be incorporated in accordance with Texas Water Code §16.062(i).(f) The Board may also, at its discretion, consider approving a regional flood plan with the exception of the specific element that will negatively affect a neighboring area. Source Note: The provisions of this §361.61 adopted to be effective June 10, 2020, 45 TexReg 3792; amended to be effective November 1, 2023, 48 TexReg 6360. 10 TEXAS WATER DEVELOPMENT BOARD 361 REGIONAL FLOOD PLANNING E NEGATIVE EFFECTS ON NEIGHBORING AREAS AND FAILURE TO MEET REQUIREMENTS §361.61 Addressing Negative Effects on Neighboring Areas Between Flood Planning Regions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199660&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199660 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199660&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199660 03/11/2026 (a) In the event the Board finds that the RFP does not meet the requirements of the Texas Water Code §16.062, this chapter, and Chapter 362 of this title (relating to State Flood Planning Guidelines), the Board shall direct the RFPG to make changes necessary for compliance with legal requirements.(b) In the event the Board directs the RFPG to make changes to its RFP, the RFPG may request a reasonable amount of time, within any statutory deadlines, to complete the required changes. Source Note: The provisions of this §361.62 adopted to be effective June 10, 2020, 45 TexReg 3792. 10 TEXAS WATER DEVELOPMENT BOARD 361 REGIONAL FLOOD PLANNING E NEGATIVE EFFECTS ON NEIGHBORING AREAS AND FAILURE TO MEET REQUIREMENTS §361.62 Failure of a Regional Flood Plan to Meet Regional Flood Planning Requirements https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215418&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 215418 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215418&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 215418 03/11/2026 (a) The EA will notify the RFPGs that funds are available and that applications will be accepted from Planning Group Sponsors for grants to develop or negotiate a scope of work or to develop or revise regional flood plans. An RFPG may not receive grant funds unless the RFPG has provided the EA with a copy of the RFPG's adopted by-laws.(b) The RFPG shall provide a written designation to the EA naming the Planning Group Sponsor that is authorized to request grant funds on behalf of the RFPG.(c) The RFPG meeting to consider its additional, region-specific, public notice requirements in accordance with §361.12(a)(3) of this title (relating to General Regional Flood Planning Group Responsibilities and Procedures) must occur prior to taking action regarding its request for funding under this subchapter and must be documented in its application for funding.(d) The designated Planning Group Sponsor shall provide notice that a request for funding is being submitted in accordance with §361.21 of this title (relating to General Notice Requirements).(e) The EA may request clarification from the Planning Group Sponsor, if necessary, to evaluate the application. Incomplete applications may be rejected and returned to the applicant. Source Note: The provisions of this §361.70 adopted to be effective June 10, 2020, 45 TexReg 3792; amended to be effective November 1, 2023, 48 TexReg 6360. 10 TEXAS WATER DEVELOPMENT BOARD 361 REGIONAL FLOOD PLANNING F REGIONAL FLOOD PLANNING GRANTS §361.70 Planning Group Sponsor Request for Funding https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215416&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 215416 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215416&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 215416 03/11/2026 (a) The EA will provide a summary of regional flood planning funding allocations with recommendations for approval to the Board for consideration at a public meeting of the Board. The EA shall notify the RFPGs and other persons who have provided comments of the time and place of such meeting.(b) If the Board approves the funding allocation, the Planning Group Sponsor will be notified of the deadline for executing a contract with the Board. If the Planning Group Sponsor does not enter into a contract by the specified deadline, then the Board's approval expires and no funds will be provided. The Planning Group Sponsor may request an extension of time for good cause shown prior to the contract execution deadline.(c) The Board may approve, deny, amend, or continue consideration of allocation of funding to any Planning Group Sponsor.(d) The Planning Group Sponsor must demonstrate the availability of matching funds when applicable. However, the Board may in its discretion award up to 100% of the necessary and direct costs of the development or revision of a plan.(e) The contracts and sub-contracts for regional flood planning funds shall include:(1) a detailed statement of the purpose for which the money is to be used;(2) a scope of work;(3) the total amount of money to be paid under the contract and, as determined by the EA, subdivided into budget tasks;(4) the time for completion; and(5) any other terms and conditions required by the EA or agreed to by the contracting parties. Source Note: The provisions of this §361.71 adopted to be effective June 10, 2020, 45 TexReg 3792; amended to be effective November 1, 2023, 48 TexReg 6360. 10 TEXAS WATER DEVELOPMENT BOARD 361 REGIONAL FLOOD PLANNING F REGIONAL FLOOD PLANNING GRANTS §361.71 Board Consideration of Funding Requests, Applicant's Responsibilities, and Contract https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215417&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 215417 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215417&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 215417 03/11/2026 (a) Limitations of funding. The Board has sole discretion in determining which activities are necessary for the development or revision of RFPs. However, no funds provided by the Board may be expended by RFPGs for the following:(1) activities for which the EA determines existing information, data, or analyses are sufficient for the planning effort including but not limited to:(A) model development, modeling, or collection of data describing flood hazard exposure or flood risks where information for evaluation of flood hazard exposure or flood risks is currently available from other sources or that will be made available by TWDB or others in sufficient time, with appropriate methodologies and details to be utilized by the RFPG in development of their RFP;(B) detailed technical evaluations of FMEs or FMSs or FMPs, including regarding feasibility, cost, or impacts, where recent, sufficient information for planning is available, including from the Board or other entity, to evaluate the FMEs or FMPs or FMSs;(C) evaluations of topics not directly related to the regional flood planning contract scope of work or related flood planning rules for development of regional flood plans; and(D) revision of the Board-adopted state population projections.(2) activities directly related to the preparation of applications for state or federal permits or other approvals, activities associated with administrative or legal proceedings by regulatory agencies, and preparation of engineering plans and specifications;(3) costs associated with administration of the plan's development by the Planning Group Sponsor or RFPG members, including but not limited to:(A) compensation for the time or expenses of RFPGs members' service on or for the RFPG;(B) costs of administering the RFPGs, other than those explicitly allowed under subsection (b) of this section;(C) costs for training;(D) costs of developing an application for funding or reviewing materials developed due to this grant; and(4) analysis or other activities related to planning for disaster response or recovery activities; and(5) analyses of benefits and costs of FMSs beyond the scope of such analyses that is specifically allowed or required by regional flood planning guidance to be provided by the EA unless the RFPG demonstrates to the satisfaction of the EA that these analyses are needed to determine the selection of the FMS or FMP.(b) The following administrative costs are eligible for funding if the RFPG or its chairperson approves that the expenses are eligible for reimbursement and are correct and necessary:(1) travel expenses, as authorized by the General Appropriations Act, are available only for attendance at a posted meeting of the RFPG unless the travel is specifically authorized by the RFPG and EA;(2) costs associated with providing translators and accommodations for persons with disabilities for public meetings when required by law or deemed necessary by the RFPGs and certified by the chairperson;(3) direct costs, of the Planning Group Sponsor, for placing public notices for the legally required public meetings and of providing copies of information for the public and for members of the RFPGs as needed for the efficient performance of planning work;(4) the cost of public notice postings including a website and for postage for mailing notices of public meetings;(5) the Planning Group Sponsor's personnel costs, for the staff hours that are directly spent providing, preparing for, and posting public notice for RFPG meetings, including time and direct expenses for their support of and attendance at such RFPG meetings in accordance with, and as specifically limited by, the flood planning grant contract with the Board;(6) the reasonable cost of purchase or rental of audio-visual equipment that is necessary to comply with Texas Government Code Chapter 551 related to Open Meetings; and(7) the cost of rental space to hold RFPG meetings.(c) Subcontracting. An RFPG through the Planning Group Sponsor's contractor or subcontractor may obtain professional services, including the services of a planner, land surveyor, licensed engineer, or attorney, for development or revision of a regional flood plan only if such services are procured on the basis of demonstrated competence and qualifications through a request for qualifications process in accordance with Texas Government Code Chapter 2254. Source Note: The provisions of this §361.72 adopted to be effective June 10, 2020, 45 TexReg 3792; amended to be effective November 1, 2023, 48 TexReg 6360. 10 TEXAS WATER DEVELOPMENT BOARD 361 REGIONAL FLOOD PLANNING F REGIONAL FLOOD PLANNING GRANTS §361.72 Use of Funds https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199664&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199664 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199664&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199664 03/11/2026 This subchapter governs the TWDB's preparation, development, and formulation of the state flood plan and the Board's adoption of the state flood plan. Source Note: The provisions of this §362.1 adopted to be effective June 10, 2020, 45 TexReg 3851. 10 TEXAS WATER DEVELOPMENT BOARD 362 STATE FLOOD PLANNING GUIDELINES A STATE FLOOD PLAN DEVELOPMENT §362.1 Applicability https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215374&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 215374 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215374&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 215374 03/11/2026 (a) 1% Annual Chance Flood Event--Flood event having a 1% chance of being equaled or exceeded in any given year, also referred to as the base flood or 100-year flood.(b) 0.2% Annual Chance Flood Event--Flood event having a 0.2% chance of being equaled or exceeded in any given year, also referred to as the 500-year flood.(c) Board--The governing body of the Texas Water Development Board.(d) Executive Administrator (EA)--The Executive Administrator of the TWDB or a designated representative.(e) Flood Management Evaluation (FME)--A proposed study to identify, assess, and quantify flood risk or identify, evaluate, and recommend flood risk reduction solutions.(f) Flood Management Strategy (FMS)--Flood risk reduction solution ideas and strategies that do not belong in FME or FMP categories. Examples may include regulatory enhancements, development of entity-wide buyout programs, and public outreach and education.(g) Flood Mitigation--The implementation of actions, including both structural and non-structural solutions, to reduce flood risk to protect against the loss of life and property.(h) Flood Mitigation Project (FMP)--A proposed flood project, both structural and non- structural, that has a non-zero capital costs or other non-recurring cost and that when implemented will reduce flood risk or mitigate flood hazards to life or property.(i) Neighboring area--Any area, including but not limited to upstream and downstream areas, potentially affected by the proposed flood mitigation project.(j) Political Subdivision--County, city, or other body politic or corporate of the state, including any district or authority created under Art. 3 §52 or Art. 16 §59 of the Constitution and including any interstate compact commission to which the state is a party and any nonprofit WSC created and operating under Ch. 67.(k) Regional Flood Plan (RFP)--The plan adopted or amended by a Regional Flood Planning Group pursuant to Texas Water Code §16.062 (relating to Regional Flood Plans) and this chapter.(l) State Flood Plan (SFP)--The most recent State Flood Plan adopted or amended by the Board under Texas Water Code §16.061 (relating to State Flood Plan).(m) TWDB--Texas Water Development Board. Source Note: The provisions of this §362.2 adopted to be effective June 10, 2020, 45 TexReg 3851; amended to be effective October 26, 2023, 48 TexReg 6218. 10 TEXAS WATER DEVELOPMENT BOARD 362 STATE FLOOD PLANNING GUIDELINES A STATE FLOOD PLAN DEVELOPMENT §362.2 Definitions and Acronyms https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215375&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 215375 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215375&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 215375 03/11/2026 (a) Regional flood planning guidance principles shall be the same as the state flood planning guidance principles and will be revisited every five years.(b) Development of the regional and state flood plans shall be guided by the following principles. The regional and state flood plans:(1) shall be a guide to state, regional, and local flood risk management policy;(2) shall be based on the best available science, data, models, and flood risk mapping;(3) shall focus on identifying both current and future flood risks, including hazard, exposure, vulnerability and residual risks; selecting achievable flood mitigation goals, as determined by each RFPG for their region; and incorporating strategies and projects to reduce the identified risks accordingly;(4) shall, at a minimum, evaluate flood hazard exposure to life and property associated with the 1% and 0.2% annual chance flood events (the 100 and 500-year floods) and, in these efforts, shall not be limited to consideration of historic flood events;(5) shall, at a minimum, evaluate flood risk to life and property associated with 1% annual chance flood event (the 100-year flood) and address, when feasible, through recommended projects and strategies, the flood mitigation goals of the RFPG in paragraph 3 of this subsection to address flood events associated with a 1% annual chance flood event (the 100-year flood); and, in these efforts, shall not be limited to consideration of historic flood events;(6) shall consider the extent to which current floodplain management, land use regulations, and economic development practices increase future flood risks to life and property and consider recommending adoption of floodplain management, land use regulations, and economic development practices to reduce future flood risk;(7) shall consider future development within the planning region and its potential to impact the benefits of flood management strategies (and associated projects) recommended in the plan;(8) shall consider various types of flooding risks that pose a threat to life and property, including, but not limited to, riverine flooding, urban flooding, engineered structure failures, slow rise flooding, ponding, flash flooding, and coastal flooding, including relative sea level change and storm surge;(9) shall focus primarily on flood management strategies and projects with a contributing drainage area greater than or equal to 1.0 (one) square mile except in instances of flooding of critical facilities or transportation routes or for other reasons, including levels of risk or project size, as determined by the RFPG;(10) shall consider the potential upstream and downstream effects, including environmental, of potential flood mitigation projects and flood management strategies on neighboring areas. In recommending projects and strategies, RFPGs shall ensure that no neighboring area is negatively affected by the regional flood plan;(11) shall include an assessment of existing, major flood mitigation infrastructure and will recommend both new strategies and projects that will further reduce risk, beyond what existing flood strategies and projects were designed to provide, and make recommendations regarding required expenditures to address deferred maintenance on or repairs to existing flood infrastructure;(12) shall include the estimate of costs and benefits at a level of detail sufficient for RFPGs and sponsors of flood mitigation projects to understand project benefits and, when applicable, compare the relative benefits and costs, including environmental and social benefits and costs, between feasible options;(13) shall provide for the orderly preparation for and response to flood conditions to protect against the loss of life and property and reduce injuries and other flood-related human suffering;(14) shall provide for an achievable reduction in flood risk at a reasonable cost to protect against the loss of life and property from flooding;(15) shall be supported by state agencies, including the TWDB, General Land Office, Texas Commission on Environmental Quality, Texas State Soil and Water Conservation Board, Texas Parks and Wildlife Department, and the Texas Department of Agriculture, working cooperatively to avoid duplication of effort and to make the best and most efficient use of state and federal resources;(16) shall include recommended strategies and projects that minimize residual flood risk and provide effective and economical management of flood risk to people, properties, and communities, and associated environmental benefits;(17) shall include strategies and projects that provide for a balance of structural and nonstructural flood mitigation measures, including projects that use nature-based features, that lead to long- term mitigation of flood risk;(18) shall contribute to water supply development where possible;(19) shall also follow all regional and state water planning guidance principles per §358.3 of this title (relating to State Water Planning Guidelines) in instances where recommended flood projects also include a water supply component;(20) shall be based on decision-making that is open to, understandable for, and accountable to the public with full dissemination of planning results except for those matters made confidential by law;(21) shall be based on established terms of participation that shall be equitable and shall not unduly hinder participation;(22) shall include flood management strategies and projects recommended by the RFPGs that are based upon identification, analysis, and comparison of all flood management strategies the RFPGs determine to be potentially feasible to meet flood mitigation and floodplain management goals;(23) shall consider land-use and floodplain management policies and approaches that support short- and long-term flood mitigation and floodplain management goals;(24) shall consider natural systems and beneficial functions of floodplains, including flood peak attenuation and ecosystem services;(25) shall be consistent with the National Flood Insurance Program (NFIP) and shall not undermine participation in nor the incentives or benefits associated with the NFIP;(26) shall emphasize the fundamental importance of floodplain management policies that reduce flood risk;(27) shall encourage flood mitigation design approaches that work with rather than against natural patterns and conditions of floodplains;(28) shall not cause long-term impairment to the designated water quality as shown in the state water quality management plan as a result of a recommended flood management strategy or project;(29) shall be based on identifying common needs, issues, and challenges; achieving efficiencies; fostering cooperative planning with local, state, and federal partners; and resolving conflicts in a fair, equitable, and efficient manner;(30) shall include recommended strategies and projects that are described in sufficient detail to allow a state agency making a financial or regulatory decision to determine if a proposed action before the state agency is consistent with an approved regional flood plan;(31) shall include ongoing flood projects that are in the planning stage, have been permitted, or are under construction;(32) shall include legislative recommendations that are considered necessary and desirable to facilitate flood management planning and implementation to protect life and property;(33) shall be based on coordination of flood management planning, strategies, and mitigation projects with local, regional, state, and federal agencies projects and goals;(34) shall be in accordance with all existing water rights laws including, but not limited to, Texas statutes and rules, federal statutes and rules, interstate compacts, and international treaties;(35) shall consider protection of vulnerable populations;(36) shall consider benefits of flood mitigation projects and flood management strategies to water quality, fish and wildlife, ecosystem function, and recreation, as appropriate;(37) shall minimize adverse environmental impacts and be in accordance with adopted environmental flow standards;(38) shall consider how long-term maintenance and operation of flood mitigation projects and flood management strategies will be conducted and funded; and(39) shall consider multi-use opportunities such as green space, parks, water quality, or recreation, portions of which could be funded, constructed, and or maintained by additional, third-party project participants. Source Note: The provisions of this §362.3 adopted to be effective June 10, 2020, 45 TexReg 3851; amended to be effective October 26, 2023, 48 TexReg 6218. 10 TEXAS WATER DEVELOPMENT BOARD 362 STATE FLOOD PLANNING GUIDELINES A STATE FLOOD PLAN DEVELOPMENT §362.3 Guidance Principles https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215376&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 215376 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215376&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 215376 03/11/2026 (a) The EA shall prepare, develop, and formulate the state flood plan and the Board shall adopt a state flood plan pursuant to the schedule in Texas Water Code §16.061.(b) The EA shall incorporate into the state flood plan presented to the Board those RFPs approved by the Board pursuant to Texas Water Code §16.062 and Chapter 361 of this title (relating to Regional Flood Planning). The Board shall, not less than 30 days before adoption or amendment of the state flood plan, publish notice of its intent to adopt a state flood plan and shall mail notice to each RFPG. The Board shall hold a public meeting during which it may adopt a state flood plan or amendments thereto.(c) The state flood plan shall incorporate information from Board-approved RFPs, and shall address, at a minimum, the following:(1) basis for state flood planning, including sections on Texas water statutes, rules, regulations, and Texas' flood management and mitigation institutions;(2) summary of the condition and adequacy of major flood control infrastructure on a regional basis;(3) summary of existing flood risk associated with 1% annual chance and 0.2% annual chance flood events;(4) description of methods used to develop the regional and state flood plans;(5) a statewide, ranked list of recommended FMEs and FMPs that have associated one-time capital costs or other non-recurring costs, and FMSs with non-recurring non-capital costs derived from the Board-approved RFPs;(6) an analysis of completed, ongoing, and proposed FMEs, FMPs, and FMSs included in previous state flood plans including projects funded by the TWDB;(7) a discussion of how the recommended FMEs, FMPs, and FMSs will reduce flood risk and mitigate flood hazards; and(8) legislative recommendations the Board considers necessary to facilitate flood mitigation planning and FME, FMP, and FMS implementation. Source Note: The provisions of this §362.4 adopted to be effective June 10, 2020, 45 TexReg 3851; amended to be effective October 26, 2023, 48 TexReg 6218. 10 TEXAS WATER DEVELOPMENT BOARD 362 STATE FLOOD PLANNING GUIDELINES A STATE FLOOD PLAN DEVELOPMENT §362.4 State Flood Plan Guidelines https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203445&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 203445 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203445&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 203445 03/11/2026 This subchapter shall govern the board's programs of financial assistance under the following programs established by the Texas Water Code:(1) in Chapter 15:(A) Water Assistance Fund under Subchapter B;(B) Water Loan Assistance Fund under Subchapter C;(C) Storage Acquisition Program authorized under Subchapter E;(D) Colonia Self-Help Program authorized under Subchapter P;(E) Program for Water and Wastewater Financial Assistance for Disadvantaged Rural Communities authorized under Subchapter O;(F) Water Infrastructure Fund under Subchapter Q;(G) State Water Implementation Fund for Texas and State Water Implementation Revenue Fund for Texas under Subchapter M; and(H) Flood Infrastructure Fund under Subchapter I;(2) in Chapter 16, state participation in the purchase or acquisition of facilities under Subchapters E and F;(3) in Chapter 17:(A) the programs of assistance under the Texas water development funds; and(B) the programs of assistance under the water financial assistance bond program (Development Fund II, Subchapter L), including:(i) financing of water supply projects under Subchapter D;(ii) water quality enhancement projects including municipal solid waste facilities under Subchapter F;(iii) flood control projects under Subchapter G; and(iv) economically distressed areas projects under Subchapter K;(4) in Chapter 17, Revenue Bond Program under Subchapter I; and(5) in Chapter 36, Groundwater District Loan Program, under Subchapter L. Source Note: The provisions of this §363.1 adopted to be effective July 19, 1991, 16 TexReg 3768; amended to be effective November 7, 2001, 26 TexReg 8847; amended to be effective December 9, 2003, 28 TexReg 10951; amended to be effective December 25, 2007, 32 TexReg 9721; amended to be effective November 26, 2014, 39 TexReg 9209; amended to be effective February 3, 2021, 46 TexReg 832. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS A GENERAL PROVISIONS §363.1 Scope of Subchapter https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222375&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 222375 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222375&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 222375 03/11/2026 The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. Words defined in the Texas Water Code, Chapter 15, 16 or 17, and not defined here shall have the meanings provided by the appropriate Texas Water Code chapter.(1) Applicant--The entity applying for financial assistance, including the entity that receives the financial assistance, the entity that owns the project funded under this chapter, or an entity authorized to act on behalf of the applicant.(2) Alternative Delivery Guidance--A document prepared by the Board after public review and comment and reviewed periodically that identifies alternative methods of project delivery available to applicants for financial assistance and the requirements for utilizing an alternative delivery method.(3) Board--Texas Water Development Board.(4) Building--Erecting, building, acquiring, altering, remodeling, improving, or extending a water supply project, treatment works, or flood control measures.(5) Certification of trust--An instrument executed by a home-rule municipality pursuant to Chapter 104, Local Government Code, governing the management of the loan proceeds in accordance with §114.086, Texas Property Code.(6) Closing--The time at which the requirements for loan closing have been completed under §363.42 of this title (relating to Loan Closing) and an exchange of debt for delivery of funds to either the applicant, an escrow agent bank, or a trust agent has occurred.(7) Commission--Texas Commission on Environmental Quality.(8) Commitment--An offer by the board to provide financial assistance to an applicant who timely fulfills the conditions required in a board resolution.(9) Community Water System - Has the meaning assigned by 30 TAC §290.38.(10) Construction account--A separate account created and maintained for the deposit of loan funds and utilized by the applicant to pay eligible expenses of the project.(11) Corporation--A nonprofit water supply corporation created and operating under Texas Water Code, Chapter 67.(12) Debt--All bonds, notes, certificates, book-entry obligations, and other obligations authorized to be issued by any political subdivision.(13) Department--Texas Department of State Health Services.(14) Escrow account--A separate account maintained by an escrow agent for the board's deposit of escrowed funds until such funds are eligible for release to the construction account.(15) Escrow agent--Any of the following:(A) a state or national bank designated by the comptroller as a state depository institution in accordance with Texas Government Code, Chapter 404, Subchapter C;(B) a custodian of collateral as designated in accordance with Texas Government Code, Chapter 404, Subchapter D; or(C) a municipal official responsible for managing the fiscal affairs of a home-rule municipality in accordance with Local Government Code, Chapter 104.(16) Executive administrator--The executive administrator of the board or a designated representative.(17) Financial assistance--Loans, grants, or state acquisition of facilities by the board pursuant to the Texas Water Code, Chapters 15, Subchapters B, C, E, G, H, O, P, and Q; Chapter 16, Subchapters E, and F; Chapter 17, Subchapters D, F, G, I, K, and L; and Chapter 36, Subchapter L.(18) Grants--Financial assistance provided by the board for which repayment is not required.(19) Innovative technology--Nonconventional methods of treatment such as rock reed, root zone, ponding, irrigation or other technologies which represent a significant advance in the state of the art.(20) Legislative Designation--A designation made by the legislature in accordance with §16.051(f) and (g), Texas Water Code.(21) Municipal use in gallons per capita per day--The total average daily amount of water diverted or pumped for treatment for potable use by a public water supply system. The calculation is made by dividing the water diverted or pumped for treatment for potable use by population served. Indirect reuse volumes shall be credited against total diversion volumes for the purpose of calculating gallons per capita per day for targets and goals developed pursuant to a water conservation plan.(22) Pre-design commitment--A commitment by the board prior to completion of planning or design pursuant to §363.16 of this title (relating to Pre-design Funding Option).(23) Private placement memorandum--A document functionally similar to an official statement used in connection with an offering of municipal securities in a private placement.(24) Release--The time at which funds are made available to the loan or grant recipient or to a state participation recipient pursuant to a master agreement.(25) Risk-Based Review-- Method of review of plans, specifications, and related documents for sewage collection, treatment, and disposal system projects that are compliant with existing state statutes and good public health engineering practices pursuant to Texas Water Code §17.276.(26) Rural Political Subdivision--A nonprofit water supply or sewer service corporation created and operating under Chapter 67 of the Texas Water Code or a district or authority created under Section 52, Article III, or Section 59, Article XVI, Texas Constitution, no part of the service area of which is located in an urban area with a population of more than 50,000;(27) SWIFT--The state water implementation fund for Texas.(28) SWIRFT--The state water implementation revenue fund for Texas.(29) Water Plan--The current state water plan prepared and adopted in accordance with Texas Water Code, §16.051.(30) WIF--The water infrastructure fund.(31) WLAF--The water loan assistance fund. Source Note: The provisions of this §363.2 adopted to be effective July 19, 1991, 16 TexReg 3768; amended to be effective August 12, 1994, 19 TexReg 5847; amended to be effective November 10, 1995, 20 TexReg 8908; amended to be effective October 13, 1997, 22 TexReg 9892; amended to be effective February 16, 1999, 24 TexReg 766; amended to be effective December 7, 1999, 24 TexReg 10882; amended to be effective November 7, 2001, 26 TexReg 8847; amended to be effective December 3, 2002, 27 TexReg 11156; amended to be effective December 9, 2003, 28 TexReg 10951; amended to be effective December 6, 2004, 29 TexReg 11368; amendedtobe effective December 25, 2007, 32 TexReg 9721; amended to be effective July 30, 2012, 37 TexReg 5597; amended to be effective November 26, 2014, 39 TexReg 9209; amended to be effective May 6, 2018, 43 TexReg 2785; amended to be effective March 1, 2023, 48 TexReg 1137; amended to be effective November 26, 2024, 49 TexReg 9562. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS A GENERAL PROVISIONS §363.2 Definitions of Terms https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203446&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 203446 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203446&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 203446 03/11/2026 The board may provide financial assistance under this chapter for one or more elements of construction defined in Texas Water Code, §17.001(8) or a flood project defined in Texas Water Code, §15.531(2). Source Note: The provisions of this §363.4 adopted to be effective August 12, 1994, 19 TexReg 5847; amended to be effective February 3, 2021, 46 TexReg 832. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS A GENERAL PROVISIONS §363.4 Activities Funded https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=134297&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 134297 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=134297&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 134297 03/11/2026 Prior to seeking financial assistance, an applicant may be required to schedule a preapplication conference with the executive administrator to obtain guidance and establish basic eligibility of the project and political subdivision for financial assistance. Source Note: The provisions of this §363.11 adopted to be effective July 19, 1991, 16 TexReg 3768; amended to be effective May 6, 2003, 28 TexReg 3732; amended to be effective December 25, 2007, 32 TexReg 9721. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS A GENERAL PROVISIONS §363.11 Preapplication Meeting https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222376&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 222376 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222376&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 222376 03/11/2026 An application will be in the form and in numbers prescribed by the executive administrator.(1) The executive administrator may request any additional information needed to evaluate the application and may return any incomplete applications.(2) The following information is required on all applications to the board for financial assistance to be considered an administratively complete application:(A) General, fiscal and legal information required includes:(i) the name and address of the political subdivision;(ii) a citation of the law under which the political subdivision operates and was created;(iii) the total cost of the project;(iv) the amount of financial assistance being requested;(v) a description of the project;(vi) the name, address, e-mail, and telephone number of the authorized representative, engineer and any other consultant(s);(vii) for financial assistance requiring repayment, the source of repayment and the status of legal authority to pledge selected revenues;(viii) for financial assistance requiring repayment, the financing plan for repaying the total cost of the project;(ix) the political subdivision's default history;(x) an audit of the applicant for the preceding year prepared in accordance with generally accepted auditing standards by a certified public accountant or licensed public accountant, unless an alternative method of establishing a reliable accounting of the financial records of the applicant is approved by the executive administrator;(xi) a certified copy of a resolution of the political subdivision's governing body requesting financial assistance from the board, authorizing the submission of the application, and designating the authorized representative for executing the application, and for appearing before the board;(xii) a notarized affidavit from the authorized representative stating;(I) for a political subdivision, the decision to request financial assistance from the board was made in a public meeting held in accordance with the Open Meetings Act (Texas Government Code, Chapter 551);(II) the information submitted in the application is true and correct according to the best knowledge and belief of the representative;(III) the applicant has no litigation or other proceedings pending or threatened against the applicant that would materially adversely affect the financial condition of the applicant or the ability of the applicant to issue debt;(IV) all pending, threatened, or outstanding judgments, orders, fines, penalties, taxes, assessment or other enforcement or compliance issue of any kind or nature by EPA, Texas Commission on Environmental Quality, Texas Comptroller of Public Accounts, Texas Secretary of State, or any other federal, state or local government;(V) the applicant is, or will become, in compliance with all of its material contracts; and(VI) the applicant is and will remain during the term of any financial assistance received from the board, in compliance with all applicable federal laws, rules, and regulations as well as the laws of this state and the rules and regulations of the board.(xiii) any special request for repayment structure that reflects the particular needs of the political subdivision.(B) Preliminary Engineering feasibility report. An applicant shall submit an engineering feasibility report in accordance with §363.13 of this title (relating to Preliminary Engineering Feasibility Report).(C) Environmental assessment. An applicant shall submit an environmental assessment in accordance with §363.14 of this title (relating to Environmental Assessment).(D) Required water conservation plan. An applicant shall submit a water conservation plan prepared in accordance with §363.15 of this title (relating to Required Water Conservation Plan).(E) Required water loss audit. An applicant that is a retail public utility that provides potable water shall submit its most recent water loss audit in accordance with §358.6 of this title (relating to Water Loss Audits), unless it has previously been submitted.(F) Funding from other sources. If additional funds are necessary to complete the project, or if the applicant has applied for and/or received a commitment from any other source for the project or any aspect of the project, an applicant shall submit a listing of those sources, including total project costs, financing terms, and current status of the funding requests.(G) Additional application information. An applicant shall submit any additional information requested by the executive administrator as necessary to complete the financial, legal, engineering, and environmental reviews. Source Note: The provisions of this §363.12 adopted to be effective July 19, 1991, 16 TexReg 3768; amended to be effective December 25, 2007, 32 TexReg 9721; amended to be effective April 28, 2011, 36 TexReg 2609; amended to be effective February 15, 2012, 37 TexReg 709; amended to be effective February 3, 2021, 46 TexReg 832; amended to be effective November 26, 2024, 49 TexReg 9562. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS A GENERAL PROVISIONS §363.12 General, Legal, and Fiscal Information https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222377&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 222377 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222377&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 222377 03/11/2026 (a) An Applicant shall submit copies of a preliminary engineering feasibility report, signed and sealed by a professional engineer registered in the State of Texas. The report, based on guidelines provided by the executive administrator, shall provide:(1) a description and purpose of the project;(2) the entities to be served and current and future population;(3) the cost of the project;(4) a description of alternatives considered and reasons for the selection of the project proposed;(5) sufficient information to evaluate the engineering feasibility of the project;(6) maps and drawings as necessary to locate and describe the project area; and(7) a general description of the existing system.(b) The executive administrator may request additional information or data as necessary to evaluate the project.(c) The board may waive or modify the requirements of this section for any program or category of applications covered by this subchapter. Source Note: The provisions of this §363.13 adopted to be effective July 19, 1991, 16 TexReg 3768; amended to be effective December 7, 1999, 24 TexReg 10882; amended to be effective December 25, 2007, 32 TexReg 9721; amended to be effective February 3, 2021, 46 TexReg 832; amended to be effective November 26, 2024, 49 TexReg 9562. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS A GENERAL PROVISIONS §363.13 Preliminary Engineering Feasibility Report https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222378&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 222378 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222378&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 222378 03/11/2026 (a) Definitions of Terms. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.(1) Environmental regulation--The acts, statutes, or policies listed in subsection (c)(1) of this section and the acts, statutes, or policies identified by the executive administrator pursuant to subsection (c)(2) of this section.(2) Regulatory agency--The governmental agency with the jurisdiction to review compliance with or to enforce an environmental regulation.(3) Preliminary project information--The information submitted by an applicant to the executive administrator pursuant to subsection (e) of this section.(4) Affected environmental regulation--An environmental regulation with which a proposed project potentially may not conform as determined by the executive administrator under this section after reviewing the preliminary project information or the environmental assessment document, if any.(5) Unaffected environmental regulation--An environmental regulation with which a proposed project will likely conform as determined by the executive administrator under this section after reviewing the preliminary project information or the environmental assessment document, if any.(b) Applicability and Purpose. This section applies to projects funded by the board under any of the programs identified in §363.1 of this title (relating to Scope of Subchapter). The purpose of this section is to provide the executive administrator with sufficient information to inform the board whether a proposed project has been adequately reviewed by the regulatory agencies and whether such review provides a reasonable level of certainty that the project will comply with the environmental regulations.(c) Applicable Environmental Regulations.(1) Uniform requirements. Prior to commitment of funds, the proposed project shall be coordinated, to the extent appropriate under the three-level review of subsection (f) of this section, with the regulatory agencies to determine the degree of compliance with the following:(A) Texas Antiquities Code as administered by the Texas Historical Commission;(B) Federal Endangered Species Act as administered by the United States Fish and Wildlife Service;(C) resource protection under the Texas Parks and Wildlife Code and Chapter 57 of this title (relating to Fisheries), as administered by the Texas Parks and Wildlife Department; and(D) Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act as administered by the United States Department of the Army, Corps of Engineers.(2) Conditional requirements. Proposed projects under certain circumstances may impact other environmental acts, statutes, or policies requiring additional coordination, to the extent appropriate under subsection (f) of this section. The executive administrator may require an applicant to perform such additional coordination for the following environmental regulations:(A) Migratory Bird Treaty Act as administered by the United States Fish and Wildlife Service;(B) National Flood Insurance Act of 1968 as administered by the local floodplain protection manager;(C) state land easements under Texas Natural Resources Code, Chapter 51, as administered by the Texas General Land Office;(D) parks and recreational lands pursuant to the Texas Parks and Wildlife Code, Chapter 26;(E) marl, sand, gravel, shell, and mudshell permits under the Texas Parks and Wildlife Code, Chapter 86, and Chapter 57 of this title as administered by the Texas Parks and Wildlife Department; and(F) any other act, statute, or policies deemed applicable by the executive administrator.(d) Filing of Assessment or Statement. If an agency of the state or federal government prepares or requires an environmental assessment or an environmental impact statement to be prepared for substantially the same project proposed for board financial assistance, then the applicant shall file with the executive administrator the assessment or the statement prepared or required by the state or federal government, and a copy of the state or federal agency's issued decision document or permit in lieu of the information or environmental assessment prepared in accordance with subsections (e) or (f) of this section. Nothing herein shall be construed to require an applicant to prepare an environmental assessment when the information required under this section is currently available in an environmental assessment, environmental impact statement, or other documents prepared in connection with the same project.(e) Preliminary Project Information. Prior to or concurrently with the submission of an application, the applicant shall submit the information set forth in this section to enable the executive administrator to determine the level of review for the proposed project. Information submitted pursuant to and sufficient to comply with §363.16(d) of this title (relating to Pre-design Funding Option) shall be sufficient to comply with this provision. The applicant shall submit:(1) a written description of the proposed project;(2) a map of sufficient detail to accurately depict the location of each project element; and(3) preliminary data on any known environmental, social, and permitting issues which may affect the alternatives considered for implementation of the project or which may impact the existing environment in a manner that is the subject of any environmental regulation.(f) Environmental Review. Based on the preliminary project information and any information readily available to the executive administrator, the executive administrator shall require the applicant to comply with the provisions of this subsection for either categorical exclusion review, mid-level review, or full review depending on the complexity of the project and its environmental impacts. Upon submission by the applicant of the information required by this subsection, the executive administrator shall summarize all relevant environmental data and any regulatory agency comments and public comments received regarding the proposed project in a memorandum. Such memorandum shall include a finding regarding the proposed project's compliance with the environmental regulations and may include a recommendation on any avoidance, minimization, or mitigation measures recommended by a regulatory agency through this review process. Such memorandum shall be submitted to and considered by the board with the application for financial assistance.(1) Categorical Exclusion. If the executive administrator determines from the preliminary project information that the proposed project would not appear to cause significant environmental impacts under any environmental regulation, the executive administrator shall notify all regulatory agencies of the executive administrator's intent to exclude the proposed project from further environmental review. Unless an objection is received from any regulatory agency within 30 days after such notification is sent by the executive administrator, the executive administrator shall notify the applicant that the proposed project is categorically excluded from further environmental review requirements.(2) Mid-level Review. If the executive administrator determines from the proposed project information that the proposed project would appear to cause only significant environmental impacts which are limited in number or scope or which may be readily avoided, minimized, or mitigated, the proposed project shall be excluded from further review of unaffected environmental regulations while additional information for adequate review of affected environmental regulations shall be required in accordance with the following procedures.(A) The executive administrator shall:(i) notify the regulatory agencies administering the unaffected environmental regulations of the executive administrator's intent to exclude the proposed project from further review of the unaffected environmental regulations. Unless the executive administrator receives objections to the intent to exclude the project from review by such agency within 30 days after such notification is sent, the executive administrator shall deem the proposed project as excluded from further review of such unaffected environmental regulation; and(ii) promptly notify the applicant of the unaffected environmental regulations which shall be excluded from further environmental review, the affected environmental regulations which shall require further environmental review, and any further information required by statute or the regulatory agencies administering the affected environmental regulations for adequate environmental review.(B) The applicant shall then choose between one of the two following options and promptly notify the executive administrator of the option selected.(i) The applicant shall coordinate with the regulatory agencies administering the affected environmental regulations as identified pursuant to subparagraph (A)(ii) of this paragraph, provide to the executive administrator copies of all information submitted by the applicant to such regulatory agencies, provide to the executive administrator copies of all documents received by the applicant from such regulatory agencies regarding the proposed project and, if the executive administrator has determined that it is an affected environmental regulation, documentation establishing compliance with Texas Parks and Wildlife Code, Chapter 26.(ii) The applicant shall provide to the executive administrator the information required by the regulatory agencies administering the affected environmental regulations for their review and, if the executive administrator has determined that it is an affected environmental regulation, documentation establishing compliance with Texas Parks and Wildlife Code, Chapter 26, whereupon the executive administrator shall coordinate the project review with such regulatory agencies and provide to the applicant copies of all documents received from such regulatory agencies regarding the proposed project.(3) Full Review. If the executive administrator determines from the proposed project information that the proposed project would appear to cause extensive significant impacts that are not readily avoided, minimized, or mitigated or would appear to involve a probable or known significant public controversy relating to environmental or social impacts, the following procedure shall apply:(A) the applicant shall prepare an environmental assessment document which shall include all the information required by the regulatory agencies for adequate review by such agencies, a technical description of all the alternatives to the proposed project considered by the applicant, and a discussion of the proposed project's impact on environmental, social, and economic issues compared to such impacts of the alternatives considered;(B) upon approval by the executive administrator of the environmental assessment document, the executive administrator will provide notification regarding the unaffected environmental regulations in accordance with the procedures under paragraph (2)(A) of this subsection; and(C) the applicant shall submit the approved environmental assessment document to the regulatory agencies administering the affected environmental regulations for review and comment and provide to the executive administrator copies of all the documents received by the applicant from the regulatory agencies regarding the proposed project and, if the executive administrator has determined that it is an affected environmental regulation, documentation establishing compliance with Texas Parks and Wildlife Code, Chapter 26. Alternatively, the applicant may request that the executive administrator submit the environmental assessment document to such agencies and, upon completion of such coordination, the executive administrator shall provide to the applicant copies of all documents received from such regulatory agencies regarding the proposed project.(4) Project Change. If the project is changed to include areas or issues that were previously unassessed, then the environmental review process identified in this section shall be employed for such unassessed areas or issues and the executive administrator shall determine the appropriate level of review for such changed project.(5) Review Change. If, at any time prior to the submission of an application to the board and upon reliable information, the executive administrator determines that the level of review being performed for a proposed project is inappropriate or that the determination that an environmental regulation was an unaffected environmental regulation was incorrect, the executive administrator shall promptly notify the applicant of the required level of review under this section or of the affected environmental regulation for which additional review is required.(g) The board may waive or modify the requirements of this section for any program or category of applications covered by this subchapter. Source Note: The provisions of this §363.14 adopted to be effective February 10, 1995, 20 TexReg 491; amended to be effective December 25, 2007, 32 TexReg 9721; amended to be effective November 26, 2024, 49 TexReg 9562. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS A GENERAL PROVISIONS §363.14 Environmental Assessment https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203449&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 203449 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203449&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 203449 03/11/2026 (a) An applicant, if not eligible for an exemption under subsection (c) of this section, shall submit, with its application, a copy of its water conservation plan for approval, in accordance with Water Code §16.4021. The executive administrator shall review all water conservation plans submitted as part of an application for financial assistance for a project and shall determine if the plans meet the requirements of this section.(b) The water conservation plan required under subsection (a) of this section must be new or revised to include five-year and ten-year targets for water savings, unless the applicant has implemented an approved water conservation plan that meets the requirements of this section, and that has been in effect for less than five years. The water conservation plan shall include an evaluation of the applicant's water and wastewater system and customer water use characteristics to identify water conservation opportunities and shall set goals to be accomplished by water conservation measures. The water conservation plan shall provide information in response to the following minimum requirements. If the plan does not provide information for each minimum requirement, the applicant shall include in the plan an explanation of why the requirement is not applicable.(1) Minimum requirements. Water conservation plans shall include the following elements:(A) a utility profile including, but not limited to, information regarding population and customer data, water use data, water supply system data, and wastewater system data at the most detailed level of water use data currently available and in accordance with the methodology and guidance for calculating water use and conservation developed and maintained by the executive administrator in coordination with the commission under Water Code §16.403. The utility profile must include the classification of water sales and uses for the following sectors, as appropriate:(i) residential;(I) single-family;(II) multi-family;(ii) commercial;(iii) institutional;(iv) industrial;(v) agricultural; and(vi) wholesale.(B) specific, quantified five-year and ten-year targets for water savings to include goals for water loss programs and goals for municipal use in total gallons per capita per day and residential gallons per capita per day. As used herein, "municipal use" means the use of potable water or sewer effluent for residential, commercial, industrial, agricultural, institutional, and wholesale uses by an individual or entity that supplies water to the public for human consumption;(C) a schedule for implementing the plan to achieve the applicant's targets and goals;(D) a method for tracking the implementation and effectiveness of the plan;(E) a master meter to measure and account for the amount of water diverted from the source of supply;(F) a program for universal metering of both customer and public uses of water, for meter testing and repair, and for periodic meter replacement;(G) measures to determine and control water loss (for example, periodic visual inspections along distribution lines; annual or monthly audit of the water system to determine illegal connections, abandoned services, etc.);(H) a program of leak detection, repair, and water loss accounting for the water transmission, delivery, and distribution system;(I) a program of continuing public education and information regarding water conservation;(J) a water rate structure which is not "promotional," i.e., a rate structure which is cost-based and which does not encourage the excessive use of water;(K) a means of implementation and enforcement which shall be evidenced by:(i) a copy of the ordinance, resolution, or tariff indicating official adoption of the water conservation plan by the applicant; and(ii) a description of the authority by which the applicant will implement and enforce the conservation plan;(L) documentation that the regional water planning groups for the service area of the applicant have been notified of the applicant's water conservation plan; and(M) a current drought contingency plan which includes specific water supply or water demand management measures and, at a minimum, includes, trigger conditions, demand management measures, initiation and termination procedures, a means of implementation, and measures to educate and inform the public regarding the drought contingency plan.(2) Additional conservation strategies. The water conservation plan may also include any other water conservation practice, method, or technique that the applicant deems appropriate.(c) Pursuant to Water Code §16.4021, an applicant is not required to provide a water conservation plan if the board determines an emergency exists; the amount of financial assistance to be provided is $500,000 or less; the applicant demonstrates and the board finds that implementation of a water conservation program is not reasonably necessary to facilitate water conservation; the application is for flood control purposes under Water Code, Chapter 17, Subchapter G; the application is for a flood project under Water Code, Chapter 15, Subchapter I; or the financial assistance is to fund a project that consists of construction outside this state.(1) An emergency exists when:(A) a public water system or wastewater system has already failed, or is in a condition which poses an imminent threat of failure, causing the health and safety of the citizens served to be endangered;(B) sudden, unforeseen demands are placed on a water system or wastewater system (i.e., because of military operations or emergency population relocation);(C) a disaster has been declared by the governor or president; or(D) the governor's Division of Emergency Management of the Texas Department of Public Safety has determined that an emergency exists.(2) If the board determines that an emergency exists and commits to financial assistance without requiring a water conservation plan, the applicant must report whether the emergency continues to exist every six months after the board commits to financial assistance. If the Executive Administrator finds that the emergency no longer exists, the applicant must submit a water conservation plan within six months of the finding.(d) Pursuant to Water Code §16.4021(g), if the applicant will utilize the project financed by the board to furnish water or wastewater services to another entity that in turn will furnish the water or wastewater services to the ultimate consumer, the applicant shall:(1) submit its own water conservation plan before closing on the financial assistance; and(2) submit the other entity's water conservation plan, if one exists, before closing on the financial assistance; and(3) require, by contract, that the other entity adopt a water conservation plan that conforms to the board's requirements and submit it to the board. If the requirement is to be included in an existing water or wastewater service contract, it may be included, at the earliest of the renewal or substantial amendment of that contract, or by other appropriate measures.(e) The board will accept a water conservation plan determined by the commission to satisfy the requirements of 30 TAC Chapter 288 for purposes of meeting the minimum requirements of subsection (b) of this section.(f) Water conservation plans that are submitted to the TCEQ and copied to the board under Water Code §16.402 must contain the applicable minimum requirements for water conservation plans established by the Commission in its rules at 30 TAC Chapter 288.(g) Annual reports.(1) Each entity that is required to submit a water conservation plan to the board or the commission, other than a recipient of financial assistance from the board, shall file a report annually not later than May 1st to the executive administrator on the entity's progress in implementing each of the minimum requirements in the water conservation plan.(2) Recipients of financial assistance from the board shall maintain an approved water conservation plan in effect until all financial obligations to the state have been discharged and shall file a report with the executive administrator on the applicant's progress in implementing each of the minimum requirements in its water conservation plan and the status of any of its customers' water conservation plans required by contract, within one year after closing on the financial assistance and annually thereafter until all financial obligations to the state have been discharged.(3) Annual reports prepared for the Commission providing the information required by this subsection may be provided to the board to fulfill the board's reporting requirements.(h) The following are violations of board rules for purposes of Water Code §16.402:(1) failure to submit a water conservation plan containing the minimum requirements in subsections (b) and (f) of this section; and(2) failure to timely submit a complete annual report on the entity's progress in implementing its plan that addresses each element in its water conservation plan, as required by Water Code §16.402 and subsection (g) of this section. Source Note: The provisions of this §363.15 adopted to be effective July 19, 1991, 16 TexReg 3768; amended to be effective June 8, 1995, 20 TexReg 3898; amended to be effective December 6, 2004, 29 TexReg 11368; amended to be effective December 25, 2007, 32 TexReg 9721; amended to be effective June 1, 2008, 33 TexReg 4327; amended to be effective December 5, 2012, 37 TexReg 9522; amended to be effective February 3, 2021, 46 TexReg 832. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS A GENERAL PROVISIONS §363.15 Required Water Conservation Plan https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203450&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 203450 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203450&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 203450 03/11/2026 (a) This loan application option will provide an eligible applicant that meets all applicable board requirements an alternative to secure a commitment and close a loan for the pre-design, design or building costs associated with a project. Under this option, a loan may be closed and funds necessary to complete planning and design activities released. If planning requirements have not been satisfied, design and building funds will be held or escrowed and released in the sequence described in this section. After planning and environmental review, the executive administrator may require the applicant to make changes in order to proceed with the project. If the portion of a project associated with funds in escrow cannot proceed, the loan recipient shall use the escrowed funds to redeem bonds purchased by the board in inverse order of maturity.(b) Except for flood projects funded through the Flood Infrastructure Fund, flood control and municipal solid waste projects are not eligible for funding under this option.(c) The executive administrator may recommend to the board the use of this section if, based on available information, there appear to be no significant permitting, social, environmental, engineering, or financial issues associated with the project. An application for pre-design funding may be considered by the board despite a negative recommendation from the executive administrator.(d) Applications for pre-design funding must include the following information:(1) for loans including building cost, a preliminary engineering feasibility report which will include at minimum: a description and purpose of the project; area maps or drawings as necessary to fully locate the project area(s); a proposed project schedule; estimated project costs and budget including sources of funds; current and future populations and projected flows; alternatives considered; and a discussion of known permitting, social or environmental issues which may affect the alternatives considered and the implementation of the proposed project;(2) contracts for engineering services, which may be in draft form;(3) evidence that an approved water conservation plan will be adopted prior to closing;(4) all information required in §363.12 of this title (relating to General, Legal and Fiscal Information); and(5) any additional information the executive administrator may request to complete evaluation of the application.(e) After board commitment and completion of all closing and release prerequisites as specified in §363.42 of this title (relating to Loan Closing) and §363.43 of this title (relating to Release of Funds), funds will be released in the following sequence:(1) for planning and permitting costs, after receipt of executed contracts for the planning or permitting phase;(2) for design costs, after receipt of executed contracts for the design phase and upon approval of an engineering feasibility report as specified in §363.13 of this title (relating to Engineering Feasibility Report) and compliance with §363.14 of this title (relating to Environmental Assessment), as applicable; and(3) for building costs, after issuance of any applicable permits, and after bid documents are approved and executed construction documents are contingently awarded.(f) Board staff will use preliminary environmental data provided by the applicant, as specified in subsection (d) of this section and make a written report to the executive administrator on known or potential significant social or environmental concerns. Subsequently, these projects must have a favorable executive administrator's recommendation which is based upon a full environmental review during planning, as provided under §363.14 of this title (relating to Environmental Assessment), as applicable.(g) The executive administrator will advise the board concerning projects that involve major economic or administrative impacts to the applicant resulting from environmentally related special mitigative or precautionary measures from an environmental assessment under §363.14 of this title (relating to Environmental Assessment), as applicable. Source Note: The provisions of this §363.16 adopted to be effective August 12, 1994, 19 TexReg 5847; amended to be effective December 7, 1999, 24 TexReg 10882; amended to be effective December 25, 2007, 32 TexReg 9721; amended to be effective February 4, 2009, 34 TexReg 668; amended to be effective February 3, 2021, 46 TexReg 832. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS A GENERAL PROVISIONS §363.16 Pre-design Funding Option https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222379&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 222379 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222379&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 222379 03/11/2026 (a) The board may provide grants from the Water Loan Assistance Fund for projects that include supplying water or wastewater service to areas in which:(1) water supply services:(A) from a community water system do not provide drinking water of a quality that meets the standards set forth by the commission in 30 TAC 290, Subchapter D, and any applicable standards of any governmental unit with jurisdiction over such area;(B) from individual wells after treatment do not provide drinking water of a quality that meets the standards set forth by the commission in 30 TAC 290, Subchapter D, and any applicable standards of any governmental unit with jurisdiction over such area; or(C) do not exist or are not provided, including a temporary interruption of service due to emergency conditions; and(D) the financial resources are inadequate to provide water supply or sewer services that meet the standards and requirements of the commission as set forth herein; or(2) sewer services:(A) from any organized sewage collection and treatment facilities, do not comply with the standards and requirements set forth by the commission in 30 TAC Chapter 305;(B) for on-site sewerage facilities, do not comply with the standards and requirements set forth by the commission in 30 TAC Chapter 285; or(C) do not exist or are not provided, including a temporary interruption of service due to emergency conditions; and(D) the financial resources are inadequate to provide water supply or sewer services that meet the standards and requirements of the commission as set forth herein; or(3) for purposes of any federal funds for colonias deposited in the water assistance fund, such area meets the federal criteria for use of such funds.(b) The board may also provide grants from the Water Loan Assistance Fund for projects:(1) for which federal grant funds are placed in the loan fund;(2) for which a specific legislative appropriation is made; or(3) for water conservation, desalination, brush control, weather modification, and regionalization and for providing regional water quality enhancement services as defined by board rule, including regional conveyance systems.(c) Grant funds will be administered according to the terms of an agreement between the board and the grantee.(d) For purposes of this section, conservation means those practices, techniques, and technologies that will reduce the consumption of water, reduce the real or apparent loss or waste of water, improve the efficiency in the use of water, or increase the recycling and reuse of water so that a water supply is made available for future or alternative uses. Source Note: The provisions of this §363.17 adopted to be effective August 17, 1994, 19 TexReg 6114; amended to be effective February 16, 1999, 24 TexReg 766; amended to be effective December 7, 1999, 24 TexReg 10882; amended to be effective November 5, 2002, 27 TexReg 10396; amended to be effective November 26, 2024, 49 TexReg 9562. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS A GENERAL PROVISIONS §363.17 Grants from Water Loan Assistance Fund https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=134303&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 134303 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=134303&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 134303 03/11/2026 (a) The board may provide financial assistance to corporations by either purchasing bonds issued by the corporation or by purchasing a promissory note and entering into a loan agreement with the corporation.(b) If a corporation executes a promissory note and loan agreement with the board, the corporation may be required to engage the services of a bond counsel or a financial advisor. Source Note: The provisions of this §363.18 adopted to be effective October 13, 1997, 22 TexReg 9892; amended to be effective December 25, 2007, 32 TexReg 9721. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS A GENERAL PROVISIONS §363.18 Promissory Notes and Loan Agreements with Nonprofit Water Supply Corporations https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222380&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 222380 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222380&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 222380 03/11/2026 For WIF projects only, when necessitated by a limitation of funds, the board shall give priority to applications for funds for implementation of water supply projects in the water plan by entities that:(1) have already demonstrated significant water conservation savings; or(2) will achieve significant water conservation savings by implementing the proposed project for which the financial assistance is sought. Source Note: The provisions of this §363.19 adopted to be effective December 25, 2007, 32 TexReg 9721; amended to be effective November 26, 2024, 49 TxReg 9562. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS A GENERAL PROVISIONS §363.19 Priority of Projects https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203451&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 203451 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203451&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 203451 03/11/2026 The executive administrator shall submit the application to the board with comments concerning financial assistance. The application will be scheduled on the agenda for board consideration at the earliest practical date. The applicant and other interested parties known to the board shall be notified of the time and place of such meeting. If the applicant has received an obligation of federal funds from any federal source that would duplicate funding from the board for the same project, as evidenced in writing from the applicable federal agency, the executive administrator shall not submit the application to the board and shall notify the applicant that its application will no longer be considered for this reason, unless good cause is shown that the application should be submitted to the board. Source Note: The provisions of this §363.31 adopted to be effective July 19, 1991, 16 TexReg 3768; amended to be effective April 28, 2011, 36 TexReg 2609; amended to be effective February 3, 2021, 46 TexReg 832. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS A GENERAL PROVISIONS §363.31 Board Consideration of Application https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=134258&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 134258 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=134258&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 134258 03/11/2026 At the conclusion of the meeting to consider the project, the board may resolve to approve, disapprove, approve with conditions, including requiring the applicant to retain professional project management assistance, or continue consideration of the application. A commitment will include a date after which the financial assistance will no longer be available unless extended by the board. The board may make any changes in the original commitment at the time of extension. Source Note: The provisions of this §363.32 adopted to be effective July 19, 1991, 16 TexReg 3768; amended to be effective December 7, 1999, 24 TexReg 10882; amended to be effective December 25, 2007, 32 TexReg 9721. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS A GENERAL PROVISIONS §363.32 Action of the Board on Application https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222381&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 222381 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222381&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 222381 03/11/2026 (a) Procedure and method for setting interest rates.(1) The executive administrator will set interest rates under this section for purchase of the board's interest in state and board participation projects or for loans on a date that is five business days prior to the political subdivision's adoption of the ordinance or resolution authorizing its bonds or drawdown of state participation funds and not more than 45 days before the anticipated closing of the loan or state participation project from the board. After 45 days from the establishment of the interest rate of a loan, rates will be reconsidered, and may be extended only with the approval of the executive administrator.(2) For loans from the Texas Water Development Fund II or for rates for the purchase of the board's interest in state participation projects, the executive administrator will set the interest rate at:(A) the rates established by the board under subsection (b) of this section;(B) for loans funded by the board with proceeds of bonds, the interest of which is intended to be tax exempt for purposes of federal tax law, the executive administrator will limit the interest set pursuant to this subsection at no higher than the rate permitted under federal tax law to maintain the tax exemption for the interest on the board's bond; and(C) the board may establish different interest rates for loans under this paragraph in order to facilitate a restructuring of an existing board loan that is in imminent risk of default as determined by the board.(3) Interest rates for loans from the Water Loan Assistance Fund, or from funds from the board's sale of political subdivision bonds to the Texas Water Resources Finance Authority will be set and updated as necessary to meet changing market conditions according to the cost of funds to the board, risk factors of managing the board's loan portfolio, and market rate scales. To calculate the cost of funds, the board will weight the funds pro rata amount of funds available from each source, as applicable. The interest rate scale will include the program subsidy, if any, as determined by the board. The board may establish different interest rates for loans under this paragraph if it finds such rates are legislatively directed or are necessary to promote major water initiatives designed to provide significant regional benefit.(b) Lending and interest rate scale. After each bond sale, or as necessary to meet changing market conditions, the board will set the interest rate scale for loans and the interest rate scale for the purchase of the board's interest in state and board participation projects based upon the cost of funds to the board, risk factors of managing the board's loan portfolio, and market rate scales. To calculate the cost of funds, the board will add new bond proceeds to those remaining bond funds that are not currently assigned to scheduled loan closings, weighting the funds pro rata by the amount of funds available from each source. The interest rate scale will include the program subsidy, if any, as approved by the board. The board will establish separate interest rate scales for tax-exempt and taxable loans from each of the following:(1) loans from the Texas Water Development Fund II;(2) loans from the Water Infrastructure Fund;(3) purchase of the board's interest in state participation projects from the State Participation Account;(4) loans from the Economically Distressed Area Program Account;(5) if revenue bonds constitute the consideration for the purchase of the board's interest in a state participation project by a political subdivision, the revenue bonds shall bear interest at:(A) the prevailing state participation interest rate, as set in subsection (b)(3) of this section;(B) if there is outstanding board indebtedness related to the purchase of its state participation interest, then at the rate then in effect at the time the board provided funds, through the issuance of bonds, to participate in the project; or(C) a different rate as established by the board, where no schedule for the purchase of the board's interest in the project was fixed at the time the board provided funds to participate in the project; and(6) loans from the SWIRFT; and(7) loans from the WLAF. Source Note: The provisions of this §363.33 adopted to be effective February 8, 1996, 21 TexReg 664; amended to be effective August 8, 1996, 21 TexReg 7264; amended to be effective October 13, 1997, 22 TexReg 9892; amended to be effective November 5, 1997, 22 TexReg 10743; amended to be effective February 5, 1998, 23 TexReg 783; amended to be effective July 7, 1999, 24 TexReg 5020; amended to be effective December 7, 1999, 24 TexReg 10882; amended to be effective August 7, 2001, 26 TexReg 5828; amended to be effective May 6, 2003,28TexReg 3732; amended to be effective December 9, 2003, 28 TexReg 10951; amended to be effective June 6, 2005, 30 TexReg 3260; amended to be effective September 5, 2006, 31 TexReg 7132; amended to be effective December 25, 2007, 32 TexReg 9721; amended to be effective July 28, 2010, 35 TexReg 6539; amended to be effective July 30, 2012, 37 TexReg 5597; amended to be effective November 26, 2014, 39 TexReg 9209; amended to be effective November 26, 2024, 49 TexReg 9562. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS A GENERAL PROVISIONS §363.33 Interest Rates for Loans and Purchase of Board's Interest in State Financial Assistance Programs and Projects https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136336&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 136336 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136336&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 136336 03/11/2026 (a) Financial Guarantees. The board will consider accepting surety bonds in lieu of required cash reserve deposits and insurance policies for political subdivision bonds. At the time of loan commitment and at loan closing, only those financial guarantors that have been approved by the board or its Finance Committee are authorized to underwrite financial guarantee policies on political subdivision bonds approved by the board.(b) Criteria for Authorized List. The board will maintain a list of authorized financial guarantors. In order to be considered for placement on the list, a guarantor must meet the following minimum criteria:(1) the financial guarantor must be a nationally recognized provider of municipal bond insurance and must have a triple-A stable insurer financial strength rating with Standard & Poor's, Moody's Investors Service, Inc. and Fitch, Inc.; and(2) the financial guarantor must have a triple-A insurer financial enhancement rating with Standard & Poor's.(c) Review of Policies. The executive administrator shall review all policies of insurance submitted by authorized financial guarantors and may reject any policy of insurance or surety bond which does not protect the interests of the board's financial program.(d) Removal from Authorized List. The executive administrator may remove a financial guarantor from the authorized list at any time that a change in status would cause the financial guarantor to fail to meet the minimum criteria. Source Note: The provisions of this §363.34 adopted to be effective August 7, 2001, 26 TexReg 5829; amended to be effective May 4, 2008, 33 TexReg 3444. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS A GENERAL PROVISIONS §363.34 Financial Guarantees for Political Subdivision Bonds and Required Reserves https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222333&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 222333 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222333&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 222333 03/11/2026 (a) An applicant with a commitment of financial assistance from the board shall obtain Executive Administrator approval of contract documents, including engineering plans and specifications and bid documents, prior to receiving bids and awarding construction contracts. The applicant shall submit two copies of contract documents, which shall be as detailed as would be required for submission to contractors bidding on the work, and which shall be consistent with the engineering feasibility information submitted with the application. These contract documents may be submitted in draft form. For water supply projects requiring commission review, the applicant shall send an additional copy to the commission. The contract documents must contain the following:(1) provisions assuring compliance with the board's rules and all relevant statutes;(2) provisions providing for the political subdivision to retain a minimum of 5.0% of the progress payments otherwise due to the contractor until the building of the project is substantially complete and a reduction in the retainage is authorized by the executive administrator;(3) a contractor's act of assurance form to be executed by the contractor which shall warrant compliance by the contractor with all laws of the State of Texas and all rules and published policies of the board;(4) a high-resolution digital, searchable copy of the plans and specifications; and(5) any additional conditions that may be requested by the executive administrator.(b) An applicant with a commitment of financial assistance from the board may qualify for a risk-based review pursuant to Texas Water Code, § 17.276.(1) The EA may perform a risk-based review when:(A) the applicant's internal risk score rating is 2B or higher; and(B) the design scope is limited to in-situ replacement or rehabilitation of existing facilities, or new gravity sewer lines and manholes, and project work is not located within the Edwards Aquifer recharge zone; or the applicant has approval authority granted by TCEQ for collection systems pursuant to 30 TAC §217.8.(2) Designs qualifying for a risk-based review require the following:(A) contract documents submitted for review and approval in accordance with this section; and(B) certification from the applicant's design engineer verifying the plans and specifications comply with 30 TAC Chapter 217 requirements and include no variances, or the entity has approval authority granted by the TCEQ for collection systems.(3) The EA may outline additional criteria in TWDB's guidance documents.(c) Engineering Design Approvals for those Projects Required to use Iron or Steel Products Produced in the United States.(1) Except as provided by subsections (d) and (e) of this section, this section applies to Projects with the board and resulting bid documents submitted to the board or construction contracts entered into after September 1, 2017.(2) In this section, the following terms have the assigned meanings:(A) Iron and steel products--Products made primarily of iron or steel that are permanently incorporated into the public water system, treatment works, agricultural water conservation Project, or flood project, including, but not limited to: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, construction materials.(B) Manufacturing Process--The application of a process to alter the form or function of materials or elements of a product in a manner that adds value and transforms the materials or elements into a new finished product functionally different from a finished product produced merely from assembling the materials into a product or elements into a product.(C) Mechanical and electrical components, equipment, systems, and appurtenances--Include, but are not limited to, pumps, motors, gear reducers, drives (including variable frequency drives), electric/pneumatic/manual accessories used to operate valves (such as electric valve actuators), mixers, gates, motorized screens (such as traveling screens), blowers/aeration equipment, compressors, meters, sensors, controls and switches, supervisory control and data acquisition (SCADA), membrane bioreactor systems, membrane filtration systems, filters, clarifiers and clarifier mechanisms, rakes, grinders, disinfection systems, presses (including belt presses), conveyors, cranes, HVAC (excluding ductwork), water heaters, heat exchangers, generators, cabinetry and housings (such as electrical boxes/enclosures), lighting fixtures, electrical conduit, emergency life systems, metal office furniture, shelving, laboratory equipment, analytical instrumentation, dewatering equipment, electrical supports/covers/shielding, and other appurtenances related to an electrical system necessary for operation or concealment. An electrical system includes all equipment, facilities, and assets owned by an electric utility, as that term is defined in §31.002 Utilities Code.(D) Political subdivision--Includes a county, municipality, municipal utility district, water control and improvement district, special utility district, and other types of water districts, including those created under Texas Constitution Article III, Section 52 or Article XVI, Section 59, and nonprofit water supply corporations created and operating under Texas Water Code, Chapter 67.(E) Produced in the United States--With respect to iron or steel products, a product for which all manufacturing processes, from initial melting through application of coatings, occur in the United States, other than metallurgical processes to refine steel additives.(F) Project--A contract between the board and a person or political subdivision.(3) Political subdivisions and persons with Projects funded with financial assistance from the board shall obtain Executive Administrator approval of contract documents, including engineering plans and specifications and bid documents, prior to receiving bids and awarding construction contracts. Except as provided by subsections (d) and (e) of this section, contract documents and bid documents provided to all bidders must include language requiring that any iron or steel products produced through a manufacturing process used in the Project, be produced in the United States, specifically where funds will be used to:(A) construct, remodel, or alter buildings, structures, or infrastructure; or(B) supply a material for a project between the board and a person or a political subdivision; or(C) finance, refinance, or provide money from funds administered by the board for a project.(d) Exemptions from subsection (c) of this section.(1) Section 363.41(c)(3) does not apply if the board or Executive Administrator has made a determination that:(A) iron or steel products, produced in the United States, to be used in the Project are not:(i) produced in sufficient quantities; or(ii) reasonably available at the time contract documents and bid documents are executed with contractors or subcontractors; or(iii) of a satisfactory quality to be used in the Project; or(B) the use of iron or steel products produced in the United States will increase the total cost of the Project by more than 20 percent; or(C) complying with the use of iron or steel products as required by this section is inconsistent with the public interest.(2) The following components are exempt from complying with §363.41(c)(3) as they are not iron or steel products:(A) mechanical and electrical components, equipment, systems, and appurtenances; and(B) iron or steel products that are not permanently incorporated into a Project.(e) Section 363.41(c) does not apply where the board has adopted a resolution approving an application for financial assistance before May 1, 2019, for any portion of financing as described by §§15.432 or 15.472, Water Code. Source Note: The provisions of this §363.41 adopted to be effective July 19, 1991, 16 TexReg 3768; amended to be effective December 25, 2007, 32 TexReg 9721; amended to be effective May 6, 2018, 43 TexReg 2785; amended to be effective February 3, 2021, 46 TexReg 832; amended to be effective November 26, 2024, 49 TexReg 9562. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS A GENERAL PROVISIONS §363.41 Engineering Design Approvals https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203453&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 203453 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203453&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 203453 03/11/2026 (a) Instruments needed for closing. The documents which shall be required at the time of closing shall include the following:(1) if not closing under the pre-design funding option, evidence that requirements and regulations of all identified local, state and federal agencies having jurisdiction have been met, including but not limited to permits and authorizations;(2) a certified copy of the bond ordinance, order or resolution adopted by the governing body authorizing the issuance of debt to be sold to the board, or an executed promissory note and loan agreement, that is acceptable to the executive administrator and which shall have sections providing as follows:(A) if loan proceeds are to be deposited into an escrow account at the closing on all or a portion of the loan, then an escrow account shall be created that shall be separate from all other accounts and funds, as follows:(i) the account shall be maintained by an escrow agent as defined in §363.2 of this title (relating to Definitions of Terms);(ii) funds shall not be released from the escrow account without written approval by the executive administrator;(iii) upon request of the executive administrator, the escrow account statements shall be provided to the executive administrator;(iv) the investment of any loan proceeds deposited into an approved escrow account shall be handled in a manner that complies with the Public Funds Investment Act, Texas Government Code, Chapter 2256; and(v) the escrow account shall be adequately collateralized in a manner sufficient to protect the board's interest in the project and that complies with the Public Funds Collateral Act, Texas Government Code, Chapter 2257;(B) that a construction account shall be created which shall be separate from all other accounts and funds of the applicant;(C) that a final accounting be made to the board of the total sources and authorized use of project funds within 60 days of the completion of the project and that any surplus loan funds be used in a manner as approved by the executive administrator;(D) that an annual audit of the political subdivision, prepared in accordance with generally accepted auditing standards by a certified public accountant or licensed public accountant, be provided annually to the executive administrator;(E) that the political subdivision shall fix and maintain rates and collect charges to provide adequate operation, maintenance and insurance coverage on the project in an amount sufficient to protect the board's interest;(F) that, if applicable, the political subdivision shall document the adoption and implementation of an approved water conservation program for the duration of the loan, in accordance with §363.15 of this title;(G) that the political subdivision shall maintain current, accurate and complete records and accounts in accordance with generally accepted accounting principles necessary to demonstrate compliance with financial assistance related legal and contractual provisions;(H) that the political subdivision covenants to abide by the board's rules and relevant statutes, including the Texas Water Code, Chapters 15, 16, and 17;(I) that the political subdivision, or an obligated person for whom financial or operating data is presented, will undertake, either individually or in combination with other issuers of the political subdivision's obligations or obligated persons, in a written agreement or contract to comply with requirements for continuing disclosure on an ongoing basis substantially in the manner required by Securities and Exchange Commission (SEC) rule 15c2-12 and determined as if the board were a Participating Underwriter within the meaning of such rule, such continuing disclosure undertaking being for the benefit of the board and the beneficial owner of the political subdivision's obligations, if the board sells or otherwise transfers such obligations, and the beneficial owners of the board's bonds if the political subdivision is an obligated person with respect to such bonds under rule 15c2-12;(J) that all payments shall be made to the board via wire transfer at no cost to the board;(K) that the partial redemption of bonds or other authorized securities be made in inverse order of maturity;(L) that insurance coverage be obtained and maintained in an amount sufficient to protect the board's interest in the project;(M) that the political subdivision shall establish a dedicated source of revenue for repayment; and(N) any other recitals mandated by the executive administrator;(3) if applicable, evidence that the political subdivision has adopted a water conservation program in accordance with §363.15 of this title;(4) unqualified approving opinions of the attorney general of Texas and if bonds are issued, a certification from the comptroller of public accounts that such debt has been registered in that office;(5) if bonds are issued, an unqualified approving opinion by a recognized bond attorney acceptable to the executive administrator, or if a promissory note and loan agreement are used, an opinion from the corporation's attorney which is acceptable to the executive administrator;(6) executed escrow agreement entered into by the entity and an escrow agent satisfactory to the executive administrator, in the event that funds are escrowed, or a certificate of trust as defined in §363.2 of this title , if applicable; and(7) other or additional data and information, if deemed necessary by the executive administrator.(b) Certified transcript. Within 60 days of closing, the political subdivision shall submit a transcript of proceedings relating to the debt purchased by the board which shall contain those instruments normally furnished a purchaser of debt.(c) Additional closing requirements for bonds. A political subdivision shall be required to comply with the following closing requirements if the applicant issues bonds that are purchased by the board:(1) all bonds shall be closed in book-entry-only form;(2) the political subdivision shall use a paying agent/registrar that is a Depository Trust Company (DTC) participant;(3) the political subdivision shall be responsible for paying all DTC closing fees assessed to the political subdivision by the board's custodian bank directly to the board's custodian bank;(4) the political subdivision shall provide evidence to the board that one fully registered bond has been sent to the DTC or to the political subdivision's paying agent/registrar prior to closing; and(5) if bonds are being sold to the board, the political subdivision shall provide a private placement memorandum containing a detailed description of the issuance of debt to be sold to the board that is acceptable to the executive administrator. Source Note: The provisions of this §363.42 adopted to be effective July 19, 1991, 16 TexReg 3768; amended to be effective August 12, 1994, 19 TexReg 5847; amended to be effective February 8, 1996, 21 TexReg 665; amended to be effective December 12, 1996, 21 TexReg 11794; amended to be effective October 13, 1997, 22 TexReg 9892; amended to be effective November 5, 1997, 22 TexReg 10743; amended to be effective December 7, 1999, 24 TexReg 10882; amended to be effective May 6, 2003, 28 TexReg 3732; amended to be effective December 25, 2007, 32 TexReg 9721; amended to be effective July 30, 2012, 37 TexReg 5597; amendedto be effective February 3, 2021, 46 TexReg 832. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS A GENERAL PROVISIONS §363.42 Loan Closing https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203454&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 203454 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203454&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 203454 03/11/2026 (a) Release of funds for planning, design and permits. Prior to the release of funds for planning, design, and permits, the political subdivision shall submit for approval to the executive administrator the following documents:(1) a statement as to sufficiency of funds if additional funds are necessary to complete the activity;(2) certified copies of each contract under which revenues for repayment of the political subdivision's debt will accrue;(3) executed consultant contracts relating to services provided for planning, design, and/or permits;(4) unless funds are released under the pre-design funding option, documentation that the requirements and regulations of all identified local, state, and federal agencies having jurisdiction have been met, including, but not limited to, permits and authorizations; and(5) other such instruments or documents as the board or executive administrator may require.(b) Pre-design funding. The funds needed for the total estimated cost of the engineering planning, and design cost if the preliminary engineering feasibility report required under §363.13 of this title (relating to Preliminary Engineering Feasibility Report) has been approved, the cost of issuance associated with the loan, and any associated capitalized interest will be released to the loan recipient and the remaining funds will be escrowed to the escrow agent until all applicable requirements in subsections (a) and (c) of this section and §363.16 of this title (relating to Pre-design Funding Option) have been met.(c) Release of funds for building purposes. Prior to the release of funds for building purposes, the political subdivision shall submit for approval to the executive administrator the following documents:(1) a tabulation of all bids received and an explanation for any rejected bids or otherwise disqualified bidders;(2) one executed original copy of each construction contract the effectiveness and validity of which is contingent upon the receipt of board funds;(3) evidence that the necessary acquisitions of land, leases, easements and rights-of-way have been completed or that the applicant has the legal authority necessary to complete the acquisitions;(4) a statement as to sufficiency of funds if additional funds are necessary to complete the project;(5) certified copies of each contract under which revenues to the project will accrue;(6) documentation that all requirements and regulations of all identified local, state, and federal agencies having jurisdiction have been met, including permits and authorizations; and(7) other such instruments or documents as the board or executive administrator may require.(d) Release of funds for projects constructed through one or more construction contracts. For projects constructed through one or more construction contracts, the executive administrator may approve the release of funds for all or a portion of the estimated project cost, provided all requirements of subsection (c) of this section have been met, only for the construction contract that has been approved for construction.(e) Escrow of funds. The executive administrator may require the escrow of an amount of project funding related to contracts which have not met the requirements of subsection (c) of this section at the time of loan closing.(f) Release of funds in installments to water supply corporations. Funds may be released to water supply corporations in installments and pursuant to the provisions of this section. Source Note: The provisions of this §363.43 adopted to be effective July 19, 1991, 16 TexReg 3768; amended to be effective August 12, 1994, 19 TexReg 5847; amended to be effective October 13, 1997, 22 TexReg 9892; amended to be effective December 7, 1999, 24 TexReg 10882; amended to be effective December 25, 2007, 32 TexReg 9721; amended to be effective July 30, 2012, 37 TexReg 5597; amended to be effective February 3, 2021, 46 TexReg 832. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS A GENERAL PROVISIONS §363.43 Release of Funds https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3659&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3659 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3659&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3659 03/11/2026 If approved by the executive administrator, a borrower may transfer remaining excess funds from one or more of the borrower's board-approved projects to other of the borrower's board-approved projects. Applicants must comply with any new requirements triggered by the transfer of funds. Source Note: The provisions of this §363.44 adopted to be effective August 14, 1992, 17 TexReg 5363. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS A GENERAL PROVISIONS §363.44 Movement of Funds between Approved Projects https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212888&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 212888 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212888&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 212888 03/11/2026 An applicant choosing to follow an alternative delivery method must elect to do so, and notify the Board, prior to commitment of TWDB funds. Once a funding request is approved by the Board, release of funds for project-specific tasks is governed by the provisions of the Alternative Delivery Guidance rather than the rules and procedures generally applied to Design-Bid-Build project delivery as set out in Subchapter A, Divisions 4 and 5 of this Chapter. Source Note: The provisions of this §363.45 adopted to be effective March 1, 2023, 48 TexReg 1137. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS A GENERAL PROVISIONS §363.45 Use of Alternative Delivery Guidance https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190820&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 190820 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190820&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 190820 03/11/2026 After the construction contract is awarded, an applicant receiving financial assistance from the board shall provide for adequate inspection of the project under the supervision of a registered professional engineer and require the engineer's assurance that the work is being performed in a satisfactory manner in accordance with the approved plans and specifications, other engineering design or permit documents, approved alterations, and provisions for environmental mitigative measures. The executive administrator is authorized to conduct site visits regarding the construction and materials of any project at any time, but such site visits shall never subject the State of Texas to any action for damages. The political subdivision shall take corrective action necessary to complete the project in accordance with approved plans and specifications. Source Note: The provisions of this §363.51 adopted to be effective July 19, 1991, 16 TexReg 3768; amended to be effective December 7, 1999, 24 TexReg 10882; amended to be effective November 26, 2014, 39 TexReg 9209; amended to be effective May 6, 2018, 43 TexReg 2785. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS A GENERAL PROVISIONS §363.51 Inspection During Construction https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19204&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19204 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19204&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19204 03/11/2026 Any substantial alteration which involves a change in the basic purpose of a project, or which involves an increase in the loan commitment of the board for the project, must be approved and authorized by the board. All other changes must be approved by the executive administrator. Source Note: The provisions of this §363.52 adopted to be effective July 19, 1991, 16 TexReg 3768. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS A GENERAL PROVISIONS §363.52 Alterations during Construction https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=69839&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 69839 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=69839&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 69839 03/11/2026 After a project is completed, the political subdivision shall submit documentation establishing that the political subdivision has received a complete set of as-built drawings from the contractor. Source Note: The provisions of this §363.53 adopted to be effective July 19, 1991, 16 TexReg 3768; amended to be effective December 7, 1999, 24 TexReg 10882. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS A GENERAL PROVISIONS §363.53 As-built Plans https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=69837&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 69837 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=69837&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 69837 03/11/2026 The executive administrator is authorized to conduct engineering, environmental, and financial audits of every project which is financed in whole or in part by board financial assistance. Audits may be conducted on site if necessary and board staff shall be provided access to all project records necessary to complete such audit. The political subdivision shall take actions to correct any items found to be in noncompliance with agreements relating to board financial assistance. Source Note: The provisions of this §363.54 adopted to be effective July 19, 1991, 16 TexReg 3768; amended to be effective December 7, 1999, 24 TexReg 10882. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS A GENERAL PROVISIONS §363.54 Audits https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=134251&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 134251 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=134251&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 134251 03/11/2026 Upon receipt of documentation from the political subdivision and project engineer that the project was completed in accordance with approved plans and specifications, and that the contractor has received final payment, except for retainage, the executive administrator shall issue a certificate of completion. This certificate shall be called a certificate of approval. Source Note: The provisions of this §363.55 adopted to be effective July 19, 1991, 16 TexReg 3768; amended to be effective December 25, 2007, 32 TexReg 9721. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS A GENERAL PROVISIONS §363.55 Certificate of Approval https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3660&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3660 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3660&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3660 03/11/2026 After issuance of a certificate of approval the final release of retainage may be made. Source Note: The provisions of this §363.56 adopted to be effective July 19, 1991, 16 TexReg 3768. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS A GENERAL PROVISIONS §363.56 Release of Retainage https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19206&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19206 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19206&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19206 03/11/2026 In the event of a contractor bankruptcy, any agreements entered into with the bonding company (other than the bonding company serving as general contractor or fully bonding another contractor acting as their agent) must be submitted for approval of the executive administrator. The political subdivision shall be responsible for assuring that every appropriate procedure and legal requirement is observed in advertising for bids and re-awarding a construction contract. Source Note: The provisions of this §363.57 adopted to be effective July 19, 1991, 16 TexReg 3768. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS A GENERAL PROVISIONS §363.57 Contractor Bankruptcy https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190821&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 190821 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190821&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 190821 03/11/2026 (a) After the satisfactory completion of the project, the political subdivision shall be held responsible by the board for the continued compliance with all representations and assurances made to the board. To protect the state's monetary investment and the public interest, the executive administrator is authorized to conduct site visits of the project and review operational and financial records. Certified copies of all documents relating to the operation of the project and compliance with agreements relating to board financial assistance shall be provided as requested.(b) Should any information obtained by the executive administrator indicate noncompliance with any agreements, the executive administrator shall require the political subdivision to take timely corrective action. Failure to correct problems may be cause for referral to the attorney general. Source Note: The provisions of this §363.71 adopted to be effective July 19, 1991, 16 TexReg 3768; amended to be effective June 8, 1995, 20 TexReg 3898; amended to be effective June 1, 2008, 33 TexReg 4327; amended to be effective May 6, 2018, 43 TexReg 2785. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS A GENERAL PROVISIONS §363.71 General Responsibilities https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=69542&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 69542 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=69542&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 69542 03/11/2026 The following words and terms, when used in this division, shall have the following meanings, unless the context clearly indicates otherwise. Words defined in the Texas Water Code, Chapters 15, 16, or 17, and not defined here shall have the meanings provided by the appropriate Texas Water Code chapter.(1) Economically distressed area--An area in which water supply or sewer services are or are expected to be inadequate to meet the minimal needs of residential users and in which financial resources are inadequate to provide water supply or sewer services that will satisfy those needs.(2) Emergency--A condition in which a public water or wastewater system has already failed or which poses an imminent threat of failure, causing the health or safety of residential users to be in danger. The emergency shall be the result of natural or man-made catastrophes, riots, or hostile military or paramilitary action, including such conditions recognized by a declaration of disaster by the governor of the state. Source Note: The provisions of this §363.81 adopted to be effective December 7, 1999, 24 TexReg 10882. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS A GENERAL PROVISIONS §363.81 Definitions of Terms https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=69543&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 69543 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=69543&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 69543 03/11/2026 Grants for emergencies may be provided by the board from the Water Loan Assistance Fund pursuant to Texas Water Code, Chapter 15, Subchapter C to political subdivisions for projects that address the interruption of water or wastewater service due to an emergency and which serve an economically distressed area. Source Note: The provisions of this §363.82 adopted to be effective December 7, 1999, 24 TexReg 10882. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS A GENERAL PROVISIONS §363.82 Grants for Emergency https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=69544&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 69544 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=69544&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 69544 03/11/2026 The board shall determine the amount and form of grants for emergencies. The amount of grants shall be limited to the amount necessary to restore service or ensure the uninterrupted delivery of service. Source Note: The provisions of this §363.83 adopted to be effective December 7, 1999, 24 TexReg 10882. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS A GENERAL PROVISIONS §363.83 Terms of Financial Assistance https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=69545&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 69545 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=69545&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 69545 03/11/2026 An applicant shall submit an application in the form and numbers prescribed by the executive administrator. The executive administrator may request additional information needed to evaluate the application and may return any incomplete applications. Source Note: The provisions of this §363.84 adopted to be effective December 7, 1999, 24 TexReg 10882. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS A GENERAL PROVISIONS §363.84 Application https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=69546&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 69546 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=69546&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 69546 03/11/2026 In addition to the information required pursuant to §363.84 of this title, the engineering information of §363.711(b)(2) of this title (relating to Applications), and the preliminary environmental information of §363.711(b)(3) of this title shall apply to applications for grant assistance under this division. Source Note: The provisions of this §363.85 adopted to be effective December 7, 1999, 24 TexReg 10882. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS A GENERAL PROVISIONS §363.85 Additional Application Information https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=69539&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 69539 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=69539&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 69539 03/11/2026 The applicant will execute a grant agreement that sets out the terms and requirements pursuant to which a grant for the emergency will be awarded. These conditions and requirements will include the term of the grant commitment, closing conditions, conditions for environmental approvals, standards for engineering design approvals, and any other provisions required by the board. Source Note: The provisions of this §363.86 adopted to be effective February 16, 1999, 24 TexReg 766; amended to be effective December 7, 1999, 24 TexReg 10882. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS A GENERAL PROVISIONS §363.86 Grant Agreement https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=62911&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 62911 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=62911&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 62911 03/11/2026 Board staff will use preliminary environmental data provided by the applicant, as specified in §363.711(b)(3) of this title (relating to Applications), and make a written report to the executive administrator on known or potentially significant social or environmental concerns. The executive administrator may recommend approval of the project to the board if, based on preliminary information, there appear to be no significant environmental, permitting, or social issues associated with the project. The grant agreement will provide the terms and conditions for completion of the environmental review process which will be consistent with §363.16 of this title (relating to Predesign Funding Option) and with identified mitigation measures with the intent to ensure environmentally responsible and legally compliant project design and implementation. Source Note: The provisions of this §363.87 adopted to be effective February 16, 1999, 24 TexReg 766. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS A GENERAL PROVISIONS §363.87 Environmental Review before Board Approval https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3665&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3665 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3665&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3665 03/11/2026 The sections of this subchapter shall pertain to applications for financing municipal solid waste facility projects authorized by the Texas Water Code, Chapter 17, Subchapter F. Unless in conflict with the provisions of this subchapter, the provisions of Subchapter A of this chapter (relating to General Provisions) shall also apply to municipal solid waste facility projects. Source Note: The provisions of this §363.301 adopted to be effective July 19, 1991, 16 TexReg 3768. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS C MUNICIPAL SOLID WASTE §363.301 Scope of Subchapter https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19221&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19221 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19221&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19221 03/11/2026 The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. Words defined in the Texas Water Code, Chapters 15, 16, or 17, and not defined here shall have the meanings provided by the appropriate Texas Water Code chapter.(1) Hazardous waste--Any solid waste identified or listed as a hazardous waste by the administrator of the United States Environmental Protection Agency (EPA) pursuant to the federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, 42 United States Code 6901 et seq., as amended.(2) Industrial solid waste--Solid waste resulting from or incidental to any process of industry or manufacturing, or mining or agricultural operations.(3) Municipal solid waste--Solid waste resulting from or incidental to municipal, community, commercial, institutional, and recreational activities, including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and all other solid waste other than industrial solid waste.(4) Municipal solid waste facility--All structures, appurtenances, equipment, and improvements, including land and sanitary landfills, necessary for management of municipal solid waste or any other solid waste, excluding hazardous waste and Class I nonhazardous industrial solid waste (other than wastes which are Class I solely because of asbestos content), for which state law authorizes management in municipal solid waste facilities regulated by the department.(5) Permit--The formal written approval issued to the applicant by the department or county for a municipal solid waste facility.(6) Permit application, Part B--The technical information required for landfill sites serving less than 5,000 persons as described by 25 TAC §325.73, concerning technical information required for landfill sites serving less than 5,000 persons--permit application, Part B.(7) Site assessment--The review and analysis of a site upon which a municipal solid waste facility is proposed to determine whether the site has previously been used for the disposal of hazardous substances or solid wastes.(8) Site development plan--A document prepared by the design engineer, which provides a detailed design with supporting calculations and data for the development and operation of a municipal solid waste facility as described in 25 TAC §325.74, concerning technical information required for landfill sites serving 5,000 persons or more--site development plan. Source Note: The provisions of this §363.302 adopted to be effective July 19, 1991, 16 TexReg 3768. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS C MUNICIPAL SOLID WASTE §363.302 Definitions of Terms https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3666&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3666 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3666&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3666 03/11/2026 It is the policy of the board to finance municipal solid waste projects, including the cost of land, and structures, other appurtenances, equipment, and improvements on the land. Source Note: The provisions of this §363.303 adopted to be effective July 19, 1991, 16 TexReg 3768. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS C MUNICIPAL SOLID WASTE §363.303 Policy https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19203&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19203 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19203&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19203 03/11/2026 For municipal solid waste facility projects, the following additional information shall be submitted:(1) a schedule of garbage collection and facility tipping charges for each of the last five years, if the facility is existing; and a schedule of proposed garbage collection and tipping fees; and(2) a copy of any actual or proposed contract under which municipal solid waste collection and disposal services are provided. Before a loan is closed, a certified copy of such contract shall be required. Source Note: The provisions of this §363.311 adopted to be effective July 19, 1991, 16 TexReg 3768. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS C MUNICIPAL SOLID WASTE §363.311 General, Legal, and Fiscal Information https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19207&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19207 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19207&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19207 03/11/2026 For municipal solid waste projects the executive administrator will review all environmental information contained in the engineering feasibility data report and the comments and documentation of coordination with appropriate state and federal agencies. The executive administrator may request that additional information be supplied in order to make a recommendation to the board. Source Note: The provisions of this §363.312 adopted to be effective July 19, 1991, 16 TexReg 3768. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS C MUNICIPAL SOLID WASTE §363.312 Required Environmental Data https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19222&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19222 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19222&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19222 03/11/2026 For municipal solid waste facility projects, the applicant shall submit four copies of a report containing the site development plan or permit application, Part B, and the general or other technical information required and accepted by the department as part of an administratively complete application or registration. The site development plan or permit application, Part B shall not be dated earlier than six months prior to filing with the executive administrator. In addition to the technical data contained therein, the reports shall include the following information:(1) legal name of applicant;(2) name and address of project engineer;(3) a detailed cost estimate for all work to be performed, including all land, equipment, all fees for professional services, and projected operation and maintenance costs;(4) the comments of and documentation of coordination with the appropriate state and federal agencies;(5) any compliance summaries prepared by the department;(6) a statement describing the types and estimated volume of any industrial solid wastes managed or proposed for management at the facility, and in addition, for an applicant requesting financial assistance for an existing facility, a statement describing the nature and estimated volume of historical industrial solid waste management at the facility;(7) for an applicant requesting financial assistance for a new facility, the results of a site assessment prepared by a qualified, independent third party professional(s) acceptable to the board, determining whether the proposed site selected for the facility has previously been used for the disposal of hazardous substances or solid wastes;(8) for an applicant requesting financial assistance for an existing facility, the results of a site assessment, prepared by a qualified, independent third party professional(s) acceptable to the board, determining whether the facility is releasing, or threatening to release, hazardous substances, solid waste, or constituents thereof to air, soils, ground, or surface waters in violation of state or federal environmental laws; and(9) any additional information or data which the executive administrator may require. Source Note: The provisions of this §363.313 adopted to be effective July 19, 1991, 16 TexReg 3768. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS C MUNICIPAL SOLID WASTE §363.313 Engineering Feasibility Report https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3667&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3667 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3667&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3667 03/11/2026 The board may require that the applicant retain a qualified, independent third party professional(s) acceptable to the board to assist in its evaluation of the application, plans and specification or other appropriate engineering design documents, and of the environmental risks associated with the project and in conduct of inspections of construction and materials. The fees for such services to the applicant may be included in the cost estimate for the project. Source Note: The provisions of this §363.314 adopted to be effective July 19, 1991, 16 TexReg 3768. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS C MUNICIPAL SOLID WASTE §363.314 Independent Consultants https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19223&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19223 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19223&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19223 03/11/2026 Political subdivisions shall meet the following requirements before closing.(1) The political subdivision shall submit three copies of plans and specifications, or other appropriate engineering design documents each of which conform to the representations made in the loan application. The plans and specifications must be as detailed as would be required for submission to contractors bidding on the work. In addition, the political subdivision shall submit a draft copy of the construction contract bid documents for each construction contract to be let.(2) If the political subdivision chooses to construct the project using its own employees and material (use force account) the application must certify that:(A) the political subdivision personnel who will perform the work possess the necessary competence required to perform the work and can schedule and accomplish the force account work in a timely manner;(B) the political subdivision will maintain insurance that is adequate and customary for construction or project work, including, but not limited to, fire and casualty, workers' compensation, liability, and "all risk insurance" as required by local or state law; and(C) the political subdivision either has or will establish a proper recordkeeping system to assure that all materials, supplies, and equipment, and labor costs charged to the project are actually used in connection with the project.(3) The political subdivision shall obtain insurance coverage naming the political subdivision, any other party who is an owner or operator of the facility, and the board as insureds and at a minimum including a comprehensive/commercial general liability insurance policy and a property insurance policy with a multi-peril coverage in an amount deemed appropriate in light of the degree and duration of risks associated with the facility. This requirement may be waived by the board if such insurance is unavailable to the political subdivision and the political subdivision agrees to establish a reserve fund to pay and satisfy claims relating to environmental risks in an amount which is deemed appropriate in light of the degree of risks associated with the facility.(4) The political subdivision shall submit representations, warranties, agreements, and covenants by the political subdivision relating to or addressing environmental matters and conditions.(5) The political subdivision shall execute agreements to indemnify the board and its staff on all environmental claims arising out of the facility, and shall supply any additional agreements, documents, or instruments necessary to ensure the validity and enforceability of the indemnity. Source Note: The provisions of this §363.321 adopted to be effective July 19, 1991, 16 TexReg 3768. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS C MUNICIPAL SOLID WASTE §363.321 Prerequisites to Closing https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19219&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19219 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19219&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19219 03/11/2026 In addition to the requirements of §363.52 of this title (relating to Alterations during Construction) the following provisions apply to municipal solid waste facilities. In the event alterations to approved plans and specifications or other engineering documents require a revision to the permit, permit application, Part B, or site development plan, the political subdivision must submit a copy of department approval along with justification of the change order. The executive administrator may require the political subdivision to obtain written approval by the department of any alteration not previously approved by the department. Source Note: The provisions of this §363.331 adopted to be effective July 19, 1991, 16 TexReg 3768. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS C MUNICIPAL SOLID WASTE §363.331 Alterations in Approved Plans and Specifications https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19220&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19220 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19220&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19220 03/11/2026 The political subdivision shall notify the executive administrator of the date for conducting the preopening inspection as required by 25 TAC §325.112(b), concerning meetings and inspections prior to constructing and opening new facilities, to enable representatives of the board to be present. Prior to accepting any municipal solid waste, the political subdivision shall forward to the executive administrator a copy of the department's written confirmation that construction is in compliance with the approved site development plan or permit application, Part B, and the permit. Source Note: The provisions of this §363.332 adopted to be effective July 19, 1991, 16 TexReg 3768. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS C MUNICIPAL SOLID WASTE §363.332 Preopening Inspections https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=31161&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 31161 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=31161&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 31161 03/11/2026 Political subdivisions receiving financial assistance for municipal solid waste facility projects shall provide copies of, and notify the board within 10 days following the receipt of, any notices of violation received from environmental regulatory agencies; notices of any claims or suits filed by regulatory agencies or third parties relating to environmental matters or conditions at the facility; and any notices received from insurance carriers relating to environmental conditions at the facility. In addition, the political subdivision shall provide the board with copies of any reports filed with insurance carriers relating to environmental conditions at the facility and shall notify the board of any material changes to facility design, construction, or operation, including, but not limited to, notification of any requests for permit amendment. The political subdivision shall also provide immediate notification to the board of any discharge or release of hazardous substances, solid wastes, or constituents thereof from the facility. Source Note: The provisions of this §363.333 adopted to be effective July 19, 1991, 16 TexReg 3768. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS C MUNICIPAL SOLID WASTE §363.333 Municipal Solid Waste Facility Project Reporting https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198958&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 198958 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198958&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 198958 03/11/2026 This subchapter shall govern the board's programs of flood financial assistance under the programs established by the Texas Water Code, Chapter 15, Subchapter I and Texas Water Code, Chapter 16, Subchapter L. Unless in conflict with the provisions in this subchapter, the provisions of Subchapter A of this chapter (relating to General Provisions) shall apply to projects under this subchapter. Source Note: The provisions of this §363.401 adopted to be effective April 5, 2020, 45 TexReg 2196. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS D FLOOD FINANCIAL ASSISTANCE §363.401 Scope of Subchapter D https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198959&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 198959 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198959&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 198959 03/11/2026 The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Drainage--includes, but is not limited to, the construction or rehabilitation of bridges, catch basins, channels, conduits, creeks, culverts, detention ponds, ditches, draws, flumes, pipes, pumps, sloughs, treatment works, and appurtenances to those items, whether natural or artificial, or using force or gravity, that are used to draw off surface water from land, carry the water away, collect, store, or treat the water, or divert the water into natural or artificial watercourses.(2) Eligible political subdivision--a district or authority created under Section 52, Article III, or Section 59, Article XVI, Texas Constitution, a district or river authority that is subject to Chapter 49 of the Texas Water Code and participates in cooperative flood control planning, a municipality, or a county.(3) Flood control--the construction or rehabilitation of structural mitigation or anything that retains, diverts, redirects, impedes, or otherwise modifies the flow of water.(4) Flood mitigation--the implementation of actions, including both structural and nonstructural solutions, to reduce flood risk to protect against the loss of life and property.(5) Flood Intended Use Plan--a document adopted by the board that identifies the uses of the funds for flood projects.(6) Flood project--a drainage, flood mitigation, or flood control project, including:(A) planning and design activities;(B) work to obtain regulatory approval to provide nonstructural and structural flood mitigation and drainage;(C) construction of structural flood mitigation and drainage projects, including projects that use nature-based features to protect, mitigate, or reduce flood risk;(D) construction and implementation of nonstructural projects, including projects that use nature-based features to protect, mitigate, or reduce flood risk;(E) nonstructural or natural flood control strategies; and(F) a federally authorized project to deepen a ship channel affected by a flooding event.(7) Nonstructural flood mitigation--includes, but is not limited to, measures such as acquisition of floodplain land for use as public open space, acquisition and removal of buildings located in a floodplain, relocation of residents of buildings removed from a floodplain, flood warning systems, educational campaigns, land use planning policies, watershed planning, flood mapping, and acquisition of conservation easements.(8) Metropolitan statistical area--an area so designated by the United States Office of Management and Budget.(9) Project Watershed--the area upstream and downstream substantially affected by the proposed flood project, as documented in the project application and sealed by a Professional Engineer or Professional Geoscientist.(10) Structural flood mitigation--includes, but is not limited to, measures such as construction of storm water retention basins, enlargement of stream channels, modification or reconstruction of bridges, coastal erosion control measures, or beach nourishment. Source Note: The provisions of this §363.402 adopted to be effective April 5, 2020, 45 TexReg 2196. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS D FLOOD FINANCIAL ASSISTANCE §363.402 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198960&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 198960 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198960&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 198960 03/11/2026 (a) Periodically, the board will adopt a Flood Intended Use Plan to determine the use of funds for applicable application periods. The Flood Intended Use Plan will include:(1) eligibility criteria;(2) structure of financial assistance, including any subsidies; and(3) criteria to be used by the executive administrator in prioritization of applications.(b) Before the board adopts a Flood Intended Use Plan or any substantive amendments thereto, the executive administrator will provide 30 days' notice and opportunity to comment. Source Note: The provisions of this §363.403 adopted to be effective April 5, 2020, 45 TexReg 2196. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS D FLOOD FINANCIAL ASSISTANCE §363.403 Flood Intended Use Plan https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198961&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 198961 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198961&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 198961 03/11/2026 (a) The board will establish deadlines for application submittals. The executive administrator will provide the prioritization of those abridged applications to the board for approval as soon thereafter as practicable. The executive administrator will develop and provide an abridged application to gather information necessary for prioritization. To be considered for prioritization, an applicant must provide in the abridged application adequate information to establish that the applicant qualifies for funding, to describe the project comprehensively, and to establish the cost of the project, as well as any other information requested by the executive administrator. If an applicant submits an abridged application for prioritization purposes, the applicant must submit a complete application to the board by the deadline established by the executive administrator, or the project will lose its priority ranking and the board may commit to other projects consistent with the prioritization.(b) For each abridged application that the executive administrator has determined has adequate information and is administratively complete for prioritization purposes and prior to each board meeting at which abridged applications may be considered for prioritization, the executive administrator shall:(1) prioritize the applications by the criteria identified in the Flood Intended Use Plan; and(2) provide to the board a prioritized list of all abridged applications as recommended by the executive administrator, the amount of funds requested, and the priority of each application received.(c) The board will identify the amount of funds available for new applications, establish the structure of financing and the terms of any subsidy, and will consider applications in accordance with this title. Source Note: The provisions of this §363.404 adopted to be effective April 5, 2020, 45 TexReg 2196. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS D FLOOD FINANCIAL ASSISTANCE §363.404 Prioritization System https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198962&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 198962 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198962&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 198962 03/11/2026 (a) The board may use the funds for financial assistance to eligible political subdivisions as follows:(1) to make a loan to an eligible political subdivision at or below market interest rates for a flood project;(2) to make a grant or loan at or below market interest rates to an eligible political subdivision for a flood project to serve an area outside of a metropolitan statistical area in order to ensure that the flood project is implemented;(3) to make a loan at or below market interest rates for planning and design costs, permitting costs, and other costs associated with state or federal regulatory activities with respect to a flood project;(4) to make a grant to an eligible political subdivision to provide matching funds to enable the eligible political subdivision to participate in a federal program for a flood project;(5) to make a grant to an eligible political subdivision for a flood project if the board determines that the eligible political subdivision does not have the ability to repay a loan;(6) to meet matching requirements for projects funded partially by federal money; and(7) to make a loan to an eligible political subdivision below market interest rates and under flexible repayment terms, including a line of credit or loan obligation with early repayment terms, to provide financing for the local share of a federally authorized ship channel improvement project.(b) The board may also use the fund to make transfers to the research and planning fund created under Texas Water Code Section 15.402, which may be used to provide money for flood control planning, as described in Texas Water Code Chapter 15, Subchapter F and 31 Texas Administrative Code Chapter 355.(c) The board reserves the right to limit the amount of funding available to an individual entity. Source Note: The provisions of this §363.405 adopted to be effective April 5, 2020, 45 TexReg 2196. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS D FLOOD FINANCIAL ASSISTANCE §363.405 Use of Funds https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198963&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 198963 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198963&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 198963 03/11/2026 (a) Principal and interest payments on loans at or below market interest rates for planning and design costs, permitting costs, and other costs associated with state or federal regulatory activities with respect to a flood project may be deferred for not more than 10 years or until construction of the flood project is completed, whichever is earlier.(b) The board shall determine the amount and form of financial assistance and the amount and form of repayment.(c) The board shall determine the method of evidence of debt.(d) If the board determines non-performance on the terms of the grant, the board may require reimbursement of all or part of the funds provided by grant assistance or impose sanctions such as prohibition of further board financial assistance. Source Note: The provisions of this §363.406 adopted to be effective April 5, 2020, 45 TexReg 2196. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS D FLOOD FINANCIAL ASSISTANCE §363.406 Terms of Financial Assistance https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198964&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 198964 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198964&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 198964 03/11/2026 On review and recommendation by the executive administrator, the board may approve an application only if the board finds:(1) the application and the assistance applied for meet requirements of this subchapter and board rules;(2) the application demonstrates a sufficient level of cooperation among eligible political subdivisions and includes all of the eligible political subdivisions substantially affected by the flood project, as described in Section 363.408(b)(1) and (2), as applicable;(3) the taxes or other revenue, or both the taxes and other revenue, pledged by the applicant will be sufficient to meet all the obligations assumed by the eligible political subdivision; and(4) other findings as required in the Flood Intended Use Plan. Source Note: The provisions of this §363.407 adopted to be effective April 5, 2020, 45 TexReg 2196. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS D FLOOD FINANCIAL ASSISTANCE §363.407 Findings Required https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198965&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 198965 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198965&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 198965 03/11/2026 (a) This section applies to complete applications submitted to the executive administrator after prioritization.(b) In addition to the general application requirements of Subchapter A of this chapter (relating to General Provisions), the following are required to be considered an administratively complete application:(1) if the project is a flood control project and the project watershed is partially located outside the political subdivision making the application, the applicant must submit a memorandum of understanding relating to management of the project watershed. The memorandum of understanding must be approved and signed by all governing bodies of eligible political subdivisions located in the project watershed. The memorandum of understanding at a minimum, must contain a requirement that all political subdivisions in the project watershed agree to work cooperatively;(2) an affidavit attesting to the following:(A) that the applicant has acted cooperatively with other political subdivisions to address flood control needs in the area in which the eligible political subdivisions are located;(B) that all eligible political subdivisions substantially affected by the proposed flood project have participated in the process of developing the proposed flood project, recognizing that providing adequate notice and ample opportunity to any such eligible political subdivision that elects not to participate further would fulfill this requirement, provided evidence of notification is included in the application;(C) that the eligible political subdivisions, separately or in cooperation, have held public meetings to accept comment on proposed flood projects from interested parties; and(D) that the technical requirements for the proposed flood project have been completed and compared against any other potential flood projects in the same area. This statement is not required for applications for assistance for planning and design costs, permitting costs, and other costs associated with state or federal regulatory activities with respect to a flood project;(3) an analysis of whether the proposed flood project could use floodwater capture techniques for water supply purposes, including floodwater harvesting, detention or retention basins, or other methods of capturing storm flow or unappropriated flood flow;(4) a description of the Project Watershed sealed by a Professional Engineer or Professional Geoscientist. The Project Watershed shall be estimated using the best available data with analysis performed in accordance with sound engineering principles and practices. Revisions to the Project Watershed may be necessary with additional data, development of more refined modeling tools, refinement of design criteria, or other factors. The applicant must provide the executive administrator with updates of the description of the Project Watershed as it is modified. If a revision to the Project Watershed results in a portion of the project watershed being partially outside of the political subdivision boundaries of the Applicant, the Applicant must provide the executive administrator with additional memoranda of understanding necessary to include all eligible political subdivisions located in the project watershed; and(5) additional information as needed to allow the board to comply with its responsibility to act as a clearinghouse for information about flood planning and its reporting requirements. Source Note: The provisions of this §363.408 adopted to be effective April 5, 2020, 45 TexReg 2196. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS D FLOOD FINANCIAL ASSISTANCE §363.408 Complete Application Requirements https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198966&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 198966 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198966&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 198966 03/11/2026 The investment and administration of funds shall be managed in accordance with the Board's investment policy, in accordance with State of Texas Comptroller guidelines, and the Public Funds Investment Act, Texas Government Code, Chapter 2257. Source Note: The provisions of this §363.409 adopted to be effective April 5, 2020, 45 TexReg 2196. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS D FLOOD FINANCIAL ASSISTANCE §363.409 Investment and Administration of Funds https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=90018&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 90018 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=90018&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 90018 03/11/2026 The sections in this subchapter shall govern the board's Economically Distressed Areas Program as established by the Texas Water Code, Chapter 16, Subchapter J and Chapter 17, Subchapter K (as provided in Division 1) and Colonia Self-Help Program established by Chapter 15, Subchapter P (as provided in Division 2). Unless in conflict with the provisions in this subchapter, the provisions of Subchapter A of this chapter (relating to General Provisions) shall also apply to economically distressed areas projects. Source Note: The provisions of this §363.501 adopted to be effective January 4, 2000, 24 TexReg 12070; amended to be effective November 7, 2001, 26 TexReg 8847. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS E ECONOMICALLY DISTRESSED AREAS §363.501 Scope of Subchapter https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208748&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 208748 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208748&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 208748 03/11/2026 The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Economically distressed area--An area in which:(A) water supply or sewer services are inadequate to meet minimal needs of residential users as defined by board rules;(B) financial resources are inadequate to provide water supply or sewer services that will satisfy those needs; and(C) an established residential subdivision was located on June 1, 2005, as determined by the board.(2) Intended Use Plan--a document adopted by the board after public review and comment that identifies the uses of the funds under this program.(3) Operating entity--(the individuals who compose) the governing body of a provider utility and the individuals who are employed by the provider utility to perform the financial, managerial, and technical tasks associated with the operation of the provider utility.(4) Provider utility--The entity will provide water supply or wastewater service to the economically distressed area. Source Note: The provisions of this §363.502 adopted to be effective January 4, 2000, 24 TexReg 12070; amended to be effective December 3, 2002, 27 TexReg 11156; amended to be effective January 2, 2007, 31 TexReg 10804; amended to be effective December 25, 2007, 32 TexReg 9721; amended to be effective May 1, 2022, 47 TexReg 2550. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS E ECONOMICALLY DISTRESSED AREAS §363.502 Definitions of Terms https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208749&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 208749 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208749&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 208749 03/11/2026 To determine that an area is economically distressed, the board shall consider information and data presented with the application or otherwise available to the board to determine that the water or sewer services are inadequate to meet the minimal needs of residential users; that the financial resources of the residential users of the services are inadequate to provide water or sewer services that will satisfy those minimal needs; and that an established residential subdivision was located in the economically distressed area on June 1, 2005.(1) Water service is inadequate to meet the minimal needs of the residential users in an economically distressed area if the board determines that water service:(A) does not exist or is not provided;(B) is provided by a community water system that does not meet drinking water standards established by the commission;(C) is provided by individual wells that, after treatment, do not meet drinking water standards established by the commission; or(D) does not meet applicable drinking water standards of any other governmental unit with jurisdiction over such area.(2) Sewer service is inadequate to meet the minimal needs of residential users in an economically distressed area if the board determines that sewer service:(A) does not exist or is not provided;(B) is provided by an organized sewage collection and treatment facility that does not comply with the standards and requirements established by the commission;(C) is provided by on-site sewerage facilities that do not comply with the standards and requirements established by the commission; or(D) does not meet applicable wastewater standards of any other governmental unit with jurisdiction over such area.(3) The financial resources of the residential users in the economically distressed area are inadequate to provide the needed services if the board finds that the area to be served by a proposed project has a median household income that is not greater than 75% of the median state household income for the most recent year for which statistics are available.(4) An established residential subdivision was located in the economically distressed area on June 1, 2005, if the board determines the following:(A) either a plat of the area is recorded in the county plat or deed records; or a pattern of subdivision, without a recorded plat, is evidenced by the existence of multiple residential lots with roads, streets, utility easements, or other such incidents of common usage or origin;(B) at least one occupied residential dwelling existed within the platted or subdivided area on June 1, 2005; and(C) such other factors as may be determined relevant by the board.(5) The boundary or limits of a water or sewage project to serve an economically distressed area may be determined by:(A) a subdivision plat prepared by a registered engineer, whether recorded or not;(B) a metes and bounds description, natural boundaries, roads, or other natural features that delineate an unplatted area within which a feasible cost-effective project can be developed; or(C) inclusion of occupied dwellings with inadequate water or wastewater services in close proximity to an economically distressed area determined as provided in paragraph (4) of this section when such dwellings can be feasibly served by the proposed project. Source Note: The provisions of this §363.503 adopted to be effective January 4, 2000, 24 TexReg 12070; amended to be effective November 7, 2001, 26 TexReg 8847; amended to be effective January 2, 2007, 31 TexReg 10804; amended to be effective December 25, 2007, 32 TexReg 9721; amended to be effective February 4, 2009, 34 TexReg 669; amended to be effective May 1, 2022, 47 TexReg 2550. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS E ECONOMICALLY DISTRESSED AREAS §363.503 Determination of Economically Distressed Area https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208747&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 208747 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208747&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 208747 03/11/2026 (a) Periodically, the board will adopt an Intended Use Plan to determine the use of funds for the specified application period. The Intended Use Plan may include:(1) structure and method of determining the financial assistance provided, including any subsidies;(2) criteria to be used by the executive administrator in prioritization of abridged applications; and(3) other requirements related to program administration.(b) The executive administrator shall allow a period for public review and comment before the board considers adoption and approval of the Intended Use Plan and the initial project priority list or any substantive amendments to the Intended Use Plan. The executive administrator may make amendments to the project priority list after a 14-day public comment period without any public hearing.(c) Eligible applicants who wish to submit a project for inclusion in the Intended Use Plan and on the initial project priority list must submit a complete and accurate abridged application by the date specified by the board.(d) The information that must be included in an abridged application will be included in the Intended Use Plan. Failure to submit all required information specified in the Intended Use Plan may result in the project being ineligible for further board consideration and prioritization.(e) Projects will be rated in the initial project prioritization based upon the information submitted by the applicant in the abridged application and any supporting documentation, with points being awarded by the executive administrator in amounts specified in the Intended Use Plan.(f) If two or more projects receive the same number of points in the project prioritization, the executive administrator will use the tie-breaker procedures listed in the applicable Intended Use Plan.(g) If sufficient funds are available, applicants with projects included on the priority list adopted by the board will be invited to submit a full application for consideration by the board in accordance with the Intended Use Plan and this chapter. Additional invitations to submit a full application may be extended from time to time while funds remain available.(h) The applicant for a proposed project listed within the project priority list adopted by the board may be allowed certain changes without requiring a re-ranking in the following circumstances:(1) the applicant for a proposed project changes but the project does not change; or(2) the number of participants in a regional project changes and the change does not result in a change to the rating. Source Note: The provisions of this §363.504 adopted to be effective May 1, 2022, 47 TexReg 2550. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS E ECONOMICALLY DISTRESSED AREAS §363.504 Intended Use Plan and Project Priority List https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208750&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 208750 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208750&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 208750 03/11/2026 A full application for planning, acquisition, design, construction, or a combination thereof, shall be in the form and numbers prescribed by §363.12 of this title (relating to General, Legal, and Fiscal Information). Full applications will be reviewed for administrative completeness, as determined by the executive administrator. In addition to any other information that may be required by the executive administrator or the board, the full application shall include:(1) information to establish to the satisfaction of the executive administrator that the county in which the applicant is located has adopted and is enforcing the model rules adopted by the board pursuant to Texas Water Code §16.343 (model rules) and that, if any part of the project is located within the corporate limits of a municipality or its extraterritorial jurisdiction, the municipality has adopted and is enforcing the model rules, including the following information:(A) A copy of the subdivision regulations adopted by the county and the municipality, if applicable;(B) From the county and the municipality, if applicable, the lesser of either the three most recently approved residential subdivision plats, or all recently approved subdivision plats, that are within the jurisdiction of the county, and, if applicable, the municipality; provided that, if a county or municipality has not approved any residential subdivision plats within the last five years, the county judge and mayor, if applicable, shall submit a notarized statement to such effect;(C) A notarized statement from the county judge that:(i) the residential subdivision regulations adopted by the county and submitted with the statement fully incorporate the model rules;(ii) any residential subdivision plats submitted with this statement fully comply with the county regulations;(iii) the county is enforcing the applicable model rules developed under Texas Water Code §16.343, and a description of any measures taken to mitigate any deficiencies in compliance;(iv) acknowledges that, if the executive administrator determines that the county is not enforcing the model rules, all funds provided by the board under this subchapter and committed for Economically Distressed Areas Program (EDAP) projects in the county shall be suspended; and(v) Such statement shall be considered sufficient to establish compliance with the model rules unless the executive administrator identifies significant violations with the model rules and the county is unable to correct the deficiencies within 90 days of notification of the violations;(D) If any part of the project is located within the corporate limits of a municipality or its extraterritorial jurisdiction, a notarized statement from the mayor that:(i) the residential subdivision regulations adopted by the municipality and submitted with the statement fully incorporate the model rules;(ii) any residential subdivision plats submitted with this statement fully comply with the municipality's regulations;(iii) acknowledges that, if the executive administrator determines that the municipality is not enforcing the model rules, all funds provided by the board under this subchapter and committed for EDAP projects in the municipality or its extraterritorial jurisdiction shall be suspended; and(iv) such statement shall be considered sufficient to establish compliance with the model rules unless the executive administrator identifies significant violations with the model rules and the municipality is unable to correct the deficiencies within 90 days of notification of the violations;(E) If the county or municipality, if applicable, has only been required or authorized to adopt residential subdivision rules that enforce the model rules within one year of the submission of the application the executive administrator may require that each member of the applicable governing body:(i) complete a course of training of not more than two hours on the implementation of the model rules prepared and provided by the executive administrator in a widely available medium at no cost; and(ii) provide a notarized statement that the member has completed the training.(2) Any relevant data or information identified in §355.73(b) of this title (relating to Scope of Facility Plan) that may be requested by the board or the executive administrator.(3) a proposed project schedule and budget that includes estimated project costs, identifying the source of funds, and method for repayment of financial assistance;(4) a resolution from its governing body which shall:(A) request financial assistance and identify the amount of requested assistance;(B) designate the authorized representative to act on behalf of the governing body; and(C) authorize the representative to submit the application, appear before the board on behalf of the applicant, and submit such other documentation as may be required by the executive administrator or the board;(5) a notarized affidavit from the authorized representative stating that:(A) the decision to request financial assistance from the board was made in a public meeting held in accordance with the Open Meetings Act (Texas Government Code, §§551.001, et seq.,) and after providing all such notice as required by such Act as is applicable to the applicant or, for a corporation, that the decision to request financial assistance from the board was made in a meeting open to all customers and after providing all customers written notice at least 72 hours prior to such meeting that a decision to request public assistance would be made during such meeting;(B) the information submitted in the application is true and correct according to best knowledge and belief of the representative;(C) the applicant has no outstanding fines, penalties, taxes, assessment or other enforcement or compliance issue of any kind or nature by the Texas Comptroller, Texas Secretary of State, or any other federal, state or local government or identifying such judgments, orders, fines, penalties, taxes, assessment or other enforcement or compliance issue as may be outstanding for the applicant that are not related to public health and safety issues resulting from water supply or sewer services;(D) the applicant warrants compliance with the representations made in the application in the event that the board provides the financial assistance; and(E) the applicant will comply with all applicable federal laws, rules, and regulations as well as the laws of this state and the rules and regulations of the board;(6) copies of any proposed or existing contracts with any appropriate consultants such as financial advisory, engineering, general counsel and bond counsel services to be used by the applicant in applying for financial assistance or constructing the proposed project. Contracts for engineering services should include the scope of services, level of effort, costs, schedules, and other information necessary for adequate review by the executive administrator;(7) a citation to the specific legal authority in the Texas Constitution and statutes pursuant to which the applicant is authorized to provide the service for which the applicant is receiving financial assistance as well as the legal documentation identifying and establishing the legal existence of the applicant as may be deemed necessary by the executive administrator;(8) if the applicant provides or will provide water supply or treatment or sewer service to another service provider, or receives such service from another service provider, the proposed agreement, contract, or other documentation which legally establishes such service relationship, with the final and binding agreements provided prior to closing;(9) documentation of the ownership interest, with supporting legal documentation, of property on which proposed project shall be located, or if the property is to be acquired, certification that the applicant has the necessary legal power and authority to acquire the property;(10) the name of the political subdivision and its principal officers;(11) a preliminary facility engineering plan, prepared and certified by an engineer registered to practice in this state, that must:(A) describe the proposed planning, design, and construction activities necessary to provide water supply and/or sewer services that meet minimum state standards provided by board rules;(B) identify the households to which water supply and sewer services will be provided; and(C) described the existing water supply and sewer facilities located in the area to be served by the proposed project, including a statement that the facilities do not meet minimum state standards;(12) information identifying the median household income for the area to be served by the proposed project; and(13) the water conservation plan required by Texas Water Code §16.4021. Source Note: The provisions of this §363.505 adopted to be effective May 1, 2022, 47 TexReg 2550. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS E ECONOMICALLY DISTRESSED AREAS §363.505 Required Information for Full Applications https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208751&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 208751 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208751&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 208751 03/11/2026 (a) The funds available for projects eligible for financial assistance from the Economically Distressed Areas Program Account under this subchapter shall be determined by the board.(b) The board may provide financial assistance from the Economically Distressed Areas Program Account in the amount and manner provided in §363.508 of this title (relating to Calculation of Financial Assistance) for costs necessary to provide water or sewer services for the activities as defined in Texas Water Code §17.001(8), including:(1) preliminary planning, including contingencies as determined by the board, to determine the feasibility of a water supply project or wastewater treatment works;(2) engineering, architectural, legal, title, fiscal, or economic investigations or studies, surveys, designs, plans, working drawings, specifications, procedures, or other necessary actions;(3) the expense of any acquisition, condemnation or other legal proceedings associated with real property acquisitions;(4) construction including erecting, building, acquiring, altering, remodeling, improving, acquiring or extending a water supply project or water services, treatment works or sewer services or facilities;(5) asset management planning; and(6) the inspection or supervision of any of the items listed herein.(c) A full application for construction funding only shall include all the requirements in §363.505 of this title (relating to Required Information for Full Applications) as well as a facility plan that includes all of the facility engineering data, studies, and analysis and any other relevant data or information as may be requested by the board or the executive administrator.(d) The grant agreement may contain provisions for the board to retain a minimum of 5% of the progress payments otherwise due to the applicant until the funded deliverable, as defined in the grant agreement, is substantially complete and is authorized by the executive administrator.(e) The board shall set the terms of the financial assistance provided under subsection (b) of this section, and such terms may be extended at the sole discretion of the board. Source Note: The provisions of this §363.506 adopted to be effective May 1, 2022, 47 TexReg 2550. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS E ECONOMICALLY DISTRESSED AREAS §363.506 Review of Full Application and Assistance Conditions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208752&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 208752 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208752&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 208752 03/11/2026 The amount and form of financial assistance, including the amount and form of repayment, if any, will be calculated as specified in the Intended Use Plan. Source Note: The provisions of this §363.508 adopted to be effective May 1, 2022, 47 TexReg 2550. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS E ECONOMICALLY DISTRESSED AREAS §363.508 Calculation of Financial Assistance https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208753&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 208753 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208753&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 208753 03/11/2026 (a) The board shall determine the amount and form of financial assistance and the amount and form of repayment, if applicable. The board shall establish repayment based on the political subdivision's ability to repay the financial assistance and shall consider:(1) rates, fees, and charges that the average customer to be served by the project will be able to pay;(2) sources of funding available to the political subdivision from federal and private funds and from other state funds;(3) any local funds available from the political subdivision if the economically distressed area to be served by the board's financial assistance is within the boundary of the political subdivision;(4) the just, fair, and reasonable charges for water and wastewater service as provided in the Texas Water Code;(5) the ability of the board to maximize the portion of financial assistance for which repayment is required based on the political subdivision's ability to repay the assistance, as provided by board rule; and(6) the limit on the total amount of financial assistance that does not require repayment pursuant to Texas Water Code §17.933.(b) The board shall determine the method of evidence of debt.(c) If the board determines non-performance of the terms of the grant by the political subdivision, the board may require reimbursement of all or part of the funds provided by grant assistance or impose sanctions such as prohibition of further board financial assistance. Source Note: The provisions of this §363.510 adopted to be effective May 1, 2022, 47 TexReg 2550. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS E ECONOMICALLY DISTRESSED AREAS §363.510 Terms of Financial Assistance https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208754&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 208754 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208754&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 208754 03/11/2026 Any applicant receiving financial assistance from the board for the construction of wastewater system improvements shall exercise the authority granted to such applicant pursuant to the Texas Water Code, §17.934, and require property owners that can be served by such wastewater system improvements to connect to the applicant's sewer system. Source Note: The provisions of this §363.511 adopted to be effective May 1, 2022, 47 TexReg 2550. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS E ECONOMICALLY DISTRESSED AREAS §363.511 Required Sewer Connections https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208757&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 208757 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208757&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 208757 03/11/2026 (a) The board may determine or request that the commission make a determination that an operating entity complete training to obtain the necessary financial, managerial, or technical capacity to ensure the project will provide adequate water or wastewater service or to maintain the financial viability of the provider utility in any of the following circumstances:(1) upon receipt of an application from the provider utility for financial assistance under this subchapter;(2) upon receipt of a request for amendment to the financial assistance commitment previously provided to the provider utility;(3) upon a determination of the board that the provider utility which has received a commitment of financial assistance under this subchapter has failed to provide the board documentation required under state law, board rule, bond covenant or the grant agreement for the financial assistance provided by the board; or(4) upon receipt of notification that the commission has determined that the provider utility has a history of compliance problems or that the commission has assessed a penalty in an enforcement action against the provider utility.(b) The board may determine that an operating entity will be required to undertake financial, managerial, or technical training based on an assessment performed by the commission or an assessment performed by the executive administrator and approved by the board. In the event that the executive administrator prepares the assessment, the assessment as provided to the board will consist of:(1) a summary of any documentation and information reviewed by the executive administrator relating to or developed for:(A) an application for financial assistance from the provider utility;(B) a request by the provider utility for an amendment to the terms or conditions of the financial assistance provided to the provider utility;(C) compliance efforts of the provider utility with criteria and requirements identified in applicable state or federal law, board rule, bond covenants, loan agreements, or grant agreements; and(D) any communication with the operating entity of the provider utility or its staff.(2) a recommendation from the executive administrator specifically identifying:(A) any particular financial, managerial, or technical capability that the entity may lack;(B) the basis for concluding that the entity lacks such capability by referencing the applicable state or federal law, board rule, and bond or grant agreement covenants and the action taken by the entity that suggests that training would be useful;(C) the appropriate training course or curriculum from the approved training program and provider list; and(D) the positions at the operating entity, whether governing body and/or employees of the operating entity, required to take the training.(c) Upon review of an assessment by the commission or an assessment by the executive administrator recommending that training be required of an operating entity, the board will determine whether the governing body or employees of an operating entity shall be required to complete a course of training.(1) In considering the action to be taken by the board on the assessment, the board may:(A) decline to approve an application for financial assistance or the request for amendment to the terms or conditions of the financial assistance submitted by the provider utility based on the assessment provided to the board or for any reason identified by the board;(B) table the action requested of the board by the operating entity based on the determination that the operating entity should complete training and that further action by the board on the request will be postponed until such time as the provider utility submits a certificate of completion of training;(C) approve the action requested of the board by providing that the action of the board will not be implemented or performed until such time as the executive administrator is provided a certificate of completion of the required training;(D) approve the request of the provider utility; or(E) take such action as determined by the board.(2) If an operating entity is required to complete training as part of the action taken by the board, the board will identify the financial, managerial, or technical capability which is to be addressed by the training and the course curriculum that the operating entity must complete.(3) The provider utility which has an operating entity that is required to complete training as part of the action taken by the board will:(A) select the training provider from the board approved list of training providers for required training curricula or request that the board approve an alternative curriculum or training provider by submitting to the board a proposed alternative curriculum or training provider, together with sufficient documentation for the board to evaluate the curriculum or training provider;(B) make arrangements, including payment, with the selected training provider and assume the responsibility of insuring that the operating entity complete the training required by the board; and(C) submit a certificate of completion from the approved training provider to the executive administrator. Upon receipt of the certificate of completion, the executive administrator shall take such actions as directed by the board in its resolution on the action requested by the provider utility.(d) At such intervals as determined by the board, the board will consider and may approve a list of training providers that can provide any required financial, managerial, and technical training. In addition to any other information the board deems necessary or appropriate, the list shall identify:(1) training providers identified by name and contact information that currently provide training that is intended to improve financial, managerial, or technical capabilities of water and wastewater utilities;(2) the course curriculum offered by the training providers;(3) which managerial, financial, or technical capability that the training addresses; and(4) the method by which the training provider will determine that the operating entity has satisfactorily completed the required curriculum. Source Note: The provisions of this §363.512 adopted to be effective May 1, 2022, 47 TexReg 2550. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS E ECONOMICALLY DISTRESSED AREAS §363.512 Financial, Managerial, and Technical Training Requirements https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208755&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 208755 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208755&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 208755 03/11/2026 (a) EDAP funds may be used to provide financial assistance to political subdivisions for plumbing connections to residences pursuant to Texas Water Code §17.9225, relating to residential water and sewer connection assistance.(b) Definitions. The following words and terms shall have the following meanings when used in this section.(1) Connection--joining the indoor water and wastewater plumbing of a residence to an existing public water supply or sanitary sewer system.(2) Public System--a public water supply or sanitary sewer system.(3) Public Water Supply System--a system that supplies safe drinking water as defined in Chapter 341, Health and Safety Code.(4) Sanitary Sewer System--a system used to transport waste as defined by Chapter 26, Water Code.(5) Yard Water Service--the residence supply piping that carries potable water from the water meter or other source of water supply to the point of connection to the residence.(c) Financial assistance may be provided for first-time connection to a public system to pay for the following costs:(1) the costs of connecting a residence to a public water supply system constructed with financial assistance;(2) the costs of installing yard water service connections;(3) the costs of installing indoor plumbing facilities and fixtures;(4) the costs of connecting a residence to a sanitary sewer system constructed with financial assistance;(5) necessary connection and permit fees; and(6) necessary costs related to the design of plumbing improvements described by this subsection.(d) Financial assistance under this section is limited to residences that demonstrate an inability to pay for the improvements. Proof of household income that does not exceed the definition of a low-income family as defined by the Department of Housing and Urban Development shall constitute a demonstrated inability to pay for the improvements provided for purposes of this section.(e) To document household income, the political subdivision shall use the board's Economically Distressed Areas Program Survey Instrument.(f) The political subdivision shall determine the needs related to connection of residences in the area to be served by the project to water supply and sewer services during the planning phase of a project. Source Note: The provisions of this §363.513 adopted to be effective December 24, 2009, 34 TexReg 9225; amended to be effective May 1, 2022, 47 TexReg 2550. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS E ECONOMICALLY DISTRESSED AREAS §363.513 Residential Water and Sewer Connections https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208756&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 208756 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208756&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 208756 03/11/2026 Annually, the board shall make publicly available a report on the agency website detailing each project for which the board has provided financial assistance under Texas Water Code, Chapter 17, Subchapter K. The report must meet the requirements listed in Texas Water Code §17.937. Source Note: The provisions of this §363.514 adopted to be effective May 1, 2022, 47 TexReg 2550. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS E ECONOMICALLY DISTRESSED AREAS §363.514 Reporting and Transparency Requirements https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145078&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 145078 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145078&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 145078 03/11/2026 The following words and terms, when used in this division, shall have the following meanings unless the context clearly indicates otherwise. Other words and terms defined in Water Code, Chapter 15, Subchapter P, and not defined here shall have the meanings provided in the said Subchapter P.(1) Applicant--A political subdivision or an eligible nonprofit organization that submits an application for financial assistance under the Colonia Self-Help Program established by Water Code, Chapter 15, Subchapter P.(2) Self-help project--A project providing necessary water or wastewater services to a colonia in which the people who will benefit from the project actively participate. Source Note: The provisions of this §363.521 adopted to be effective November 7, 2001, 26 TexReg 8847; amended to be effective March 31, 2010, 35 TexReg 2598. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS E ECONOMICALLY DISTRESSED AREAS §363.521 Definitions of Terms https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145079&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 145079 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145079&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 145079 03/11/2026 (a) The board may award a grant under the Colonia Self-Help Program directly to an eligible nonprofit organization or political subdivision to reimburse the organization for expenses incurred in a self-help project.(b) If the board determines that the political subdivision, or a retail public utility, if the political subdivision will not be the service provider, has made a commitment to the self-help project sufficient to ensure that retail water or wastewater service will be extended to the colonia, the board may make an advance of grant funds to the nonprofit organization or political subdivision.(c) An advance under this section is subject to the terms determined by the board and may not exceed 10 percent of the total amount of the grant. Source Note: The provisions of this §363.522 adopted to be effective November 7, 2001, 26 TexReg 8847; amended to be effective March 31, 2010, 35 TexReg 2598. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS E ECONOMICALLY DISTRESSED AREAS §363.522 Financial Assistance https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145080&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 145080 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145080&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 145080 03/11/2026 An applicant for financial assistance under the Colonia Self-Help Program shall submit an application in the form and numbers prescribed by the executive administrator before any eligible project expenses are incurred. The application shall include the information required by the Water Code §15.955, and any additional information required by the board, including:(1) if a nonprofit: the name of the nonprofit organization and its principal officers, and documentation of its tax exempt status under the Internal Revenue Code, §501(3)(c);(2) if a political subdivision: a citation to the specific legal authority in the Texas Constitution and statutes pursuant to which it is authorized to provide the service for which the applicant is receiving financial assistance and legal documentation identifying and establishing the legal existence of the political subdivision;(3) a description of the project area, its existing water and wastewater facilities, the number of new utility connections expected to be made, and the number of residents expected to be served by the project;(4) a description of the project and its estimated total cost, a description of the aspect of the project for which the grant sought from the board will be used and its estimated cost, and a summary of the sources of funding for the total cost of the project;(5) evidence that the residents of the area to be served by the proposed project will contribute labor to the construction of the system or otherwise participate in the project in a manner that results in a significant reduction of the total conventional project cost, as determined by the board;(6) if the political subdivision will not be the service provider, a resolution from a retail public utility authorized to provide water or wastewater services to the colonia that it will inspect the project during and after construction to ensure adequacy of the project to provide water or wastewater service upon completion of construction by the applicant;(7) if the political subdivision will not be the service provider, a resolution from a retail public utility that it has the capability to and will assume ownership of the completed project and responsibility for its operation and maintenance and will provide the water or wastewater services that the project is intended to make available to the colonia;(8) if the political subdivision will not be the service provider, documentation which demonstrates that the retail public utility that is to provide wastewater services exercises the authority granted to such service providers pursuant to the Water Code, §17.934, and requires property owners that can be served by wastewater system improvements resulting from completion of the self-help project to connect to the service provider's sewer system;(9) information which adequately identifies an amount necessary for the purchase of capacity in an existing treatment plant and/or related facilities to which the completed project will be connected, if applicable;(10) documentation that demonstrates work experience relevant to extending retail water or wastewater utility service to colonias in coordination with retail public utilities; and(11) a plan that requires self-help project beneficiaries to actively participate in the implementation of the project, in coordination with a retail public utility, if the political subdivision will not be the service provider. Source Note: The provisions of this §363.523 adopted to be effective November 7, 2001, 26 TexReg 8847; amended to be effective March 31, 2010, 35 TexReg 2598. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS E ECONOMICALLY DISTRESSED AREAS §363.523 Application https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145081&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 145081 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145081&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 145081 03/11/2026 The board shall use the procedures and rely on the standards set out in §363.503 of this title (relating to Determination of Economically Distressed Area) to determine that a colonia for which self-help assistance is sought is eligible. Source Note: The provisions of this §363.524 adopted to be effective November 7, 2001, 26 TexReg 8847; amended to be effective March 31, 2010, 35 TexReg 2598. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS E ECONOMICALLY DISTRESSED AREAS §363.524 Determination of Eligible Colonias https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=96870&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 96870 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=96870&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 96870 03/11/2026 The sections of this subchapter shall pertain to applications for financing storage acquisition projects authorized by the Texas Water Code, Chapter 15, Subchapter E. Unless in conflict with the provisions of this subchapter, the provisions of Subchapter A of this chapter (relating to General Provisions) shall apply to storage acquisition projects. Source Note: The provisions of this §363.601 adopted to be effective July 19, 1991, 16 TexReg 3768; amended to be effective October 8, 2002, 27 TexReg 9382. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS F STORAGE ACQUISITION PROGRAM §363.601 Scope of Subchapter https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=96872&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 96872 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=96872&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 96872 03/11/2026 The following word and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Excess capacity--The difference between the foreseeable needs of the area to be served by the useful life of the facility and the existing needs for the area to be served by the facility.(2) Facility--A regional facility for which an application has been submitted requesting financial assistance from the Storage Acquisition Program and that includes sufficient capacity to serve the existing needs of the applicant and excess capacity.(3) Alternate facility--A construction project that would be necessary to serve the excess capacity of the area to be served by the facility in the event that the facility was not initially constructed to meet the excess capacity.(4) Existing needs--Maximum capacity necessary for service to the area receiving service from the facility for current population and including the service necessary to serve the estimated population in the area ten years from the date of the application. Source Note: The provisions of this §363.602 adopted to be effective December 9, 1998, 23 TexReg 12448; amended to be effective December 7, 1999, 24 TexReg 10882; amended to be effective October 8, 2002, 27 TexReg 9382. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS F STORAGE ACQUISITION PROGRAM §363.602 Definitions of Terms https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=96873&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 96873 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=96873&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 96873 03/11/2026 An applicant for the board financial assistance in a project under the Storage Acquisition Program shall submit an application in the form and number prescribed by the executive administrator. The executive administrator may request any additional information needed to evaluate the application, and may return any incomplete application. Source Note: The provisions of this §363.603 adopted to be effective December 9, 1998, 23 TexReg 12448; amended to be effective October 8, 2002, 27 TexReg 9382. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS F STORAGE ACQUISITION PROGRAM §363.603 Application for Assistance https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=96871&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 96871 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=96871&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 96871 03/11/2026 The board may provide funding from the Storage Acquisition Program when the information available to the board is sufficient for the board to determine that:(1) it is reasonable to expect that the state will recover its investment in the facility based upon a determination that the revenue to be generated by the projected number of customers served by the facility will be sufficient to purchase the excess capacity owned by the state;(2) the estimated cost of the facility as set forth in the application exceeds the current financing capabilities of the area to be served by the facility based on a determination that the existing rates of the applicant available for payment of the facility collected from the number of connections at the end of construction and other revenues available for payment of the facility;(3) the optimum regional development cannot be reasonably financed by local interests based on a determination that the estimated cost to construct the alternate facility and the revenue to be generated by the projected number of customers of the facility;(4) the public interest will be served by acquisition of the facility based on a determination that the cost of the facility to the public are reduced by the state's participation in the facility; and(5) the facility to be constructed or reconstructed contemplates the optimum regional development which is reasonably required under all existing circumstances of the site based on a determination that design capacity of the components of the facility are sufficient to meet the foreseeable needs of the area over the useful life of the facility. Source Note: The provisions of this §363.604 adopted to be effective December 9, 1998, 23 TexReg 12448; amended to be effective October 8, 2002, 27 TexReg 9382. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS F STORAGE ACQUISITION PROGRAM §363.604 Determination https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=31155&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 31155 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=31155&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 31155 03/11/2026 The board and the political subdivision shall enter into and execute a master agreement the text of which shall include, but not be limited to, the responsibilities, duties, and liabilities of each party, including the responsibility of a designated political subdivision to assure that proper procedures are observed in advertising for bids and selecting a bidder to construct the project; the board's cost of acquisition; procedures for disbursement of board funds for the project; recognition of a political subdivision's right of first refusal prior to any sale of the board's interest in the project; a non-competitive clause; a schedule for repurchase by the political subdivision; and any other provisions deemed appropriate and necessary by the board. Source Note: The provisions of this §363.605 adopted to be effective December 9, 1998, 23 TexReg 12448. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS F STORAGE ACQUISITION PROGRAM §363.605 Master Agreement https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3670&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3670 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3670&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3670 03/11/2026 On projects to be constructed or enlarged by a political subdivision or subdivisions, one political subdivision may be designated under an agreement with the board to act as manager for the project and perform the functions customarily performed by a manager-owner. Source Note: The provisions of this §363.606 adopted to be effective December 9, 1998, 23 TexReg 12448. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS F STORAGE ACQUISITION PROGRAM §363.606 Construction https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19236&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19236 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19236&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19236 03/11/2026 State funds expended for the acquisition and/or development of facilities in a project shall be disbursed in accordance with the provisions of the master agreement and any other contracts by the board pursuant thereto. Source Note: The provisions of this §363.607 adopted to be effective December 9, 1998, 23 TexReg 12448. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS F STORAGE ACQUISITION PROGRAM §363.607 Disbursement of State Funds https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19237&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19237 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19237&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19237 03/11/2026 A prospective purchaser of the board's ownership interest in a facility or of the use of such board interest other than under terms specified in the master agreement, shall submit an application in the form and number prescribed by the executive administrator. The executive administrator may request any additional information needed to evaluate the application, and may return any incomplete applications. Source Note: The provisions of this §363.608 adopted to be effective December 9, 1998, 23 TexReg 12448. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS F STORAGE ACQUISITION PROGRAM §363.608 Requirements of Application https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19238&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19238 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19238&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19238 03/11/2026 Upon receipt of an application by a prospective purchaser of the board's ownership interest in a facility or use of the facility, the board will send notice of its receipt by regular United States mail to all co-owners of the facility, and any users of the facility or water from the facility. Source Note: The provisions of this §363.609 adopted to be effective December 9, 1998, 23 TexReg 12448. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS F STORAGE ACQUISITION PROGRAM §363.609 Notice to Participating Political Subdivision and Others https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3671&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3671 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3671&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3671 03/11/2026 The application shall be scheduled on the board's agenda, and representatives of the prospective purchaser and other interested parties shall be notified of the time of the meeting. Source Note: The provisions of this §363.610 adopted to be effective December 9, 1998, 23 TexReg 12448. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS F STORAGE ACQUISITION PROGRAM §363.610 Consideration by Board https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19239&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19239 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19239&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19239 03/11/2026 If the board approves the application, a transfer resolution will be adopted which shall prescribe the terms and conditions necessary for the sale, transfer, or lease, if such terms have not been specified in the master agreement between the board and political subdivision. Source Note: The provisions of this §363.611 adopted to be effective December 9, 1998, 23 TexReg 12448. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS F STORAGE ACQUISITION PROGRAM §363.611 Resolution Authorizing Transfer https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19240&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19240 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19240&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19240 03/11/2026 Before the board's adoption of the transfer resolution, the executive administrator shall negotiate a transfer agreement with the prospective purchaser regarding the sale, transfer, or lease of board-owned interests. The transfer agreement shall include the interest transferred, the character of the interest transferred, the formula used to compute the price to be paid for the facilities to be acquired, provisions governing lease or rental of facilities, a hold harmless clause, recognition of the right of first refusal of any of the participating political subdivisions, a clause stating the conditions under which the contract may be terminated, and other provisions appropriate to the subject of the transfer agreement including provisions setting standards for operation and maintenance of the project. The attorney general of Texas shall approve as to legality any contract authorized under this subchapter. Source Note: The provisions of this §363.612 adopted to be effective December 9, 1998, 23 TexReg 12448. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS F STORAGE ACQUISITION PROGRAM §363.612 Negotiation of Contracts https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19233&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19233 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19233&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19233 03/11/2026 This subchapter shall govern applications for financial assistance for emergency situations to small communities under the Water Assistance Fund, established by Texas Water Code, Chapter 15, Subchapter B. The funding program described in this subchapter shall be known as the Small Community Emergency Loan Program. Unless in conflict with the provisions of the Subchapter, the provisions of Subchapter A of this chapter (relating to General Provisions) shall also apply to applications for financial assistance from the Small Community Emergency Loan Program. Source Note: The provisions of this §363.701 adopted to be effective August 8, 1996, 21 TexReg 7265. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS G SMALL COMMUNITY EMERGENCY LOAN PROGRAM §363.701 Scope of Subchapter https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3672&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3672 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3672&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3672 03/11/2026 The board may make loans under this subchapter not to exceed $250,000 per applicant for a maximum of three years. Source Note: The provisions of this §363.702 adopted to be effective August 8, 1996, 21 TexReg 7265. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS G SMALL COMMUNITY EMERGENCY LOAN PROGRAM §363.702 Loans https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19241&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19241 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19241&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19241 03/11/2026 Applications for assistance may be submitted at any time and will be funded on a first-come, first-served basis, based on submission of a completed application. A completed application contains all of the information required in §363.711 of this title (relating to Applications). Source Note: The provisions of this §363.703 adopted to be effective August 8, 1996, 21 TexReg 7265. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS G SMALL COMMUNITY EMERGENCY LOAN PROGRAM §363.703 Criteria and Methods for Distribution of Funds https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=69835&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 69835 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=69835&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 69835 03/11/2026 An applicant must meet all of the following requirements to be eligible for financial assistance under this subchapter:(1) Population. An applicant is a political subdivision with a population of 15,000 or less. For cities, population will be based on latest population estimates and information available to the board. For districts, or water supply corporations, population will be based on an estimate of the population served by the district or water supply corporation calculated from the current number of connections;(2) Permanent financing not available. An applicant lacks sufficient time to obtain permanent financing either under other financing programs of the board or from other sources;(3) Emergency. There is an emergency that meets the criteria of subparagraphs (A)-(D) or (E) of this paragraph.(A) The financing will correct a problem that meets one of the following:(i) The condition has resulted in human fatality within the political subdivision's jurisdiction;(ii) The condition has resulted in illness or injury within the political subdivision's jurisdiction, documented by the applicable state agency; or(iii) The condition poses an imminent threat to public health and safety;(B) The solution to the problem must be beyond the immediate financial means of the political subdivision;(C) The condition must not be anticipated and must be beyond the control of the political subdivision. If the political subdivision was previously informed by a regulatory agency that this problem existed or was likely to occur, the political subdivision must show that, despite reasonable efforts, it has been unable to resolve the problem; and(D) The condition must not be a temporary problem caused by one-time or occasional circumstances that pose no permanent threat to public health if not addressed immediately; or(E) A condition of drought must exist that poses a threat to public health and safety if not addressed immediately.(4) Timing. The emergency must have been first discovered by the political subdivision no more than six months prior to the date the application is received by the board, unless the emergency is a condition of drought. Source Note: The provisions of this §363.704 adopted to be effective August 8, 1996, 21 TexReg 7265; amended to be effective February 16, 1999, 24 TexReg 766; amended to be effective December 7, 1999, 24 TexReg 10882. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS G SMALL COMMUNITY EMERGENCY LOAN PROGRAM §363.704 Eligibility Requirements https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3673&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3673 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3673&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3673 03/11/2026 (a) A political subdivision seeking emergency assistance shall submit an application for financial assistance in writing and will accompany the written application either with a telephone briefing or, if feasible, a meeting with board staff.(b) The following information is required on all applications to the board for financial assistance.(1) General, Fiscal and Legal Information:(A) the name and address of the political subdivision;(B) a citation of the law under which the political subdivision operates and was created;(C) the total cost of the project;(D) the amount of financial assistance being requested;(E) a description of the project;(F) the name, address and telephone numbers of the official representative, engineer and any other consultant(s);(G) the source of repayment and the status of legal authority to pledge selected revenues;(H) the financing plan for repaying the total cost of the project;(I) the political subdivision's default history;(J) the most recent annual financial statements and latest monthly and year-to-date financial reports for the General Fund and Utility Fund of the political subdivision;(K) a certified copy of a resolution of the political subdivision's governing body requesting financial assistance from the board, authorizing the submission of the application, and designating the authorized representative for executing the application, and for appearing before the board;(L) an affidavit executed by the authorized representative stating that the facts contained in the application are true and correct to his best knowledge and belief;(M) a certification by the authorized representative of the political subdivision in a form acceptable to the board which warrants compliance by the political subdivision with all representations in the application, all laws of the State of Texas, and all rules and published policies of the board;(N) any special request for repayment structure that reflects the particular needs of the political subdivision; and(O) evidence that sufficient time is not available to obtain permanent financing.(2) Engineering Information. An engineering report signed and sealed by a professional engineer registered in the State of Texas that provides:(A) an explanation of the situation that constitutes an emergency for the political subdivision and a statement as to when the political subdivision first identified the emergency;(B) a description of the planned resolution of the emergency condition;(C) current estimated cost of the proposed project with costs allocated to each project element;(D) sufficient information to evaluate the engineering feasibility of the proposed project;(E) maps and drawings as necessary to locate and describe the project area; and(F) any additional information or data necessary to evaluate the project.(3) Preliminary Environmental Information. The following information to enable the executive administrator to determine the level of review for the proposed project:(A) a written description of the proposed project;(B) a map of sufficient detail to accurately depict the location of each project element; and(C) preliminary data on any known environmental, social and permitting issues which may affect the alternatives considered for implementation of the project or which may impact the existing environment in a manner that is the subject of any environmental regulation.(4) Additional Application Information. Any additional information requested by the executive administrator as necessary to complete the financial, legal, engineering, and environmental reviews. Source Note: The provisions of this §363.711 adopted to be effective August 8, 1996, 21 TexReg 7265. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS G SMALL COMMUNITY EMERGENCY LOAN PROGRAM §363.711 Applications https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=69836&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 69836 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=69836&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 69836 03/11/2026 Board staff will use preliminary environmental data provided by the applicant, as specified in §363.711(b)(3) of this title (relating to Applications), and make a written report to the executive administrator on known or potentially significant social or environmental concerns. The executive administrator may recommend approval of the project to the board if, based on preliminary information, there appear to be no significant environmental, permitting, or social issues associated with the project. The loan agreement will provide for the terms and conditions for completion of the environmental review process which will be consistent with §363.16 of this title (relating to Pre-design Funding Option) and with identified mitigation measures with the intent to ensure environmentally responsible and legally compliant project design and implementation. Source Note: The provisions of this §363.712 adopted to be effective August 8, 1996, 21 TexReg 7265; amended to be effective February 16, 1999, 24 TexReg 766; amended to be effective December 7, 1999, 24 TexReg 10882. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS G SMALL COMMUNITY EMERGENCY LOAN PROGRAM §363.712 Environmental Review before Board Approval https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=62171&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 62171 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=62171&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 62171 03/11/2026 The application will be scheduled on the agenda for board consideration at the earliest practical date and, if warranted, the board may hold an emergency board meeting. Source Note: The provisions of this §363.713 adopted to be effective August 8, 1996, 21 TexReg 7265; amended to be effective February 16, 1999, 24 TexReg 766. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS G SMALL COMMUNITY EMERGENCY LOAN PROGRAM §363.713 Board Consideration of Application https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19244&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19244 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19244&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19244 03/11/2026 The board, by resolution, may approve an application for an emergency loan if the board finds:(1) that an emergency exists;(2) that the political subdivision cannot finance the project without state assistance;(3) that in its opinion the revenue or taxes pledged by the political subdivision will be sufficient to meet all the obligations assumed by the political subdivision; and(4) that the public interest requires state participation in the project. Source Note: The provisions of this §363.714 adopted to be effective August 8, 1996, 21 TexReg 7265. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS G SMALL COMMUNITY EMERGENCY LOAN PROGRAM §363.714 Findings Required https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=62172&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 62172 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=62172&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 62172 03/11/2026 (a) The board may provide financial assistance to political subdivisions by either purchasing bonds issued by the political subdivision or by purchasing a note and entering into a loan agreement with the political subdivision. If a political subdivision utilizes the note and loan agreement, the term of the loan shall not be more than one year.(b) If a political subdivision executes a note and loan agreement with the board, the political subdivision is not required to engage the services of a bond counsel or a financial advisor. Source Note: The provisions of this §363.715 adopted to be effective February 16, 1999, 24 TexReg 766. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS G SMALL COMMUNITY EMERGENCY LOAN PROGRAM §363.715 Notes and Loan Agreements https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=69841&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 69841 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=69841&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 69841 03/11/2026 (a) Loan documents. Loan documents shall be executed at the time of closing and shall include the following:(1) the term of the loan and a schedule for repayment of principal and interest;(2) the interest rates for the loan, which will be set as the standard rate under §363.33(a)(3) of this title (relating to Interest Rates for Loans and Purchase of Board's Interest in State Participation Projects);(3) that an annual audit of the political subdivision, prepared in accordance with generally accepted auditing standards by a certified public accountant or licensed public accountant, be provided annually to the executive administrator for the term of the loan;(4) that a final accounting be made to the executive administrator of the total sources and authorized use of project funds if so requested by the executive administrator;(5) that the political subdivision shall fix and maintain rates and collect taxes and/or charges to provide:(A) adequate operation, maintenance and insurance coverage on the project in an amount sufficient to protect the board's interest; and(B) adequate revenue to pay principal and interest on the loan as it comes due, or if the loan being requested is in anticipation of permanent financing, a political subdivision must provide sufficient evidence that demonstrates both its authority to issue the permanent debt which will be used to refinance the emergency loan and the ability to meet interest payments on the emergency financing as well as sufficiently providing for principal and interest payments under the permanent financing;(6) if the political subdivision intends to obtain permanent financing to pay the principal and any unpaid accrued interest on the emergency loan, the political subdivision covenants that:(A) it shall undertake all actions to obtain such permanent financing at the earliest possible date; and(B) the emergency loan will be prepaid on or prior to the scheduled final maturity date with the proceeds of the permanent financing debt issuance;(7) that the political subdivision covenants to abide by the board's rules and relevant statutes, including the Texas Water Code, Chapter 15;(8) that the political subdivision covenants to comply with all applicable state and federal environmental requirements prior to the initiation of construction and any mitigation which might be required after construction;(9) that the political subdivision will apply any unused funds to the repayment of loan principal in inverse order of maturity;(10) that the political subdivision shall maintain current, accurate and complete records and accounts necessary to demonstrate compliance with financial assistance related legal and contractual provisions;(11) that the political subdivision issuing bonds, or an obligated person for whom financial or operating data is presented, will undertake, either individually or in combination with other issuers of the political subdivision's obligations or obligated persons, in a written agreement or contract to comply with requirements for continuing disclosure on an ongoing basis substantially in the manner required by Securities and Exchange Commission (SEC) rule 15c2-12 and determined as if the board were a Participating Underwriter within the meaning of such rule, such continuing disclosure undertaking being for the benefit of the board and the beneficial owner of the political subdivision's obligations, if the board sells or otherwise transfers such obligations, and the beneficial owners of the board's bonds if the political subdivision is an obligated person with respect to such bonds under rule 15c2-12; and(12) any additional conditions that may be imposed by the board or requested by the executive administrator.(b) Closing requirements. A political subdivision entering into a note and loan agreement shall be required to execute the note and loan agreement as a condition of closing. A political subdivision issuing bonds shall be required to comply with the following closing requirements:(1) all loans shall be closed in book-entry-only form;(2) the political subdivision shall use a paying agent/registrar that is a Depository Trust Company (DTC) participant;(3) the political subdivision shall be responsible for paying all DTC closing fees assessed to the political subdivision by the Board's custodian bank directly to the Board's custodian bank;(4) the political subdivision shall provide evidence to the Board that one fully registered bond has been sent to the DTC or to the political subdivision's paying agent/registrar prior to closing. Source Note: The provisions of this §363.721 adopted to be effective August 8, 1996, 21 TexReg 7265; amended to be effective December 12, 1996, 21 TexReg 11795; amended to be effective February 16, 1999, 24 TexReg 766; amended to be effective December 7, 1999, 24 TexReg 10882. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS G SMALL COMMUNITY EMERGENCY LOAN PROGRAM §363.721 Loan Closing https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19242&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19242 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19242&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19242 03/11/2026 Funds for approved applications shall be released only after the applicant has completed all of the requirements of §363.721 of this title (relating to Loan Closing), including execution of the loan documents. Source Note: The provisions of this §363.722 adopted to be effective August 8, 1996, 21 TexReg 7265. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS G SMALL COMMUNITY EMERGENCY LOAN PROGRAM §363.722 Release of Funds https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19245&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19245 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19245&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19245 03/11/2026 (a) Prior to initiation of construction, the project must have a favorable executive administrator's recommendation which is based upon a formal environmental review during planning, as provided under §363.14 of this title (relating to Environmental Assessment).(b) The executive administrator will advise the board concerning projects that involve major economic or administrative impacts to the applicant resulting from environmentally-related special mitigative or precautionary measures from an environmental assessment under §363.14 of this title (relating to Environmental Assessment) for board decision of whether the loan recipient shall be allowed to use board funds to initiate construction. The board may require a loan recipient to return funds that have been released which the board determines should not be expended based on the environmental review. Source Note: The provisions of this §363.723 adopted to be effective August 8, 1996, 21 TexReg 7265. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS G SMALL COMMUNITY EMERGENCY LOAN PROGRAM §363.723 Environmental Review Prior to Initiation of Construction https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=121559&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 121559 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=121559&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 121559 03/11/2026 (a) A political subdivision shall obtain executive administrator approval of contract documents, including engineering plans and specifications, prior to receiving bids and awarding the contract. The contract documents shall be consistent with the engineering information submitted with the application and must contain the following:(1) provisions assuring compliance with the board's rules and all relevant statutes;(2) provisions providing for the political subdivision to retain a minimum of 5.0% of the progress payments otherwise due to the contractor until the building of the project is substantially complete and a reduction in retainage is authorized by the executive administrator;(3) a contractor's act of assurance form to be executed by the contractor which shall warrant compliance by the contractor with all laws of the State of Texas and all rules and published policies of the board; and(4) any additional conditions that may be requested by the executive administrator.(b) After receiving bids, the political subdivision will submit for the executive administrator's approval the following documents:(1) a tabulation of all bids received and an explanation for any rejected bids or otherwise disqualified bidders;(2) one executed original copy of each construction contract;(3) evidence that the necessary acquisitions of land, leases, easements and rights-of-way have been completed or that the political subdivision has the legal authority to complete the acquisitions; and(4) other such instruments or documents as the board or executive administrator may require. Source Note: The provisions of this §363.724 adopted to be effective August 8, 1996, 21 TexReg 7265. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS G SMALL COMMUNITY EMERGENCY LOAN PROGRAM §363.724 Engineering Design Approvals https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169992&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 169992 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169992&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 169992 03/11/2026 After the construction contract is awarded, the political subdivision shall provide for adequate inspection of the project by a registered professional engineer and require the engineer's assurance that the work is being performed in a satisfactory manner in accordance with the approved plans and specifications, other engineering design or permit documents, approved alterations, and provisions for environmental mitigative measures. The executive administrator is authorized to inspect the construction and materials of any project at any time, but such inspection shall never subject the State of Texas to any action for damages. The political subdivision shall take corrective action as necessary to complete the project in accordance with approved plans and specifications. Source Note: The provisions of this §363.731 adopted to be effective August 8, 1996, 21 TexReg 7265; amended to be effective February 16, 1999, 24 TexReg 766; amended to be effective November 26, 2014, 39 TexReg 9209. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS G SMALL COMMUNITY EMERGENCY LOAN PROGRAM §363.731 Inspection During Construction https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3675&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3675 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3675&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3675 03/11/2026 Any substantial alteration which involves a change in the basic purpose of a project, or which involves an increase in the loan commitment from the board for the project, must be approved and authorized by the board. All other changes must be approved by the executive administrator. Source Note: The provisions of this §363.732 adopted to be effective August 8, 1996, 21 TexReg 7265. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS G SMALL COMMUNITY EMERGENCY LOAN PROGRAM §363.732 Alterations During Construction https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19234&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19234 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19234&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19234 03/11/2026 The executive administrator is authorized to conduct engineering and financial audits of every project which is financed in whole or in part by board financial assistance. Audits may be conducted on site if necessary and board staff shall be provided access to all project records necessary to complete such audit. The political subdivision shall take actions to correct any items found to be in noncompliance with agreements relating to board financial assistance. Source Note: The provisions of this §363.733 adopted to be effective August 8, 1996, 21 TexReg 7265. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS G SMALL COMMUNITY EMERGENCY LOAN PROGRAM §363.733 Audits https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3676&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3676 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3676&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3676 03/11/2026 Upon notice from the political subdivision and project engineer that the project was completed in accordance with approved plans and specifications, the executive administrator shall issue a certificate of completion. This certificate shall be called a certificate of approval. Source Note: The provisions of this §363.734 adopted to be effective August 8, 1996, 21 TexReg 7265. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS G SMALL COMMUNITY EMERGENCY LOAN PROGRAM §363.734 Certificate of Approval https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19247&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19247 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19247&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19247 03/11/2026 After issuance of a certificate of approval, the final release of retainage may be made upon receipt of written authorization from the development fund manager. Source Note: The provisions of this §363.735 adopted to be effective August 8, 1996, 21 TexReg 7265. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS G SMALL COMMUNITY EMERGENCY LOAN PROGRAM §363.735 Release of Retainage https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=106241&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 106241 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=106241&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 106241 03/11/2026 This subchapter shall govern applications for financial assistance to groundwater districts or authorities under the Water Assistance Fund, established by Texas Water Code, Chapter 15, Subchapter B and Chapter 36, Subchapter L. The funding program described in this subchapter shall be known as the Groundwater District Loan Program. Unless in conflict with the provisions of this subchapter, the provisions of Subchapter A of this title (relating to General Provisions) shall also apply to applications for financial assistance for the Groundwater District Loan Program. Source Note: The provisions of this §363.801 adopted to be effective April 28, 1999, 24 TexReg 3207; amended to be effective December 9, 2003, 28 TexReg 10951. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS H GROUNDWATER DISTRICT LOAN PROGRAM §363.801 Scope of Subchapter https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=63489&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 63489 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=63489&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 63489 03/11/2026 The board may make loans under this subchapter for a period not to exceed three years. Source Note: The provisions of this §363.802 adopted to be effective April 28, 1999, 24 TexReg 3207. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS H GROUNDWATER DISTRICT LOAN PROGRAM §363.802 Loans https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=63490&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 63490 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=63490&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 63490 03/11/2026 Applications for assistance may be submitted at any time and will be funded on a first-come, first-served basis, based on submission of a completed application. A completed application is one that contains all of the information required in §363.806 of this title (relating to Applications.) Source Note: The provisions of this §363.803 adopted to be effective April 28, 1999, 24 TexReg 3207. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS H GROUNDWATER DISTRICT LOAN PROGRAM §363.803 Criteria and Methods for Distribution of Funds https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=63491&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 63491 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=63491&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 63491 03/11/2026 An eligible applicant is any district or authority created under the Texas Constitution, Section 52, Art. III, or Section 59, Article XVI, that has the authority to regulate the spacing of water wells, the production from water wells, or both. The term "district" as used in this subchapter shall apply to both districts and authorities which meet the eligibility requirements of this section. Source Note: The provisions of this §363.804 adopted to be effective April 28, 1999, 24 TexReg 3207. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS H GROUNDWATER DISTRICT LOAN PROGRAM §363.804 Eligible Applicant https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=63492&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 63492 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=63492&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 63492 03/11/2026 Loan funds may be used to fund or reimburse an applicant's initial expenses, including start-up and operating costs. Eligible costs of the applicant may include:(1) creation expenses, including election costs;(2) salaries and payroll taxes;(3) utilities;(4) travel;(5) insurance;(6) building and office leases;(7) office supplies and furniture;(8) telephone and computer equipment; and(9) legal and professional fees. Source Note: The provisions of this §363.805 adopted to be effective April 28, 1999, 24 TexReg 3207. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS H GROUNDWATER DISTRICT LOAN PROGRAM §363.805 Use of Funds https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=63493&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 63493 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=63493&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 63493 03/11/2026 (a) An applicant shall submit an application for financial assistance in writing and will accompany the written application either with a telephone briefing or, if feasible, a meeting with board staff.(b) The following information is required on all applications to the board for financial assistance.(1) General, Fiscal and Legal Information. The application shall include:(A) the name and address of the applicant;(B) a citation of the law under which the applicant operates and was created;(C) the amount of financial assistance being requested;(D) the name, address and telephone numbers of the applicant's board members;(E) the legal authority to pledge selected revenues;(F) the financing plan for repaying the total cost of the loan;(G) except for newly created districts, the most recent annual financial statements and latest monthly and year-to-date financial reports of the applicant;(H) a certified copy of a resolution of the applicant's governing body requesting financial assistance from the board, authorizing the submission of the application, and designating the authorized representative for executing the application and for appearing before the board;(I) an affidavit executed by the authorized representative stating that the facts contained in the application are true and correct to his/her best knowledge and belief; that the applicant will comply with all representations in the application and with all laws of the State of Texas and all rules and published policies of the board; that there is no litigation or other proceeding pending or threatened against the applicant wherein an adverse decision would materially adversely affect the financial condition of the applicant or its ability to issue debt; and that the application for financial assistance was considered and approved by the governing body in an open meeting;(J) a description of the initial operations; and(K) the total start-up cost of the initial operations.(2) Additional Application Information. Any additional information requested by the executive administrator as necessary to complete the financial and legal reviews. Source Note: The provisions of this §363.806 adopted to be effective April 28, 1999, 24 TexReg 3207. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS H GROUNDWATER DISTRICT LOAN PROGRAM §363.806 Applications https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=63494&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 63494 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=63494&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 63494 03/11/2026 The board, by resolution, may approve the application if it finds that:(1) granting financial assistance to the applicant will serve the public interest; and(2) the revenue pledged by the applicant from district taxes and fees and other sources will be sufficient to meet all the obligations assumed by the applicant. Source Note: The provisions of this §363.807 adopted to be effective April 28, 1999, 24 TexReg 3207. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS H GROUNDWATER DISTRICT LOAN PROGRAM §363.807 Findings Required https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=63495&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 63495 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=63495&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 63495 03/11/2026 (a) The board may provide financial assistance to applicants by purchasing a note and entering into a loan agreement with the applicant.(b) The applicant is not required to engage the services of a bond counsel or a financial advisor. Source Note: The provisions of this §363.808 adopted to be effective April 28, 1999, 24 TexReg 3207. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS H GROUNDWATER DISTRICT LOAN PROGRAM §363.808 Notes and Loan Agreements https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=69840&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 69840 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=69840&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 69840 03/11/2026 (a) Loan documents. Loan documents shall be executed at the time of closing and shall include the following:(1) the term of the loan and a schedule for repayment of principal and interest;(2) the interest rates for the loan, which will be set as the standard rate under §363.33(a)(3) of this title (relating to Interest Rates for Loans and Purchase of Board's Interest in State Participation Projects);(3) that an annual audit of the applicant, prepared in accordance with generally accepted auditing standards by a certified public accountant or licensed public accountant, be provided annually to the executive administrator for the term of the loan;(4) that a final accounting be made to the executive administrator of the total sources and authorized use of loan funds if so requested by the executive administrator;(5) that the applicant shall levy and collect taxes and/or charges to provide adequate revenue to pay principal and interest on the loan as it comes due.(6) that the applicant will apply any unused funds to the repayment of loan principal in inverse order of maturity;(7) that the applicant shall maintain current, accurate and complete records and accounts necessary to demonstrate compliance with financial assistance related legal and contractual provisions;(8) any additional conditions that may be imposed by the board or requested by the executive administrator.(b) Closing requirements. The applicant shall be required to execute the note and loan agreement as a condition of closing. Source Note: The provisions of this §363.809 adopted to be effective April 28, 1999, 24 TexReg 3207; amended to be effective December 7, 1999, 24 TexReg 10882. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS H GROUNDWATER DISTRICT LOAN PROGRAM §363.809 Loan Closing https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=63497&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 63497 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=63497&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 63497 03/11/2026 Funds for approved applications shall be released only after the applicant has completed all of the requirements of §363.809 of this title (relating to Loan Closing), including execution of the loan documents. Source Note: The provisions of this §363.810 adopted to be effective April 28, 1999, 24 TexReg 3207. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS H GROUNDWATER DISTRICT LOAN PROGRAM §363.810 Release of Funds https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=63498&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 63498 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=63498&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 63498 03/11/2026 The executive administrator is authorized to conduct financial audits of every loan which is financed in whole or in part by board financial assistance, including the financing of start-up and operating costs of a district. Audits may be conducted on site if necessary, and board staff shall be provided access to all district records necessary to complete such audit. The district shall take actions to correct any items found to be in noncompliance with agreements relating to board financial assistance. Source Note: The provisions of this §363.811 adopted to be effective April 28, 1999, 24 TexReg 3207. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS H GROUNDWATER DISTRICT LOAN PROGRAM §363.811 Audits https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=90067&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 90067 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=90067&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 90067 03/11/2026 This subchapter shall govern applications for loans of financial assistance to rural communities for the construction of water and wastewater facilities under the rural community water and wastewater loan fund established by Texas Water Code, Chapter 15, Subchapter O. The funding program described in this subchapter shall be known as the Pilot Program for Water and Wastewater Loans to Rural Communities. Unless in conflict with the provisions of this subchapter, the provisions of Subchapter A of this chapter shall also apply to applications for financial assistance from the Pilot Program for Water and Wastewater Loans to Rural Communities. Source Note: The provisions of this §363.901 adopted to be effective November 7, 2001, 26 TexReg 8848. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS I PILOT PROGRAM FOR WATER AND WASTEWATER LOANS TO RURAL COMMUNITIES §363.901 Scope of Subchapter https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=90068&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 90068 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=90068&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 90068 03/11/2026 The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Fund--The rural community water and wastewater loan fund.(2) Rural community--A municipality or county with a population of less than 5,000 or a district or authority created under the Texas Constitution, §52, Article III or §59, Article XVI, with a population of less than 5,000 that is located outside the boundaries or extraterritorial jurisdiction of a municipality. Source Note: The provisions of this §363.902 adopted to be effective November 7, 2001, 26 TexReg 8848. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS I PILOT PROGRAM FOR WATER AND WASTEWATER LOANS TO RURAL COMMUNITIES §363.902 Definitions of Terms https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=90062&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 90062 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=90062&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 90062 03/11/2026 The fund may be used to provide loans to rural communities for the construction, acquisition, or improvement of water and wastewater projects. Source Note: The provisions of this §363.903 adopted to be effective November 7, 2001, 26 TexReg 8848. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS I PILOT PROGRAM FOR WATER AND WASTEWATER LOANS TO RURAL COMMUNITIES §363.903 Use of the Fund https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160478&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 160478 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160478&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 160478 03/11/2026 The terms of a loan may not exceed 20 years. No loan origination fee will be charged for loans provided under this subchapter. Source Note: The provisions of this §363.904 adopted to be effective November 7, 2001, 26 TexReg 8848; amended to be effective December 9, 2003, 28 TexReg 10951. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS I PILOT PROGRAM FOR WATER AND WASTEWATER LOANS TO RURAL COMMUNITIES §363.904 Financial Assistance https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=90069&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 90069 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=90069&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 90069 03/11/2026 The board may make financial assistance available to a rural community by entering into a loan agreement and promissory note. The loan agreement will provide for the payment of principal and interest on the debt and other terms and conditions of the loan. The rural community must execute a promissory note, payable to the board, to evidence the obligation to repay the loan. Source Note: The provisions of this §363.905 adopted to be effective November 7, 2001, 26 TexReg 8848. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS I PILOT PROGRAM FOR WATER AND WASTEWATER LOANS TO RURAL COMMUNITIES §363.905 Loan Agreement and Promissory Note https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=90070&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 90070 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=90070&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 90070 03/11/2026 A rural community that is a municipality or county may pledge a percentage of the sales and use tax revenue that is received to the payment of debt incurred under a loan agreement entered into with the board, subject to authorization by a majority of the voters at an election called and held for that purpose. Source Note: The provisions of this §363.906 adopted to be effective November 7, 2001, 26 TexReg 8848. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS I PILOT PROGRAM FOR WATER AND WASTEWATER LOANS TO RURAL COMMUNITIES §363.906 Sales and Use Tax as Loan Security https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=90071&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 90071 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=90071&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 90071 03/11/2026 A rural community seeking loan assistance shall submit a written application for financial assistance which includes:(1) the citation of the law under which the rural community operates and was created;(2) a description of the water or wastewater project for which the financial assistance will be used;(3) the total cost of the project;(4) the name of the rural community and its principal officers;(5) the amount of state financial assistance requested;(6) the plan for repaying the total cost of the project;(7) whether the rural community has adopted a program of water conservation;(8) any other information the executive administrator requires to evaluate the application; and(9) an affidavit stating that:(A) the facts and information contained in the application are true and correct;(B) the applicant will comply with all representations in the application and with all laws of the state and all rules and policies of the board;(C) there is no litigation or other proceeding pending or threatened where an adverse decision would materially adversely affect the financial condition of the applicant or its ability to issue debt; and(D) the application for financial assistance was approved by the governing body in an open meeting. Source Note: The provisions of this §363.921 adopted to be effective November 7, 2001, 26 TexReg 8848. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS I PILOT PROGRAM FOR WATER AND WASTEWATER LOANS TO RURAL COMMUNITIES §363.921 Applications https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=90072&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 90072 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=90072&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 90072 03/11/2026 Board staff will use preliminary environmental data provided by the rural community, as specified in §363.14 of this title (relating to Environmental Assessment) and make a written report to the executive administrator on known or potentially significant social or environmental concerns. The executive administrator may recommend approval of the project to the board if, based on preliminary information, there appear to be no significant environmental, permitting, or social issues associated with the project. Where a loan agreement is utilized, the loan agreement will provide the terms and conditions for completion of the environmental review process, which will be consistent with §363.14 of this title and with identified mitigation measures with the intent to ensure environmentally responsible and legally compliant project design and implementation. Source Note: The provisions of this §363.922 adopted to be effective November 7, 2001, 26 TexReg 8848. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS I PILOT PROGRAM FOR WATER AND WASTEWATER LOANS TO RURAL COMMUNITIES §363.922 Environmental Review before Board Approval https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=90073&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 90073 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=90073&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 90073 03/11/2026 The board by resolution may approve an application for a loan if the board finds that:(1) the public interest requires state participation in the project;(2) the revenue or taxes pledged will be sufficient to meet all the obligations assumed by the rural community during the loan period; and(3) the project meets needs in a manner consistent with the State Water Plan. Source Note: The provisions of this §363.923 adopted to be effective November 7, 2001, 26 TexReg 8848. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS I PILOT PROGRAM FOR WATER AND WASTEWATER LOANS TO RURAL COMMUNITIES §363.923 Approval of Application https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=157718&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 157718 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=157718&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 157718 03/11/2026 (a) Instruments needed for closing. The documents which shall be required at the time of closing shall include the following:(1) if not closing under the pre-design funding option, evidence that requirements and regulations of all identified local, state and federal agencies having jurisdiction have been met, including but not limited to permits and authorizations;(2) a certified copy of the bond ordinance, order or resolution adopted by the governing body authorizing the issuance of debt to be sold to the board, or an executed promissory note and loan agreement, that is acceptable to the executive administrator and which shall have sections providing as follows:(A) if loan proceeds are to be deposited into an escrow account at the closing on all or a portion of the loan, then an escrow account shall be created that shall be separate from all other accounts and funds, as follows:(i) the account shall be maintained by an escrow agent as defined in §363.2 of this title (relating to Definitions of Terms);(ii) funds shall not be released from the escrow account without written approval by the executive administrator;(iii) upon request of the executive administrator, the escrow account statements shall be provided to the executive administrator;(iv) the investment of any loan or grant proceeds deposited into an approved escrow account shall be handled in a manner that complies with the Public Funds Investment Act, Texas Government Code, Chapter 2256; and(v) the escrow account shall be adequately collateralized in a manner sufficient to protect the board's interest in the project and that complies with the Public Funds Collateral Act, Texas Government Code, Chapter 2257;(B) that a construction account shall be created which shall be separate from all other accounts and funds of the applicant;(C) that a final accounting be made to the board of the total sources and authorized use of project funds within 60 days of the completion of the project and that any surplus loan funds be used in a manner as approved by the executive administrator;(D) that an annual audit of the rural community, prepared in accordance with generally accepted auditing standards by a certified public accountant or licensed public accountant be provided annually to the executive administrator;(E) that the rural community shall fix and maintain rates and collect charges to provide adequate operation, maintenance and insurance coverage on the project in an amount sufficient to protect the board's interest;(F) that the rural community shall maintain current, accurate and complete records and accounts in accordance with generally accepted accounting principles necessary to demonstrate compliance with financial assistance related legal and contractual provisions;(G) that the rural community covenants to abide by the board's rules and relevant statutes, including the Texas Water Code, Chapters 15, 16, and 17;(H) that the rural community, or an obligated person for whom financial or operating data is presented, will undertake, either individually or in combination with other issuers of the rural community's obligations or obligated persons, in a written agreement or contract to comply with requirements for continuing disclosure on an ongoing basis substantially in the manner required by Securities and Exchange Commission (SEC) rule 15c2-12 and determined as if the board were a Participating Underwriter within the meaning of such rule, such continuing disclosure undertaking being for the benefit of the board and the beneficial owner of the rural community's obligations, if the board sells or otherwise transfers such obligations, and the beneficial owners of the board's bonds if the rural community is an obligated person with respect to such bonds under rule 15c2-12;(I) that all payments shall be made to the board via wire transfer at no cost to the board;(J) that the partial redemption of bonds or other authorized securities be made in inverse order of maturity;(K) that insurance coverage be obtained and maintained in an amount sufficient to protect the board's interest in the project;(L) that the rural community shall establish a dedicated source of revenue for repayment; and(M) any other recitals mandated by the executive administrator;(3) unqualified approving opinions of the attorney general of Texas and if bonds are issued, a certification from the comptroller of public accounts that such debt has been registered in that office;(4) if bonds are issued, an unqualified approving opinion by a recognized bond attorney acceptable to the executive administrator, or if a promissory note and loan agreement is used, an opinion from the rural community's attorney which is acceptable to the executive administrator;(5) executed escrow agreement entered into by the entity and an escrow agent satisfactory to the executive administrator, in the event that funds are escrowed, or a certificate of trust as defined in §363.2 of this title, if applicable;(6) other or additional data and information, if deemed necessary by the executive administrator.(b) Loan agreement and promissory note. The loan agreement and promissory note shall be executed at the time of closing. The loan agreement shall provide for the following:(1) the term of the loan and a schedule for repayment of principal and interest;(2) that an annual audit of the rural community, prepared in accordance with generally accepted auditing standards by a certified public accountant or licensed public accountant, be provided annually to the executive administrator for the term of the loan;(3) that a final accounting be made to the executive administrator of the total sources and authorized use of project funds within 60 days of the completion of the project and that any surplus loan funds be used in a manner as approved by the executive administrator;(4) that the rural community shall fix and maintain rates and collect taxes and/or charges to provide:(A) adequate operation, maintenance and insurance coverage on the project in an amount sufficient to protect the board's interest; and(B) adequate revenue to pay principal and interest on the loan as it comes due;(5) that the rural community covenants to abide by the board's rules and relevant statutes, including the Texas Water Code, Chapter 15;(6) that the rural community covenants to comply with all applicable state and federal environmental requirements prior to the initiation of construction and any mitigation which might be required after construction;(7) that the rural community will apply any unused funds to the repayment of loan principal; in inverse order of maturity or in a manner as approved by the executive administrator;(8) that the rural community shall maintain current, accurate and complete records and accounts in accordance with generally accepted accounting principles necessary to demonstrate compliance with financial assistance related legal and contractual provisions; and(9) any additional conditions that may be imposed by the board or requested by the executive administrator.(c) Bonds. If bonds are issued, the documents which shall be submitted by the time of closing shall comply with the requirements of §363.42 of this title (relating to Loan Closing). Source Note: The provisions of this §363.931 adopted to be effective November 7, 2001, 26 TexReg 8848; amended to be effective May 6, 2003, 28 TexReg 3732; amended to be effective July 30, 2012, 37 TexReg 5597. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS I PILOT PROGRAM FOR WATER AND WASTEWATER LOANS TO RURAL COMMUNITIES §363.931 Requirements for Loan Closing https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=157719&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 157719 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=157719&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 157719 03/11/2026 (a) Release of funds for planning, design and permits. Prior to the release of funds for planning, design, and permits, the rural community shall submit for approval to the executive administrator the following documents:(1) a statement as to sufficiency of funds to complete the activity;(2) certified copies of each contract under which revenues for repayment of the rural community's debt will accrue;(3) executed consultant contracts relating to services provided for planning, design, and/or permits;(4) unless funds are released under the pre-design funding option, evidence that the requirements and regulations of all identified local, state, and federal agencies having jurisdiction have been met, including but not limited to permits and authorizations; and(5) other such instruments or documents as the board or executive administrator may require.(b) Pre-design funding. The funds needed for the total estimated cost of the engineering planning, and design cost if the engineering feasibility report required under §363.13 of this title (relating to Preliminary Engineering Feasibility Data) has been approved, the costs associated with the loan, and any associated capitalized interest will be released to the loan recipient and the remaining funds will be escrowed to the escrow agent until all applicable requirements in subsections (a) and (c) of this section have been met.(c) Release of funds for building purposes. Prior to the release of funds for building purposes, the rural community shall submit for approval to the executive administrator the following documents:(1) a tabulation of all bids received and an explanation for any rejected bids or otherwise disqualified bidders;(2) one executed original copy of each construction contract the effectiveness and validity of which is contingent upon the receipt of board funds;(3) evidence that the necessary acquisitions of land, leases, easements and rights-of-way have been completed or that the applicant has the legal authority necessary to complete the acquisitions;(4) a statement as to sufficiency of funds to complete the project;(5) certified copies of each contract under which revenues to the project will accrue;(6) evidence that all requirements and regulations of all identified local, state, and federal agencies having jurisdiction have been met, including permits and authorizations; and(7) other such instruments or documents as the board or executive administrator may require.(d) Escrow of funds. At the time of loan closing, the executive administrator may require the escrow of project funds related to building purposes when the rural community has not met the requirements of subsection (c) of this section. Source Note: The provisions of this §363.932 adopted to be effective November 7, 2001, 26 TexReg 8848; amended to be effective July 30, 2012, 37 TexReg 5597. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS I PILOT PROGRAM FOR WATER AND WASTEWATER LOANS TO RURAL COMMUNITIES §363.932 Release of Funds https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=90076&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 90076 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=90076&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 90076 03/11/2026 (a) Use of the pre-design funding option. The executive administrator may recommend to the board the use of this section if, based on available information, there appear to be no significant permitting, social, environmental, engineering, or financial issues associated with the project. An application for pre-design funding may be considered by the board despite a negative recommendation from the executive administrator.(b) Applications. Applications for pre-design funding must include the following information:(1) for loans which include building costs and which require engineering services, a preliminary engineering feasibility report which will include at minimum: a description and purpose of the project; area maps or drawings as necessary to fully locate the project area(s); a proposed project schedule; estimated project costs and budget including sources of funds; current and future populations and projected flows; alternatives considered; and a discussion of known permitting, social or environmental issues which may affect the alternatives considered and the implementation of the proposed project;(2) contracts for engineering services; and(3) any additional information the executive administrator may request to complete evaluation of the application.(c) Environmental concerns. Board staff will use preliminary environmental data provided by the applicant and make a written report to the executive administrator on known or potential significant social or environmental concerns. Subsequently, these projects must have a favorable executive administrator's recommendation which is based upon a full environmental review during planning, as provided under §363.14 of this title (relating to Environmental Assessment).(d) Special mitigative or precautionary measures. The executive administrator will advise the board concerning projects that involve major economic or administrative impacts to the rural community resulting from environmentally related special mitigative or precautionary measures from an environmental assessment under §363.14 of this title. Source Note: The provisions of this §363.933 adopted to be effective November 7, 2001, 26 TexReg 8848. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS I PILOT PROGRAM FOR WATER AND WASTEWATER LOANS TO RURAL COMMUNITIES §363.933 Pre-design Funding Option https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=90077&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 90077 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=90077&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 90077 03/11/2026 The following applies to projects requiring engineering services.(1) A rural community shall obtain executive administrator approval of contract documents, including engineering plans and specifications, prior to receiving bids and awarding the contract.(2) After receiving bids, the rural community will submit for the executive administrator's approval the following documents:(A) a tabulation of all bids received and an explanation for any rejected bids or otherwise disqualified bidders;(B) one executed original copy of each construction contract;(C) evidence that the necessary acquisitions of land, leases, easement and rights-of-way have been completed or that the rural community has the legal authority to complete the acquisitions; and(D) other such instruments or documents as the board or executive administrator may require. Source Note: The provisions of this §363.934 adopted to be effective November 7, 2001, 26 TexReg 8848. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS I PILOT PROGRAM FOR WATER AND WASTEWATER LOANS TO RURAL COMMUNITIES §363.934 Engineering Design Approvals https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=157720&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 157720 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=157720&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 157720 03/11/2026 The board will establish interest rates for loans from the rural community water and wastewater loan fund in accordance with the Municipal Market Data A scale minus 150 basis points. Source Note: The provisions of this §363.935 adopted to be effective November 7, 2001, 26 TexReg 8848; amended to be effective July 30, 2012, 37 TexReg 5597. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS I PILOT PROGRAM FOR WATER AND WASTEWATER LOANS TO RURAL COMMUNITIES §363.935 Interest Rate https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=90079&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 90079 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=90079&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 90079 03/11/2026 The executive administrator may conduct financial, engineering, and environmental audits of every project which is financed in whole or in part by the board. Audits may be conducted on site and board staff shall be provided access to all project records necessary to complete such audit. The rural community shall take actions to correct any items found to be in noncompliance with agreements relating to board financial assistance. Source Note: The provisions of this §363.936 adopted to be effective November 7, 2001, 26 TexReg 8848. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS I PILOT PROGRAM FOR WATER AND WASTEWATER LOANS TO RURAL COMMUNITIES §363.936 Audits https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169993&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 169993 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169993&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 169993 03/11/2026 The rural community shall require in all project construction contracts that:(1) each bidder furnish a bid guarantee equivalent to five percent of the bid price;(2) each contractor awarded a construction contract furnish performance and payment bonds as follows:(A) the performance bond must include guarantees that work done under the contract will be completed and performed according to approved plans and specifications in accordance with sound construction principles and practices; and(B) the performance and payment bonds must be in a penal sum of not less than 100 percent of the contract price and remain in effect for one year after the date of approval by the engineer of the rural community;(3) payment will be made in partial payments as the work progresses;(4) each partial payment shall not exceed 95 percent of the amount due at the time of the payment, as shown by the engineer of the project, but if the project is substantially complete, a partial release of the five percent retainage may be made by the rural community with the approval of the executive administrator;(5) payment of the retainage remaining due on completion of the contract shall be made only after:(A) approval by the engineer for the rural community;(B) approval by the rural community by resolution or other formal action of the governing body; and(C) certification by the executive administrator that the work to be done under the contract has been completed and performed in a satisfactory manner and in accordance with approved plans and specifications;(6) no valid approval shall be granted unless the work done under the contract has been completed and performed in a satisfactory manner according to approved plans and specifications; and(7) labor from inside the rural community has been used to the extent possible. Source Note: The provisions of this §363.951 adopted to be effective November 7, 2001, 26 TexReg 8848; amended to be effective November 26, 2014, 39 TexReg 9209. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS I PILOT PROGRAM FOR WATER AND WASTEWATER LOANS TO RURAL COMMUNITIES §363.951 Construction Contract Requirements https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=90081&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 90081 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=90081&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 90081 03/11/2026 The rural community shall file with the board a certified copy of each construction contract it enters into for the construction of all or part of a project. Each contract must contain or have attached to it the specifications, plans, and details of all work included in the contract. Source Note: The provisions of this §363.952 adopted to be effective November 7, 2001, 26 TexReg 8848. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS I PILOT PROGRAM FOR WATER AND WASTEWATER LOANS TO RURAL COMMUNITIES §363.952 Filing the Construction Contract https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169994&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 169994 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169994&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 169994 03/11/2026 After a construction contract is awarded, the rural community shall provide for adequate inspection of the project by a registered professional engineer and require the engineer's assurance that the work is being performed in a satisfactory manner in accordance with the approved plans and specifications, other engineering design or permit documents, approved alterations, and provisions for environmental mitigative measures. The executive administrator is authorized to inspect the construction and materials of any project at any time, but such inspection shall never subject the State of Texas to any action for damages. The political subdivision shall take corrective action as necessary to complete the project in accordance with approved plans and specifications. Source Note: The provisions of this §363.953 adopted to be effective November 7, 2001, 26 TexReg 8848; amended to be effective November 26, 2014, 39 TexReg 9209. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS I PILOT PROGRAM FOR WATER AND WASTEWATER LOANS TO RURAL COMMUNITIES §363.953 Inspection of Projects https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=90083&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 90083 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=90083&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 90083 03/11/2026 After the executive administrator approves the engineering plans, a rural community may not make any substantial or material alteration in the plans unless the executive administrator authorizes the alteration. Source Note: The provisions of this §363.954 adopted to be effective November 7, 2001, 26 TexReg 8848. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS I PILOT PROGRAM FOR WATER AND WASTEWATER LOANS TO RURAL COMMUNITIES §363.954 Alteration of Plans https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169995&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 169995 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169995&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 169995 03/11/2026 The executive administrator may consider the following as grounds for refusal to give a certificate of approval for any construction contract:(1) failure to construct the project according to the approved plans and specifications; or(2) failure to comply with any term of the contract. Source Note: The provisions of this §363.955 adopted to be effective November 7, 2001, 26 TexReg 8848; amended to be effective November 26, 2014, 39 TexReg 9209. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS I PILOT PROGRAM FOR WATER AND WASTEWATER LOANS TO RURAL COMMUNITIES §363.955 Certificate of Approval https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212318&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 212318 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212318&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 212318 03/11/2026 The sections of this subchapter shall pertain to applications for financing state participation projects authorized by the Texas Water Code, Chapter 16, Subchapters E and F. Unless in conflict with the provisions of this subchapter, the provisions of Subchapter A of this chapter (relating to General Provisions) shall apply to state participation projects. The requirements of this subchapter do not apply if the board is acting singly. Source Note: The provisions of this §363.1001 adopted to be effective October 8, 2002, 27 TexReg 9382; amended to be effective February 9, 2023, 48 TexReg 520. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS J STATE PARTICIPATION PROGRAM §363.1001 Scope of Subchapter https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212319&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 212319 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212319&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 212319 03/11/2026 The following word and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Excess capacity--The difference between the foreseeable needs of the area to be served by the useful life of the facility and the existing needs for the area to be served by the facility.(2) Facility--A regional or interregional facility for which an application has been submitted requesting financial assistance from the state participation account and that includes sufficient capacity to serve the existing needs of the applicant and excess capacity.(3) Alternate facility--A construction project that would be necessary to serve the excess capacity of the area to be served by the facility in the event that the facility was not initially constructed to meet the excess capacity.(4) Existing needs--Maximum capacity necessary for service to the area receiving service from the facility for current population and including the service necessary to serve the estimated population in the area ten years from the date of the application.(5) New water supply project--A project which will create new, usable water supply through the construction of a reservoir, dam, stormwater retention basin, or the development of conservation or innovative technologies including, but not limited to, desalinization, demineralization, other advanced water treatment practices, floodwater harvesting, or aquifer storage and recovery.(6) State Participation II Account--An account within the State Participation Account for the development of desalination or aquifer storage and recovery facilities under Texas Water Code 16.146.(7) Water plan project--A project which is identified as a recommended strategy in the water plan. Source Note: The provisions of this §363.1002 adopted to be effective October 8, 2002, 27 TexReg 9382; amended to be effective August 5, 2003, 28 TexReg 6026; amended to be effective December 25, 2007, 32 TexReg 9721; amended to be effective February 9, 2023, 48 TexReg 520. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS J STATE PARTICIPATION PROGRAM §363.1002 Definitions of Terms https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212320&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 212320 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212320&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 212320 03/11/2026 (a) This section does not apply to use of the State Participation Account II.(b) Unless otherwise directed by legislation, or in accordance with subsection (c), the board will only use the State Participation Account of the Texas Water Development Fund II to provide financial assistance for all or a part of the cost to construct the excess capacity of:(1) an eligible new water supply or water plan project where:(A) at least 20% of the total facility capacity of the proposed project will serve existing need, or(B) the applicant will finance at least 20% of the total project cost from sources other than the State Participation Account; and(2) all other projects eligible for state participation where:(A) at least 50% of the total facility capacity of the proposed project will serve existing need, or(B) the applicant will finance at least 50% of the total project cost from sources other than the State Participation Account.(c) The board, in its sole discretion, may waive the requirements of subsection (b) upon a showing of good cause. Source Note: The provisions of this §363.1003 adopted to be effective October 8, 2002, 27 TexReg 9382; amended to be effective August 5, 2003, 28 TexReg 6026; amended to be effective December 25, 2007, 32 TexReg 9721; amended to be effective February 9, 2023, 48 TexReg 520. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS J STATE PARTICIPATION PROGRAM §363.1003 Board Participation https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212321&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 212321 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212321&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 212321 03/11/2026 In addition to any other information that may be required by the executive administrator or the board, the applicant shall provide:(1) a resolution from its governing body which shall:(A) request financial assistance and identify the amount of requested assistance;(B) designate the authorized representative to act on behalf of the governing body; and(C) authorize the representative to execute the application, appear before the board on behalf of the applicant, and submit such other documentation as may be required by the executive administrator or the board;(2) a notarized affidavit from the authorized representative stating that:(A) the decision to request financial assistance from the board was made in a public meeting held in accordance with the Open Meetings Act (Texas Government Code, §551.001, et seq,) and after providing all such notice as required by such Act;(B) the information submitted in the application is true and correct according to best knowledge and belief of the representative;(C) the applicant has no outstanding judgments, orders, fines, penalties, taxes, assessment or other enforcement or compliance issue of any kind or nature by EPA, Texas Commission on Environmental Quality (commission), Texas Comptroller, Texas Secretary of State, or any other federal, state or local government or identifying such judgments, orders, fines, penalties, taxes, assessment or other enforcement or compliance issue as may be outstanding for the applicant;(D) the applicant warrants compliance with the representations made in the application in the event that the board provides the financial assistance; and(E) the applicant will comply with all applicable federal laws, rules, and regulations as well as the laws of this state and the rules and regulations of the board;(3) a proposed schedule for purchase of the board's interest in the project;(4) copies of any proposed or existing contracts for consultant financial advisory, engineering, and bond counsel services to be used by the applicant in applying for financial assistance or constructing the proposed project. Contracts for engineering services should include the scope of services, level of effort, costs, schedules, and other information necessary for adequate review by the executive administrator;(5) a citation to the specific legal authority in the Texas Constitution and statutes pursuant to which the applicant is authorized to provide the service for which the applicant is receiving financial assistance as well as the legal documentation identifying and establishing the legal existence of the applicant as may be deemed necessary by the executive administrator;(6) if the applicant provides or will provide water supply or treatment service to another service provider, or receives such service from another service provider, the proposed agreement, contract, or other documentation which legally establishes such service relationship, with the final and binding agreements provided prior to closing;(7) documentation of the ownership interest, with supporting legal documentation, of property on which proposed project shall be located, or if the property is to be acquired, certification that the applicant has the necessary legal power and authority to acquire the property;(8) if payment under the master agreement is based either wholly or in part from revenues of contracts with others, a copy of any actual or proposed contracts under which applicant's gross income is expected to accrue. Prior to release of funds, an applicant shall submit executed copies of such contracts to the executive administrator;(9) if an election is required by law to authorize participation in the project, the executive administrator may require applicant to provide the election date and election results as to each proposition necessary for the participation of the applicant as part of the application.(10) Applicant shall submit an engineering feasibility report signed and sealed by a professional engineer registered in the State of Texas. The report, based on guidelines provided by the executive administrator, shall provide:(A) description and purpose of the project;(B) entities to be served and current and future population;(C) the cost of the project;(D) a description of the alternatives considered and reasons for selection of the project proposed;(E) sufficient information to evaluate the engineering feasibility; and(F) maps and drawings as necessary to locate and describe the project service area. The executive administrator may request additional information or data as necessary to evaluate the project.(11) a water conservation plan prepared in accordance with §363.15 of this title (relating to Required Water Conservation Plan). Source Note: The provisions of this §363.1004 adopted to be effective October 8, 2002, 27 TexReg 9382; amended to be effective December 25, 2007, 32 TexReg 9721; amended to be effective February 9, 2023, 48 TexReg 520. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS J STATE PARTICIPATION PROGRAM §363.1004 Application for Assistance https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=139693&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 139693 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=139693&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 139693 03/11/2026 (a) Except for financial assistance provided through the pre-design funding option under §363.16 of this title (relating to Pre-design Funding Option), the executive administrator must approve the engineering feasibility report before the executive administrator determines that the application is complete and presents it to the board for a commitment. The executive administrator will approve the engineering feasibility report after determining that the items listed in §363.1004(10) of this title (relating to Application for Assistance) have been completed, the appropriate environmental determinations have been completed in accordance with §363.14 of this title (relating to Environmental Assessment), the project has been determined to be cost effective, and the financial assistance recipient has agreed to incorporate all mitigating measures directed by the executive administrator.(b) If changes occur in the project after approval of the engineering feasibility data, the executive administrator may request additional engineering and/or environmental information in order to ascertain that the financial assistance commitment and environmental determination continues to be appropriate. Source Note: The provisions of this §363.1005 adopted to be effective October 8, 2002, 27 TexReg 9382; amended to be effective February 4, 2009, 34 TexReg 668. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS J STATE PARTICIPATION PROGRAM §363.1005 Approval of Engineering Feasibility Report https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212322&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 212322 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212322&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 212322 03/11/2026 (a) The executive administrator will prioritize all applications in accordance with §363.1007 of this title and may prioritize projects under §363.1007(b) and (c) separately. The executive administrator will provide the prioritization to the board for approval. The executive administrator may set additional application deadlines, prioritize applications, and present the prioritization and those applications to the board for a commitment if the executive administrator deems it necessary in order to utilize available funds in any fiscal year. To be considered for prioritization, an applicant must provide adequate information to establish that the applicant qualifies for state participation funding, to describe the project comprehensively, and to establish the cost of the project, as well as any other information requested by the executive administrator. The executive administrator will develop and provide to applicants detailed information on the abridged application necessary for prioritization. If an applicant submits an abridged application for prioritization purposes, the applicant must submit a complete application to the board within 30 days after the board meeting at which the applicant's project received priority for funding, or the project will lose its priority ranking and the board may commit to other projects consistent with the prioritization.(b) Prior to each board meeting at which applications may be considered, the executive administrator shall:(1) for each application that the executive administrator has determined has adequate information for prioritization purposes, prioritize the applications using the criteria identified in §363.1007 of this title (relating to Prioritization Criteria).(2) provide to the board a prioritized list of all applications as recommended by the executive administrator, the amount of funds requested and the priority of each application received; and(3) identify to the board, the total amount of funds available in the State Participation Account for new applications.(c) When making commitments for financial assistance from the State Participation Account, the board will consider projects in descending numerical order based on the priority assigned to the application according to §363.1007 of this title. The board will consider the next application on each list only if there are funds available in the account and allocated to the type of projects under consideration sufficient to fund all or, if acceptable to the applicant, a part of the application.(d) The board shall determine the amount of funds available for water plan projects and shall prioritize and consider those separately from projects that are not water plan projects. Source Note: The provisions of this §363.1006 adopted to be effective October 8, 2002, 27 TexReg 9382; amended to be effective August 5, 2003, 28 TexReg 6026; amended to be effective December 25, 2007, 32 TexReg 9721; amended to be effective April 15, 2009, 34 TexReg 2385; amended to be effective February 9, 2023, 48 TexReg 520. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS J STATE PARTICIPATION PROGRAM §363.1006 Prioritization System https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212323&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 212323 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212323&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 212323 03/11/2026 (a) The board will give priority to projects that the legislature has determined shall receive priority for financial assistance from the State Participation Account.(b) Except as provided by subsection (c), after first prioritizing projects that the legislature has determined shall receive priority, the factors to be used by the executive administrator to prioritize the remaining projects seeking financial assistance from the State Participation Account shall be as follows:(1) water development projects will receive priority over wastewater projects;(2) priority will be given to projects which have received previous board funding for facility planning, design, or permitting for the project;(3) priority will be given to entities that:(A) have already demonstrated significant water conservation savings, as determined by comparing the highest rolling five-year average gallons per capita per day since 1980 to the average gallons per capita per day for the most recent four-year period; or(B) will achieve significant water conservation savings by implementing the proposed project for which the financial assistance is sought, as determined by comparing the conservation to be achieved by the project with the average gallons per capita per day for most recent four-year period.(4) priority will be given to projects which have the earliest identifiable need, as outlined in the water plan.(c) Notwithstanding subsection (b), any interregional water supply projects seeking financial assistance from the State Participation Account for interregional water supply projects under Texas Water Code §16.145 shall be prioritized in accordance with an applicable request for proposals, which shall prioritize projects that:(1) maximize the use of private financial resources;(2) combine the financial resources of multiple water planning regions; and(3) have a substantial economic benefit to the regions served by:(A) affecting a large population;(B) creating jobs in the regions served; and(C) meeting a high percentage of the water supply needs of the water users served by the project. Source Note: The provisions of this §363.1007 adopted to be effective October 8, 2002, 27 TexReg 9382; amended to be effective August 5, 2003, 28 TexReg 6026; amended to be effective December 25, 2007, 32 TexReg 9721; amended to be effective April 15, 2009, 34 TexReg 2385; amended to be effective July 11, 2010, 35 TexReg 5897; amended to be effective February 9, 2023, 48 TexReg 520. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS J STATE PARTICIPATION PROGRAM §363.1007 Prioritization Criteria https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212324&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 212324 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212324&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 212324 03/11/2026 (a) Except as provided by subsection (b), the board may provide funding from the State Participation Account when the information available to the board is sufficient for the board to determine that:(1) it is reasonable to expect that the state will recover its investment in the facility based upon a determination that the revenue to be generated by the projected number of customers served by the facility will be sufficient to purchase the excess capacity owned by the state;(2) the estimated cost of the facility as set forth in the application exceeds the current financing capabilities of the area to be served by the facility based on a determination that the existing rates of the applicant available for payment of the facility collected from the number of connections at the end of construction and other revenues available for payment of the facility;(3) the optimum regional development cannot be reasonably financed by local interests based on a determination that the estimated cost to construct the alternate facility and the revenue to be generated by the projected number of customers of the facility;(4) the public interest will be served by acquisition of the facility based on a determination that the cost of the facility to the public are reduced by the state's participation in the facility; and(5) the facility to be constructed or reconstructed contemplates the optimum regional or interregional development which is reasonably required under all existing circumstances of the site based on a determination that design capacity of the components of the facility are sufficient to meet the foreseeable needs of the area over the useful life of the facility.(b) The board may provide funding from the State Participation Account II when the information available to the board is sufficient for the board to determine that:(1) it is reasonable to expect that the state will recover its investment in the facility;(2) the public interest will be served by the acquisition of the facility based on a determination that the cost of the facility to the public are reduced by the state's participation in the facility; and(3) the project is a recommended water strategy in the most recent state water plan. Source Note: The provisions of this §363.1008 adopted to be effective October 8, 2002, 27 TexReg 9382; amended to be effective February 9, 2023, 48 TexReg 520. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS J STATE PARTICIPATION PROGRAM §363.1008 Determination https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=96891&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 96891 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=96891&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 96891 03/11/2026 The board and the political subdivision shall enter into and execute a master agreement the text of which shall include, but not be limited to, the responsibilities, duties, and liabilities of each party, including the responsibility of a designated political subdivision to assure that proper procedures are observed in advertising for bids and selecting a bidder to construct the project; the board's cost of acquisition; procedures for disbursement of board funds for the project; recognition of a political subdivision's right of first refusal prior to any sale of the board's interest in the project; a non-competitive clause; a schedule for purchase of the board's interest in the project by the political subdivision; and any other provisions deemed appropriate and necessary by the board. Source Note: The provisions of this §363.1009 adopted to be effective October 8, 2002, 27 TexReg 9382. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS J STATE PARTICIPATION PROGRAM §363.1009 Master Agreement https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=96880&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 96880 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=96880&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 96880 03/11/2026 On projects to be constructed or enlarged by a political subdivision or subdivisions, one political subdivision may be designated under an agreement with the board to act as manager for the project and perform the functions customarily performed by a manager-owner. Source Note: The provisions of this §363.1010 adopted to be effective October 8, 2002, 27 TexReg 9382. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS J STATE PARTICIPATION PROGRAM §363.1010 Construction https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=96881&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 96881 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=96881&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 96881 03/11/2026 State funds expended for the acquisition and/or development of facilities in a project shall be disbursed in accordance with the provisions of the master agreement and any other contracts by the board pursuant thereto. Source Note: The provisions of this §363.1011 adopted to be effective October 8, 2002, 27 TexReg 9382. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS J STATE PARTICIPATION PROGRAM §363.1011 Disbursement of State Funds https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212325&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 212325 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212325&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 212325 03/11/2026 A prospective purchaser of the board's ownership interest in a facility or of the use of such board interest other than under terms specified in the master agreement, shall submit an application in the form and number prescribed by the executive administrator. The executive administrator may request any additional information needed to evaluate the application and may return any incomplete applications. Source Note: The provisions of this §363.1012 adopted to be effective October 8, 2002, 27 TexReg 9382; amended to be effective February 9, 2023, 48 TexReg 520. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS J STATE PARTICIPATION PROGRAM §363.1012 Requirements of Application https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212326&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 212326 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212326&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 212326 03/11/2026 Upon receipt of an application by a prospective purchaser of the board's ownership interest in a facility or use of the facility, the board will send notice of its receipt by regular United States mail to all co-owners of the facility and any users of the facility or water from the facility. Source Note: The provisions of this §363.1013 adopted to be effective October 8, 2002, 27 TexReg 9382; amended to be effective February 9, 2023, 48 TexReg 520. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS J STATE PARTICIPATION PROGRAM §363.1013 Notice to Participating Political Subdivision and Others https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=134283&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 134283 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=134283&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 134283 03/11/2026 The application shall be scheduled on the board's agenda, and representatives of the prospective purchaser and other interested parties shall be notified of the time of the meeting. At the conclusion of the meeting to consider the project, the board may resolve to approve, disapprove, approve with conditions, or continue consideration of the application. A commitment will include a date after which the financial assistance will no longer be available. That date shall be the end of that month which is twelve months from the month of board commitment. Source Note: The provisions of this §363.1014 adopted to be effective October 8, 2002, 27 TexReg 9382; amended to be effective December 25, 2007, 32 TexReg 9721. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS J STATE PARTICIPATION PROGRAM §363.1014 Consideration by Board https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=96885&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 96885 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=96885&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 96885 03/11/2026 If the board approves the application, a transfer resolution will be adopted which shall prescribe the terms and conditions necessary for the sale, transfer, or lease, if such terms have not been specified in the master agreement between the board and political subdivision. Source Note: The provisions of this §363.1015 adopted to be effective October 8, 2002, 27 TexReg 9382. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS J STATE PARTICIPATION PROGRAM §363.1015 Resolution Authorizing Transfer https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=96886&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 96886 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=96886&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 96886 03/11/2026 Before the board's adoption of the transfer resolution, the executive administrator shall negotiate a transfer agreement with the prospective purchaser regarding the sale, transfer, or lease of board-owned interests. The transfer agreement shall include the interest transferred, the character of the interest transferred, the formula used to compute the price to be paid for the facilities to be acquired, provisions governing lease or rental of facilities, a hold harmless clause, recognition of the right of first refusal of any of the participating political subdivisions, a clause stating the conditions under which the contract may be terminated, and other provisions appropriate to the subject of the transfer agreement including provisions setting standards for operation and maintenance of the project. The attorney general of Texas shall approve as to legality any contract authorized under this subchapter. Source Note: The provisions of this §363.1016 adopted to be effective October 8, 2002, 27 TexReg 9382. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS J STATE PARTICIPATION PROGRAM §363.1016 Negotiation of Contracts https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=134284&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 134284 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=134284&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 134284 03/11/2026 (a) General. The board will assess fees for the purpose of recovering administrative costs from all political subdivisions with which the board agrees to participate in a state participation project under this subchapter in an amount of 0.77% of the amount of the total participation in the project by the board.(b) Payment Method. Payment of one-third of the fee is due at closing. The balance of the fee may be paid in a limited number of annual installments with the consent of the executive administrator. The fee may not be included in the total amount of financial assistance provided by the board. Source Note: The provisions of this §363.1017 adopted to be effective October 8, 2002, 27 TexReg 9382; amended to be effective May 6, 2003, 28 TexReg 3732; amended to be effective December 25, 2007, 32 TexReg 9721. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS J STATE PARTICIPATION PROGRAM §363.1017 Administrative Cost Recovery for State Participation Program https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=111050&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 111050 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=111050&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 111050 03/11/2026 (a) This subchapter shall govern the use of funds deposited in the Water Loan Assistance Fund for the purpose of the Small Community Hardship Program from payments made by the Texas Water Resources Finance Authority to the board, as well as such other funds that may be made available for such program.(b) The purpose of the use of the funds by the board is to provide financial assistance to economically distressed areas as provided in Water Code, Chapter 15 and as further specified in this subchapter. Source Note: The provisions of this §363.1101 adopted to be effective May 11, 2004, 29 TexReg 4547. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS K SMALL COMMUNITY HARDSHIP PROGRAM §363.1101 Scope and Purpose of Subchapter https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=111051&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 111051 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=111051&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 111051 03/11/2026 The following words and terms, when used in this division, shall have the following meanings, unless the context clearly indicates otherwise. Unless defined in this subchapter, words defined in the Texas Water Code, Chapters 15, 16, or 17 shall have the meanings provided therein.(1) Adjusted median household income--The annual median household income identified in the most recent U.S. Census from the closest applicable census tract multiplied by the current Texas Consumer Price Index divided by the most recent decennial Texas Consumer Price Index.(2) Applicant--A political subdivision that requests financial assistance from the board.(3) Average yearly sewer bill--The number that is derived by multiplying the average number of persons per occupied household in the service area of the applicant by 1,279 gallons multiplied by the monthly sewer rate of the applicant multiplied by 12. The proposed monthly sewer rate shall include the cost of the proposed project. If taxes, surcharges or other fees are used to subsidize the sewer system, the average annual amount per household may be included in calculating the average yearly sewer bill.(4) Average yearly water bill--The number that is derived by multiplying the average number of persons per occupied household in the service area of the applicant by 2,325 gallons multiplied by the proposed monthly water rate multiplied by 12. The proposed monthly water rate shall include the cost of the proposed project. If taxes, surcharges or other fees are used to subsidize the water system, the average annual amount per household may be included in calculating the average yearly water bill.(5) Combined household cost factor--The number that is derived by adding the average yearly water bill with the average yearly sewer bill and dividing by the adjusted median household income.(6) Disadvantaged area--An area that:(A) has a permanent residential population of 5,000 or less; and(B) has an adjusted median household income which is no more than 75% of the median state household income for the most recent year for which statistics are available; and(i) if the service area is not charged for sewer services, has a household cost factor for water rates that is greater than or equal to 1.0%; or(ii) if the service area is charged for water and sewer services, has a combined household cost factor for water and sewer rates that is greater than or equal to 2.0%.(7) Economically distressed area--An area which is a disadvantaged area and in which inadequate water or sewer services exist.(8) Household cost factor--The number that is derived by dividing the average yearly water bill by the adjusted median household income.(9) Inadequate water service--Water supply services which:(A) from a community water system, do not provide drinking water of a quality that meets the standards set forth by the commission in 30 TAC §§290.1 - 290.26, 30 TAC §§290.38 - 290.51, and any applicable standards of any governmental unit with jurisdiction over such area;(B) from individual wells, after treatment, do not provide drinking water of a quality that meets the standards set forth by the commission in 30 TAC §§290.3, 290.4, 290.10, and 290.13, and any applicable standards of any governmental unit with jurisdiction over such area; or(C) do not exist or are not provided.(10) Inadequate sewer service--Sewer services which:(A) from any organized sewage collection and treatment facilities, do not comply with the standards and requirements set forth by the commission in 30 TAC Chapter 305;(B) for on-site sewerage facilities, do not comply with the standards and requirements set forth by the commission in 30 TAC Chapter 285 and 313; or(C) do not exist or are not provided.(11) Political subdivision--A city, county, district or authority created under Article III, Section 52, or Article XVI, Section 59, of the Texas Constitution, any other political subdivision of the state, and any nonprofit water supply corporation created and operating under Water Code, Chapter 67. Source Note: The provisions of this §363.1102 adopted to be effective May 11, 2004, 29 TexReg 4547. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS K SMALL COMMUNITY HARDSHIP PROGRAM §363.1102 Definitions of Terms https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=111052&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 111052 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=111052&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 111052 03/11/2026 (a) The board may provide financial assistance from the Water Loan Assistance Fund to a political subdivision for a water supply or sewer service project that provides adequate water or sewer service to an economically distressed area.(b) The board may provide financial assistance by grants for up to 90% of the amount of the financial assistance requested in the application to:(1) plan, design, or construct a new water or sewer service system in an economically distressed area, including land costs or replacement of septic systems;(2) plan, design, or construct improvements to an existing water or sewer service system in an economically distressed area, including land costs or replacement of septic systems;(3) purchase or consolidate water or sewer service systems that results in providing adequate water or sewer service to an economically distressed area;(4) reduce the interest rates on loans to finance a project identified in paragraphs (1), (2), or (3) of this subsection, provided however that the loan is not from the board or other state agency; or(5) reduce or eliminate outstanding indebtedness of the project area if the effect assists in obtaining financial assistance for a project identified in paragraphs (1), (2), or (3) of this subsection, provided however that the indebtedness is not from the board or other state agency.(c) The board may provide the financial assistance through a written agreement executed by the executive administrator and the designated representative of the political subdivision. Source Note: The provisions of this §363.1103 adopted to be effective May 11, 2004, 29 TexReg 4547. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS K SMALL COMMUNITY HARDSHIP PROGRAM §363.1103 Financial Assistance Available https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=111053&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 111053 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=111053&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 111053 03/11/2026 An application shall be in the form and numbers prescribed by the executive administrator and, in addition to any other information that may be required by the executive administrator or the board, the applicant shall provide:(1) a resolution from its governing body which shall:(A) request financial assistance and identify the amount of requested assistance;(B) designate the authorized representative to act on behalf of the governing body; and(C) authorize the representative to execute the application, appear before the board on behalf of the applicant, and submit such other documentation as may be required by the executive administrator or the board;(2) a notarized affidavit from the authorized representative stating that:(A) the decision to request financial assistance from the board was made in a public meeting held in accordance with the Open Meetings Act (Government Code, §551.001, et seq.) and after providing all such notice as required by such Act as is applicable to the applicant or, for a corporation, that the decision to request financial assistance from the board was made in a meeting open to all customers and after providing all customers written notice at least 72 hours prior to such meeting that a decision to request public assistance would be made during such meeting;(B) the information submitted in the application is true and correct according to the best knowledge and belief of the representative;(C) the applicant warrants compliance with the representations made in the application in the event that the board provides the financial assistance; and(D) the applicant will comply with all applicable federal laws, rules, and regulations as well as the laws of this state and the rules and regulations of the board;(3) copies of any proposed or existing contracts for consultant financial advisory, engineering, and bond counsel services to be used by the applicant in applying for financial assistance or constructing the proposed project. Contracts for engineering services should include the scope of services, level of effort, costs, schedules, and other information necessary for adequate review by the executive administrator;(4) a citation to the legal authority in the Texas Constitution and statutes pursuant to which the applicant is authorized to provide the service for which the applicant is receiving financial assistance as well as the legal documentation identifying and establishing the legal existence of the applicant as may be deemed necessary by the executive administrator;(5) data from the most recent federal census for the most applicable census tract or tracts or a survey approved by the executive administrator of a statistically acceptable sampling of the customers in the service area completed within the last 12 months that demonstrates that the area meets the adjusted median household income level to qualify it as a disadvantaged area;(6) an engineering feasibility report in compliance with §363.13 of this title (relating to Engineering Feasibility data) and including information satisfactory to the executive administrator that the water or sewer service for which assistance is requested is inadequate as defined herein;(7) preliminary environmental information in compliance with §363.14 of this title (relating to Environmental Assessment);(8) a water conservation plan prepared in compliance with §363.15 of this title (relating to Required Water Conservation Plan) or a statement identifying the applicable statutory exemption from preparation and adoption of the water conservation program; and(9) if the applicant provides or will provide water supply or treatment, or sewer treatment service to another service provider, or receives such service from another service provider, the proposed agreement, contract, or other documentation which legally establishes such service relationship, with the final and binding agreements provided prior to closing. Source Note: The provisions of this §363.1104 adopted to be effective May 11, 2004, 29 TexReg 4547. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS K SMALL COMMUNITY HARDSHIP PROGRAM §363.1104 Application https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=111054&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 111054 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=111054&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 111054 03/11/2026 (a) Prior to approval of the application submitted of an applicant, the board shall consider:(1) the needs of the area to be served by the project and the benefit of the project to the area in relation to the needs of other areas requiring state assistance in any manner and the benefits of those projects to the other areas;(2) the availability of revenue to the applicant from all sources for the ultimate repayment of the cost of the project, including all interest;(3) the relationship of the project to overall statewide needs;(4) the ability of the applicant to finance the project without state assistance; and(5) the regulatory efforts by the county in which the project is located to control the construction of subdivisions that lack basic utility services.(b) After consideration of the factors identified in subsection (a) of this section, the board may pass a resolution approving the application of an eligible applicant if the board finds that:(1) the public interest requires state participation in the project; and(2) the revenue or taxes pledged by the political subdivision will be sufficient to meet all the obligations assumed by the political subdivision.(c) The resolution approving the application of an eligible applicant may include any condition that the board deems appropriate including a requirement that the applicant adopt a water conservation plan in compliance with §363.15 of this title (relating to Required Water Conservation Plan). Source Note: The provisions of this §363.1105 adopted to be effective May 11, 2004, 29 TexReg 4547. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS K SMALL COMMUNITY HARDSHIP PROGRAM §363.1105 Board Consideration of Applications https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=125501&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 125501 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=125501&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 125501 03/11/2026 (a) To the extent funds are available, the amount of financial assistance provided by the board under this subchapter will be determined as follows:(1) if the adjusted median household income for the project area is less than or equal to 75% but greater than 60% of the median state household income, the financial assistance provided by the board will be a grant for 50% of the amount of the financial assistance requested in the application;(2) if the adjusted median household income for the project area is less than or equal to 60% but greater than 50% of the median state household income, the financial assistance provided by the board will be a grant for 75% of the amount of the financial assistance requested in the application; and(3) if the adjusted median household income for the service area is less than or equal to 50% of the median state household income, the financial assistance provided by the board will be a grant for 90% of the amount of the financial assistance requested in the application.(b) The remaining portion of the amount of the financial assistance requested in the application not provided as a grant shall be provided by a loan from another board program. The board may, in its sole discretion, waive the requirement of this subsection if, prior to closing, the following conditions are met:(1) The applicant is connecting to an existing service provider which, by connecting to the existing system, will assist the applicant in achieving compliance with state utility system regulations;(2) The existing service provider has contributed resources, in kind or direct financial assistance, to connect the applicant's utility system to the service provider; and(3) The existing service provider executes a written agreement pursuant to which the service provider agrees to assume full ownership, operation, and management of the applicant's entire utility system upon completion of the project.(c) The amount of grant funds provided to an applicant pursuant to this subchapter shall not exceed one million dollars.(d) If the applicant will be providing the remaining portion of the project costs from sources other than board programs, then the applicant shall provide evidence satisfactory to the executive administrator that the applicant has secured the additional funds prior to the release of funds provided under this subchapter. Source Note: The provisions of this §363.1106 adopted to be effective May 11, 2004, 29 TexReg 4547; amended to be effective July 4, 2006, 31 TexReg 5363. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS K SMALL COMMUNITY HARDSHIP PROGRAM §363.1106 Grant Assistance https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=111056&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 111056 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=111056&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 111056 03/11/2026 To the extent not in conflict with the provisions of this subchapter, the provisions of Subchapter A of this chapter (relating to General Provisions) that govern the release of funds (Division 4), construction phase (Division 5), and Post-Construction Responsibilities (Division 6) shall apply to financial assistance provided in this subchapter. Source Note: The provisions of this §363.1107 adopted to be effective May 11, 2004, 29 TexReg 4547. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS K SMALL COMMUNITY HARDSHIP PROGRAM §363.1107 Release of Funds and Construction Activity https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=134260&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 134260 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=134260&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 134260 03/11/2026 This subchapter shall govern applications for financial assistance from the Water Infrastructure Fund, established by the Texas Water Code, Chapter 15, Subchapter Q. The program described in this subchapter shall be known as the Water Infrastructure Fund. Unless in conflict with the provisions of this subchapter, the provisions of Subchapter A of this chapter (relating to General Provisions) shall apply to applications for assistance from the Water Infrastructure Fund. Source Note: The provisions of this §363.1201 adopted to be effective December 25, 2007, 32 TexReg 9721. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS L WATER INFRASTRUCTURE FUND §363.1201 Scope of Subchapter L https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145077&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 145077 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145077&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 145077 03/11/2026 Words and terms used in this subchapter shall have the following meanings, unless the context clearly indicates otherwise. Words defined in Texas Water Code, Chapter 15 and not defined here shall have the meanings provided by the appropriate Texas Water Code chapter.(1) "Eligible political subdivision"--a city, county, district, or authority created under §52, Article III, or §59, Article XVI, Texas Constitution, including a groundwater district with a groundwater management plan certified by the board under Texas Water Code §36.1072, any other political subdivision of the state, any interstate compact commission to which the state is a party, and any nonprofit water supply corporation created and operating under Chapter 67 of the Texas Water Code.(2) Fund--The Water Infrastructure Fund.(3) Project--Any undertaking or work, including planning and design activities and work to obtain regulatory authority, to conserve, mitigate, convey, and develop water resources of the state, including any undertaking or work done outside the state that the board determines will result in water being available for use in or for the benefit of the state. Source Note: The provisions of this §363.1202 adopted to be effective December 25, 2007, 32 TexReg 9721; amended to be effective March 31, 2010, 35 TexReg 2599. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS L WATER INFRASTRUCTURE FUND §363.1202 Definitions of Terms https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=134262&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 134262 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=134262&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 134262 03/11/2026 (a) The board may use the fund for financial assistance as follows:(1) to make loans to political subdivisions at or below market interest rates for projects; and(2) to make loans to political subdivisions at or below market interest rates for planning and design costs, permitting costs, and other costs associated with state or federal regulatory activities with respect to a project.(b) The board may make funding available under subsection (a) of this section only for implementation of projects which are recommended water management strategies in a board-approved regional water plan adopted pursuant to Texas Water Code, §16.053 or in the water plan adopted pursuant to Texas Water Code, §16.051. Source Note: The provisions of this §363.1203 adopted to be effective December 25, 2007, 32 TexReg 9721. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS L WATER INFRASTRUCTURE FUND §363.1203 Use of Funds https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=152376&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 152376 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=152376&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 152376 03/11/2026 (a) For loans from the Water Infrastructure Fund, the following procedures will be used to set fixed interest rates.(1) The executive administrator will set fixed interest rates under this section for loans on a date that is five business days prior to the political subdivision's adoption of the ordinance or resolution authorizing its bonds and not more than 45 days before the anticipated closing of the loan from the board. After 45 days from the establishment of the interest rate of a loan, rates will be reconsidered, and may be extended only with the approval of the executive administrator.(2) For loans from the fund, the executive administrator will set the interest rates in accordance with the following:(A) to the extent that the source of funding is provided from bond proceeds, the lending rate scale(s) will be determined as provided under §363.33(b) of this title (relating to Interest Rates for Loans and Purchase of Board's Interest in State Participation Projects);(B) Although the program is designed to provide borrowers with a reduction from the market rate based on a level debt service schedule, in no event shall the loan interest rate as determined under this section be less than zero;(C) The loan interest rate will be determined based on a debt service schedule that provides interest only will be paid in the first year of the debt service schedule and in which the annual debt service payments are level, as determined by the executive administrator. The executive administrator will identify the appropriate scale for the borrower and identify the market rate for the maturity due in each year. The executive administrator will reduce that market rate by a subsidy to be determined by the board and thereby identify a proposed loan interest rate for each maturity. The proposed loan interest rate will be applied to the proposed principal repayment schedule.(D) For loans made under §363.1203(a)(2) of this title (relating to Use of Fund), which receive deferred principal and interest payments, the executive administrator will identify the appropriate scale for the borrower and identify the market rate for the maturity due in each year. The executive administrator will reduce that market rate by a subsidy to be determined by the board and thereby identify a proposed loan interest rate for each maturity. The proposed loan interest rate will be applied to the proposed principal repayment schedule.(b) The board will establish separate lending rate scales for loans according to source of funds, if any funds other than bond proceeds are used. Source Note: The provisions of this §363.1205 adopted to be effective December 25, 2007, 32 TexReg 9721; amended to be effective August 29, 2011, 36 TexReg 5368. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS L WATER INFRASTRUCTURE FUND §363.1205 Interest Rates for Loans https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=140346&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 140346 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=140346&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 140346 03/11/2026 (a) This loan application option will provide an eligible applicant that meets all applicable board requirements an alternative to secure a commitment and close a loan for the pre-design, design or building costs associated with funding of a project under §363.1203(b) of this title (relating to Use of Funds). Under this option, a loan may be closed and funds necessary to complete planning and design activities released. If planning requirements have not been satisfied, design and building funds will be held or escrowed and released in the sequence described in this section. Following completion of planning activities and environmental assessment, the executive administrator may require the applicant to make changes in order to proceed with the project. If the portion of a project associated with funds in escrow cannot proceed, the loan recipient shall use the escrowed funds to redeem bonds purchased by the board in inverse order of maturity.(b) Reservoir projects are eligible for a board commitment to fund planning, permitting, acquisition, and design costs under this option. Applicants for reservoir construction funds must complete planning, permitting, acquisition, and design before receiving a commitment to fund reservoir building costs.(c) The executive administrator may recommend to the board the use of this section if, based on available information, there appear to be no significant permitting, social, environmental, engineering, or financial issues associated with the project. An application for pre-design funding may be considered by the board despite a negative recommendation from the executive administrator.(d) Applications for pre-design funding must include the following information:(1) for loans including building cost, a preliminary engineering feasibility report which will include at minimum: a description and purpose of the project; area maps or drawings as necessary to fully locate the project area(s); a proposed project schedule; estimated project costs and budget including sources of funds; current and future populations and projected water needs and sources; alternatives considered; and a discussion of known permitting, social or environmental issues which may affect the alternatives considered and the implementation of the proposed project;(2) contracts for engineering services;(3) evidence that an approved water conservation plan will be adopted prior to the release of loan funds;(4) all information required in §363.12 of this title (relating to General, Legal and Fiscal Information); and(5) any additional information the executive administrator may request to complete evaluation of the application.(e) After board commitment and completion of all closing and release prerequisites as specified in §363.42 of this title (relating to Loan Closing) and §363.43 of this title (relating to Release of Funds), funds will be released in the following sequence:(1) for planning and permitting costs, after receipt of executed contracts for the planning or permitting phase;(2) for acquisition and design costs, after receipt of executed contracts for the design phase and upon approval of an engineering feasibility report as specified in §363.13 of this title (relating to Engineering Feasibility Data) and compliance with §363.14 of this title (relating to Environmental Assessment); and(3) for building costs, after issuance of any applicable permits, and after bid documents are approved and executed construction documents are contingently awarded.(f) Board staff will use preliminary environmental data provided by the applicant, as specified in subsection (d) of this section and make a written report to the executive administrator on known or potential significant social or environmental concerns. Subsequently, these projects must have a favorable executive administrator's recommendation which is based upon a full environmental review during planning, as provided under §363.14 of this title.(g) The executive administrator will advise the board concerning projects that involve major economic or administrative impacts to the applicant resulting from environmentally related special mitigative or precautionary measures from an environmental assessment under §363.14 of this title. Source Note: The provisions of this §363.1206 adopted to be effective December 25, 2007, 32 TexReg 9721; amended to be effective April 15, 2009, 34 TexReg 2385. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS L WATER INFRASTRUCTURE FUND §363.1206 Pre-design Funding Option https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=152377&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 152377 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=152377&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 152377 03/11/2026 (a) The executive administrator will prioritize all applications not previously considered by the board twice annually. An application must be submitted by February 1 to be prioritized in March. An application must be submitted by August 1 to be prioritized in September. The executive administrator will provide the prioritization to the board for approval in March and September of each year or as soon thereafter as practicable. The executive administrator may set additional application deadlines, prioritize applications, and present the prioritization and those applications to the board for a commitment if the executive administrator deems it necessary in order to utilize available funds in any fiscal year. To be considered for prioritization, an applicant must provide adequate information to establish that the applicant qualifies for Water Infrastructure Fund funding, to describe the project comprehensively, and to establish the cost of the project, as well as any other information requested by the executive administrator. The executive administrator will develop and provide to applicants detailed information on the abridged application necessary for prioritization. If an applicant submits an abridged application for prioritization purposes, the applicant must submit a complete application to the board within 30 days after the board meeting at which the applicant's project received priority for funding, or the project will lose its priority ranking and the board may commit to other projects consistent with the prioritization.(b) Prior to each board meeting at which applications may be considered for prioritization, the executive administrator shall:(1) for each application that the executive administrator has determined has adequate information for prioritization purposes, prioritize the applications by the criteria identified in §363.1208 of this title (relating to Prioritization Criteria).(2) provide to the board a prioritized list of all applications as recommended by the executive administrator, the amount of funds requested and the priority of each application received and(3) identify the total amount of funds available in the Water Infrastructure Fund for new applications.(c) If there are funds in the Water Infrastructure Fund available for all or part of any of the prioritized projects, the board will first consider any projects that the legislature has determined shall receive priority for financial assistance from the Water Infrastructure Fund. If, after considering projects with legislative priority, there are funds available for other eligible projects in the Water Infrastructure Fund, then the board will consider applications to make a commitment for financial assistance in descending order of priority according to §363.1208 of this title. The board will consider the next application on the list only if there are funds available in the account to fund all or, if acceptable to the applicant, a part of the application. The Board reserves the right to limit the amount of funding available to an individual entity based on a proportionate share of total funds available for a particular round of prioritization. Source Note: The provisions of this §363.1207 adopted to be effective December 25, 2007, 32 TexReg 9721; amended to be effective April 15, 2009, 34 TexReg 2385; amended to be effective July 11, 2010, 35 TexReg 5897; amended to be effective August 29, 2011, 36 TexReg 5368. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS L WATER INFRASTRUCTURE FUND §363.1207 Prioritization System https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146744&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 146744 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146744&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 146744 03/11/2026 (a) The board will give priority to projects that the legislature has determined shall receive priority for financial assistance from the Water Infrastructure Fund. Applicants who have applied and were eligible for Economically Distressed Areas Program funding under §363.512 of this title (relating to Projects Related to Implementation of the Water Plan), and where sufficient funds are not available in the program to fund the project, will be given priority consideration for funding under this subchapter after projects with legislative priority.(b) After prioritizing projects under subsection (a) of this section, the executive administrator will prioritize applications based on the number of factors met by the project seeking financial assistance. The following factors shall be considered by the executive administrator when ranking the applications:(1) projects which have the earliest identified decade of need, as identified in the water plan; and(2) entities that:(A) have already demonstrated significant water conservation savings, as determined by comparing the highest rolling five-year average gallons per capita per day since 1980 to the average gallons per capita per day for the most recent 4-year period; or(B) will achieve significant water conservation savings by implementing the proposed project for which the financial assistance is sought, as determined by comparing the conservation to be achieved by the project with the average gallons per capita per day for most recent four-year period.(c) If two or more projects receive the same priority ranking, priority will be given to the project having the service area with the lowest median annual household income, weighted by population of each of the areas served, based upon the most current data available from the U.S. Bureau of the Census for all the areas to be served by the project. The median annual household income may also be calculated using data from a survey approved by the executive administrator of a statistically acceptable sampling of customers in the service area completed within the last 12 months. Source Note: The provisions of this §363.1208 adopted to be effective December 25, 2007, 32 TexReg 9721; amended to be effective April 15, 2009, 34 TexReg 2385; amended to be effective July 11, 2010, 35 TexReg 5897. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS L WATER INFRASTRUCTURE FUND §363.1208 Prioritization Criteria https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=134268&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 134268 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=134268&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 134268 03/11/2026 The board, by resolution, may approve the application if it finds that:(1) the application and the assistance applied for meet the requirements of this subchapter and board rules;(2) the revenue or taxes, or both revenue and taxes, pledged by the applicant will be sufficient to meet all obligations assumed by the political subdivision; and(3) the project will meet water needs in a manner consistent with the state and regional water plans as required by Texas Water Code, §16.053(j). Source Note: The provisions of this §363.1209 adopted to be effective December 25, 2007, 32 TexReg 9721. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS L WATER INFRASTRUCTURE FUND §363.1209 Findings Required https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=134269&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 134269 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=134269&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 134269 03/11/2026 At the conclusion of the meeting to consider the project, the board may resolve to approve, disapprove, approve with conditions, or continue consideration of the application. A commitment will include a date after which the financial assistance will no longer be available. That date shall be the end of that month which is twelve months from the month of commitment. Source Note: The provisions of this §363.1210 adopted to be effective December 25, 2007, 32 TexReg 9721. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS L WATER INFRASTRUCTURE FUND §363.1210 Action of the Board on Application https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169996&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 169996 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169996&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 169996 03/11/2026 This subchapter shall govern the board's programs of financial assistance under the following programs established by the Texas Water Code, Chapter 15, Subchapters G and H. Unless in conflict with the provisions of this subchapter, the provisions of Subchapter A of this chapter (relating to General Provisions) shall apply to projects under this subchapter. Source Note: The provisions of this §363.1301 adopted to be effective November 26, 2014, 39 TexReg 9209. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS M STATE WATER IMPLEMENTATION FUND FOR TEXAS AND STATE WATER IMPLEMENTATION REVENUE FUND FOR TEXAS §363.1301 Scope of Subchapter M https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169997&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 169997 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169997&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 169997 03/11/2026 The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Agricultural water conservation--Those practices, techniques or technologies used in agriculture, as defined in Texas Agriculture Code, which will improve the efficiency of the use of water and further water conservation in the state, including but not limited to those programs or projects defined in Texas Water Code §§17.871 - 17.912.(2) Agricultural irrigation project--Those projects which improve water delivery or application efficiency on agricultural lands, or involve purchase and installation on agricultural public or private property of new water sources, new irrigation systems, or devices designed to indicate the amount of water withdrawn for agricultural irrigation purposes.(3) Alternate facility--A construction project that would be necessary to serve the excess capacity of the area to be served by the facility in the event that the facility was not initially constructed to meet the excess capacity.(4) Commission--The Texas Commission on Environmental Quality or its successor.(5) Entity--A political subdivision or nonprofit water supply or sewer service corporation.(6) Excess capacity--The difference between the foreseeable needs of the area to be served by the useful life of the facility and the existing needs for the area to be served by the facility.(7) Executive administrator--The executive administrator of the board or a designated representative.(8) Existing needs--Maximum capacity necessary for service to the area receiving service from the facility for current population and including the service necessary to serve the estimated population in the area ten years from the date of the application.(9) Facility--A regional facility for which an application has been submitted requesting board participation and that includes sufficient capacity to serve the existing needs of the applicant and excess capacity.(10) Historically Underutilized Business--The meaning assigned by Government Code §2161.001, and the regulations adopted pursuant thereto.(11) Household Cost Factor--The average annual cost of service per household divided by the median household income.(12) Nonprofit water supply or sewer service corporation--A water or sewer service corporation operating under Texas Water Code, Chapter 67.(13) Political subdivision--Includes a city, county, district or authority created under the Texas Constitution Article III, Section 52, or Article XVI, Section 59, any other political subdivision of the state, any interstate compact commission to which the state is a party, and any nonprofit water supply corporation created and operating under Texas Water Code, Chapter 67.(14) Reuse--The beneficial use of groundwater or surface water that has already been beneficially used.(15) Rural political subdivision--A nonprofit water supply or sewer service corporation, district, or municipality with a service area of 10,000 or less in population based upon the most current data available from the U.S. Bureau of the Census or board-approved projections, or that otherwise qualifies for financing from a federal agency; or a county in which no urban political subdivision exceeds 50,000 in population based upon the most current data available from the U.S. Bureau of the Census or board-approved projections.(16) Rural population--Residents of a rural political subdivision.(17) Urban population--Residents of a political subdivision with a population of more than 10,000 individuals based upon the most current data available from the U.S. Bureau of the Census or board-approved projections.(18) Water conservation--Those practices, techniques, programs, and technologies that will protect water resources, reduce the consumption of water, reduce the loss or waste of water, or improve the efficiency in the use of water, so that a water supply is made available for future or alternative uses.(19) Water plan project--A project that is a recommended water management strategy in the current board-adopted state water plan.(20) Water supply need--Projected water demands in excess of existing supply as identified in the state water plan. Source Note: The provisions of this §363.1302 adopted to be effective November 26, 2014, 39 TexReg 9209. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS M STATE WATER IMPLEMENTATION FUND FOR TEXAS AND STATE WATER IMPLEMENTATION REVENUE FUND FOR TEXAS §363.1302 Definition of Terms https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203455&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 203455 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203455&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 203455 03/11/2026 (a) The board will establish deadlines for application submittals. The executive administrator will provide the prioritization of those applications to the board for approval as soon thereafter as practicable. To be considered for prioritization, an applicant must provide adequate information to establish that the applicant qualifies for funding, to describe the project comprehensively, and to establish the cost of the project, as well as any other information requested by the executive administrator. The executive administrator will develop and provide an abridged application to gather information necessary for prioritization. If an applicant submits an abridged application for prioritization purposes, the applicant must submit a complete application to the board by the deadline established by the executive administrator, or the project will lose its priority ranking and the board may commit to other projects consistent with the prioritization.(b) For each application that the executive administrator has determined has adequate information for prioritization purposes and prior to each board meeting at which applications may be considered for prioritization, the executive administrator shall:(1) prioritize the applications by the criteria identified in §363.1304 of this title (relating to Prioritization Criteria); and(2) provide to the board a prioritized list of all complete applications as recommended by the executive administrator, the amount of funds requested, and the priority of each application received.(c) The board will identify the amount of funds available from SWIFT and SWIRFT for new applications by category, establish the structure of financing and the terms of any subsidy, and will consider applications according to §363.1304 of this title. The board reserves the right to limit the amount of funding available to an individual entity. Source Note: The provisions of this §363.1303 adopted to be effective November 26, 2014, 39 TexReg 9209; amended to be effective February 3, 2021, 46 TexReg 832. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS M STATE WATER IMPLEMENTATION FUND FOR TEXAS AND STATE WATER IMPLEMENTATION REVENUE FUND FOR TEXAS §363.1303 Prioritization System https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208745&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 208745 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208745&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 208745 03/11/2026 The executive administrator will prioritize applications based on the following point system:(1) Projects will be evaluated on the criteria provided in paragraphs (2) - (5) of this section. The points awarded for paragraphs (2) - (5) of this section shall be the lesser of the sum of the points for paragraphs (2) - (5) of this section, or 50 points.(2) Either stand-alone projects or projects in conjunction with other recommended water management strategies relying on the same volume of water that the project relies on, in accordance with Chapter 357 of this title (relating to Regional Water Planning), that will serve in total when the project water supply volume is fully operational:(A) at least 10,000 population, but not more than 249,999 population, 6 points; or(B) at least 250,000 population, but not more than 499,999 population, 12 points; or(C) at least 500,000 population, but not more than 749,999 population, 18 points; or(D) at least 750,000 population, but not more than 999,999 population, 24 points; or(E) at least 1,000,000 population, 30 points; or(F) less than 10,000 population, zero points.(3) Projects that will serve a diverse urban and rural population:(A) serves one or more urban populations and one rural population, 10 points; and(B) for each additional rural population served, 4 points up to a maximum of 30 points; or(C) serves only an urban population, or only a rural population, zero points.(4) As specified in the application, projects which provide regionalization:(A) serves additional entities other than the applicant, 5 points per each political subdivision served for a maximum of 30 points; or(B) serves only applicant, zero points.(5) Projects that meet a high percentage of the water supply needs of the water users to be served calculated from those served and needs that will be met during the first decade the project becomes operational, based on state water plan data:(A) at least 50 percent of needs met, 10 points; or(B) at least 75 percent of needs met, 20 points; or(C) at least 100 percent of needs met, 30 points; or(D) less than 50 percent of needs met, zero points.(6) Projects will receive additional points of the project's score on each of the criteria of paragraphs (17) - (12) of this section.(7) Local contribution to be made to implement the project, including federal funding, and including up-front capital, such as funds already invested in the project or cash on hand and/or in-kind services to be invested in the project, provided that points will not be given for principal forgiveness or grants from the board:(A) other funding at least 10 percent, but not more than 19 percent, of total project cost, 1 point; or(B) other funding at least 20 percent, but not more than 29 percent, of total project cost, 2 points; or(C) other funding at least 30 percent, but not more than 39 percent, of total project cost, 3 points; or(D) other funding at least 40 percent, but not more than 49 percent, of total project cost, 4 points; or(E) other funding at least 50 percent of total project cost, 5 points; or(F) other funding less than 10 percent of total project cost, zero points.(8) Financial capacity of the applicant to repay the financial assistance provided:(A) applicant's household cost factor is less than or equal to 1 percent, 2 points; or(B) applicant's household cost factor is greater than 1 percent but not more than 2 percent, 1 point; or(C) applicant's household cost factor is greater than 2 percent, zero points.(9) Projects which address an emergency need:(A) applicant, or entity to be served by the project, is included on the list maintained by the Commission of local public water systems that have a water supply that will last less than 180 days without additional rainfall, or is otherwise affected by a Commission emergency order, and drought contingency plan has been implemented by the applicant or entity to be served, 3 points; plus(B) water supply need is anticipated to occur in an earlier decade than identified in the most recent state water plan, 1 point; plus(C) applicant has used or applied for federal funding for emergency, 1 point; or(D) none of the above, zero points.(10) Projects which are ready to proceed:(A) preliminary planning and/or design work (30 percent of project total) has been completed or is not required for the project, 3 points; plus(B) applicant is able to begin implementing or constructing the project within 18 months of application deadline, 3 points; plus(C) applicant has acquired all water rights associated with the project or no water rights are required for the project, 2 points; or(D) none of the above, zero points.(11) Entities that have demonstrated water conservation or projects which will achieve water conservation, including preventing the loss of water:(A) for municipal projects, applicant has already demonstrated significant water conservation savings, as determined by comparing the highest rolling four-year average total gallons per capita per day within the last twenty years to the average total gallons per capita per day for the most recent four-year period based on board water use data; or significant water conservation savings will be achieved by implementing the proposed project, as determined by comparing the conservation to be achieved by the project with the average total gallons per capita per day for most recent four-year period:(i) 2 to 5.9 percent total gallons per capita per day reduction, 2 points; or(ii) 6 to 9.9 percent total gallons per capita per day reduction, 4 points; or(iii) 10 to 13.9 percent total gallons per capita per day reduction, 6 points; or(iv) 14 to 17.9 percent total gallons per capita per day reduction, 8 points; or(v) 18 percent or greater total gallons per capita per day reduction, 10 points; or(vi) less than 2 percent total gallons per capita per day reduction, zero points.(B) for municipal projects, applicant has achieved the water loss threshold established by §358.6 of this title (relating to Water Loss Audits), as demonstrated by most recently submitted water loss audit:(i) less than the threshold, 5 points; or(ii) at or above the threshold, zero points.(C) for wholesale water providers, applicant has already demonstrated significant water conservation savings, as determined by comparing the highest rolling four-year average total gallons per capita per day within the last twenty years to the average total gallons per capita per day for the most recent four-year period based on board water use data for customers affiliated with the application; or significant water conservation savings will be achieved by implementing the proposed project, as determined by comparing the conservation to be achieved by the project with the average total gallons per capita per day for the most recent four-year period for customers affiliated with the application.(i) 2 to 5.9 percent total gallons per capita per day reduction, 2 points; or(ii) 6 to 9.9 percent total gallons per capita per day reduction, 4 points; or(iii) 10 to 13.9 percent total gallons per capita per day reduction, 6 points; or(iv) 14 to 17.9 percent total gallons per capita per day reduction, 8 points; or(v) 18 percent or greater total gallons per capita per day reduction, 10 points; or(vi) less than 2 percent total gallons per capita per day reduction, zero points.(D) for agricultural projects, significant water efficiency improvements will be achieved by implementing the proposed project, as determined by the projected percent improvement:(i) 1 to 1.9 percent increase in water use efficiency, 1 point; or(ii) 2 to 5.9 percent increase in water use efficiency, 3 points; or(iii) 6 to 9.9 percent increase in water use efficiency, 6 points; or(iv) 10 to 13.9 percent increase in water use efficiency, 9 points; or(v) 14 to 17.9 percent increase in water use efficiency, 12 points; or(vi) 18 percent or greater increase in water use efficiency, 15 points; or(vii) less than 1 percent increase in water use efficiency, zero points.(12) If two or more projects receive the same priority ranking, priority will be assigned based on the relative score(s) from paragraph (11) of this section. If after considering the relative scores of the projects based on the criteria of paragraph (11) of this section, then priority will be assigned based on the relative score(s) from paragraph (9) of this section. Source Note: The provisions of this §363.1304 adopted to be effective November 26, 2014, 39 TexReg 9209; amended to be effective February 3, 2021, 46 TexReg 832; amended to be effective May 1, 2022, 47 TexReg 2550. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS M STATE WATER IMPLEMENTATION FUND FOR TEXAS AND STATE WATER IMPLEMENTATION REVENUE FUND FOR TEXAS §363.1304 Prioritization Criteria https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=170000&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 170000 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=170000&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 170000 03/11/2026 (a) The board may use the funds for financial assistance to political subdivisions as follows:(1) to make loans at or below market interest rates, but not lower than 50 percent of the board's market rate;(2) to make loans with terms not to exceed the lesser of:(A) the expected useful life of the project assets; or(B) 30 years;(3) to defer loan repayments, including deferral of principal and interest or accrued interest under criteria developed by the board;(4) to make loans with incremental repurchase terms for an acquired facility, including terms for no initial repurchase payment followed by progressively increasing incremental levels of interest payment, repurchase of principal and interest, and ultimate repurchase of the entire state interest in the facility using simple interest calculations; or(5) a combination of the financing outlined in paragraphs (1) - (4) of this subsection.(b) The board may make funding available under subsection (a) of this section only for implementation of water plan projects. Source Note: The provisions of this §363.1305 adopted to be effective November 26, 2014, 39 TexReg 9209. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS M STATE WATER IMPLEMENTATION FUND FOR TEXAS AND STATE WATER IMPLEMENTATION REVENUE FUND FOR TEXAS §363.1305 Use of Funds https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=170001&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 170001 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=170001&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 170001 03/11/2026 For loans from the SWIFT and SWIRFT, the following procedures will be used to set interest rates.(1) The executive administrator will set interest rates under this section for loans on a date that is at least five business days prior to the political subdivision's anticipated adoption of the ordinance or resolution authorizing its bonds and not more than 45 days before the anticipated closing of the loan from the board. After 45 days from the establishment of the interest rate of a loan, rates will be reconsidered, and may be extended only with the approval of the executive administrator.(2) For loans from the fund, the executive administrator will set the interest rates in accordance with the following:(A) To the extent that the source of funding is provided from bond proceeds, the lending rate scale(s) will be determined as provided under §363.33(b) of this title (relating to Interest Rates for Loans and Purchase of Board's Interest in State Participation Projects).(B) The loan interest rate will be determined based on a debt service schedule acceptable to the executive administrator. The executive administrator will identify the appropriate scale for the borrower and identify the market rate for the maturity due in each year. The board may set an interest rate subsidy. The executive administrator will reduce the market rate by a subsidy as determined by the board and thereby identify a proposed loan interest rate for each maturity. The proposed loan interest rate will be applied to the proposed principal repayment schedule. In no instance shall the subsidy determined by the board exceed 50 percent of the market rate.(C) For loans made under §363.1305(a)(4) of this subchapter (relating to Use of Funds), which receive deferred principal and interest payments, the executive administrator will identify the appropriate scale for the borrower and identify the market rate for the maturity due in each year. The board may set an interest rate subsidy. The executive administrator will reduce the market rate by a subsidy as determined by the board and thereby identify a proposed loan interest rate for each maturity. The proposed loan interest rate will be applied to the proposed principal repayment schedule. Source Note: The provisions of this §363.1306 adopted to be effective November 26, 2014, 39 TexReg 9209. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS M STATE WATER IMPLEMENTATION FUND FOR TEXAS AND STATE WATER IMPLEMENTATION REVENUE FUND FOR TEXAS §363.1306 Interest Rates for Loans https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203457&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 203457 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203457&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 203457 03/11/2026 (a) This loan application option will provide an eligible applicant that meets all applicable board requirements an alternative to secure a commitment and close a loan for the pre-design, design or construction costs associated with funding of a project under §363.1305 of this subchapter (relating to Use of Funds). Under this option, a loan may be closed and funds necessary to complete planning and design activities released. If planning requirements have not been satisfied, design and construction funds will be held or escrowed and released in the sequence described in this section. Following completion of planning activities and environmental assessment, the executive administrator may require the applicant to make changes in order to proceed with the project. If the portion of a project associated with funds in escrow cannot proceed, the loan recipient shall use the escrowed funds to redeem bonds purchased by the board in inverse order of maturity.(b) Reservoir projects are eligible for a board commitment to fund planning, permitting, acquisition, and design costs under this option. Applicants for reservoir construction funds must complete planning, permitting, acquisition, and design before receiving a commitment to fund reservoir construction costs.(c) The executive administrator may recommend to the board the use of this section if, based on available information, there appear to be no significant permitting, environmental, engineering, or financial issues associated with the project. An application for pre-design funding may be considered by the board despite a negative recommendation from the executive administrator.(d) Applications for pre-design funding must include the following information:(1) for loans including construction cost, preliminary engineering feasibility report, which will include at minimum: a description and purpose of the project; area maps or drawings as necessary to fully locate the project area(s); a proposed project schedule; estimated project costs and budget including sources of funds; current and future populations and projected water needs and sources; and a discussion of known permitting, social or environmental issues which may affect the alternatives considered and the implementation of the proposed project;(2) contracts for engineering services, which may be in draft form;(3) evidence that an approved water conservation plan will be adopted prior to closing;(4) all information required in §363.12 of this chapter (relating to General, Legal and Fiscal Information); and(5) any additional information the executive administrator may request to complete evaluation of the application.(e) After board commitment and completion of all closing and release prerequisites as specified in §363.42 of this chapter (relating to Loan Closing) and §363.43 of this chapter (relating to Release of Funds), funds will be released in the following sequence:(1) for planning and permitting costs, after receipt of executed contracts for the planning or permitting phase;(2) for acquisition and design costs, after receipt of executed contracts for the design phase and upon approval of an engineering feasibility report as specified in §363.13 of this chapter (relating to Preliminary Engineering Feasibility Report) and compliance with §363.14 of this chapter (relating to Environmental Assessment); and(3) for construction costs, after issuance of any applicable permits, and after bid documents are approved and executed construction documents are contingently awarded.(f) The executive administrator will use preliminary environmental data provided by the applicant, as specified in subsection (d) of this section, together with information available to the executive administrator, and make a written report to the board on known or potential significant social or environmental concerns.(g) The executive administrator will advise the board concerning projects that involve major economic or administrative impacts to the applicant resulting from environmentally related special mitigative or precautionary measures from an environmental assessment under §363.14 of this chapter. Source Note: The provisions of this §363.1307 adopted to be effective November 26, 2014, 39 TexReg 9209; amended to be effective February 3, 2021, 46 TexReg 832. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS M STATE WATER IMPLEMENTATION FUND FOR TEXAS AND STATE WATER IMPLEMENTATION REVENUE FUND FOR TEXAS §363.1307 Pre-design Funding Option https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=170002&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 170002 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=170002&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 170002 03/11/2026 (a) Board Participation. Unless otherwise directed by legislation, the board will only use the SWIFT or SWIRFT to provide financial assistance for all or a part of the cost to construct the excess capacity of a water plan project where:(1) at least 20 percent of the total facility capacity of the proposed project will serve existing need; or(2) the applicant will finance at least 20 percent of the total project cost from sources other than Board Participation from the SWIFT and SWIRFT.(b) Application for Assistance. In addition to the information required in §363.12 of this chapter (relating to General, Legal, and Fiscal Information) and §363.1307 of this subchapter (relating to Pre-design Funding Option) and any other information that may be required by the executive administrator or the board, the applicant shall provide:(1) a proposed schedule for purchase of the board's interest in the project;(2) information to demonstrate the findings required in §363.1309 of this subchapter (relating to Findings Required);(3) if payment under the master agreement is based either wholly or in part from revenues of contracts with others, a copy of any actual or proposed contracts under which applicant's gross income is expected to accrue. Prior to release of funds, an applicant shall submit executed copies of such contracts to the executive administrator; and(4) if an election is required by law to authorize participation in the project, the executive administrator may require applicant to provide the election date and election results as to each proposition necessary for the participation of the applicant as part of the application.(c) Determination. The board may provide funding for board participation from SWIFT and SWIRFT when the information available to the board is sufficient for the board to determine that:(1) it is reasonable to expect that the state will recover its investment in the facility based upon a determination that the revenue to be generated by the projected number of customers served by the facility will be sufficient to purchase the excess capacity owned by the state;(2) the estimated cost of the facility as set forth in the application exceeds the current financing capabilities of the area to be served by the facility based on a review of the existing rates of the applicant available for payment of the facility collected from the number of connections at the end of construction and other revenues available for payment of the facility;(3) the optimum regional development cannot be reasonably financed by local interests based on an assessment of the estimated cost to construct the alternate facility and the revenue to be generated by the projected number of customers of the facility;(4) the public interest will be served by acquisition of the facility based on a determination that the cost of the facility to the public is reduced by the board's participation in the facility; and(5) the facility to be constructed or reconstructed contemplates the optimum regional development which is reasonably required under all existing circumstances of the site based on a determination that design capacity of the components of the facility are sufficient to meet the foreseeable needs of the area over the useful life of the facility.(d) Master Agreement. The board and the political subdivision shall enter into and execute a master agreement the text of which shall include, but not be limited to, the responsibilities, duties, and liabilities of each party, including the responsibility of a designated political subdivision to assure that proper procedures are observed in advertising for bids and selecting a bidder to construct the project; the board's cost of acquisition; procedures for disbursement of board funds for the project; recognition of a political subdivision's right of first refusal prior to any sale of the board's interest in the project; a non-competitive clause; a schedule for purchase of the board's interest in the project by the political subdivision; and any other provisions deemed appropriate and necessary by the board.(e) Construction. On projects to be constructed or enlarged by a political subdivision or subdivisions, one political subdivision may be designated under an agreement with the board to act as manager for the project and perform the functions customarily performed by a manager-owner.(f) Disbursement of State Funds. State funds expended for the acquisition and/or development of facilities in a project shall be disbursed in accordance with the provisions of the master agreement and any other contracts by the board pursuant thereto.(g) Acquisition of Board's Ownership Interest.(1) A prospective political subdivision purchaser of the board's ownership interest in a facility or of the use of such board interest other than under terms specified in the master agreement shall submit an application in the form and number prescribed by the executive administrator. The executive administrator may request any additional information needed to evaluate the application, and may return any incomplete application.(2) Upon receipt of an application by a prospective purchaser of the board's ownership interest in a facility or use of the facility, the board will send notice of its receipt by regular United States mail to all co-owners of the facility, and any users of the facility or water from the facility.(3) The application shall be scheduled on the board's agenda, and representatives of the prospective purchaser and other interested parties shall be notified of the time of the meeting. At the conclusion of the meeting to consider the project, the board may resolve to approve, disapprove, approve with conditions, or continue consideration of the application. A commitment will include a date after which the financial assistance will no longer be available. That date shall be the end of that month which is twelve months from the month of board commitment.(4) If the board approves the application, a transfer resolution will be adopted which shall prescribe the terms and conditions necessary for the sale, transfer, or lease, if such terms have not been specified in the master agreement between the board and political subdivision.(5) Before the board's adoption of the transfer resolution, the executive administrator shall negotiate a transfer agreement with the prospective purchaser regarding the sale, transfer, or lease of board-owned interests. The transfer agreement shall include the interest transferred, the character of the interest transferred, the formula used to compute the price to be paid for the facilities to be acquired, provisions governing lease or rental of facilities, a hold harmless clause, recognition of the right of first refusal of any of the participating political subdivisions, a clause stating the conditions under which the contract may be terminated, and other provisions appropriate to the subject of the transfer agreement including provisions setting standards for operation and maintenance of the project. The attorney general of Texas shall approve as to legality any contract authorized under this subchapter. Source Note: The provisions of this §363.1308 adopted to be effective November 26, 2014, 39 TexReg 9209. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS M STATE WATER IMPLEMENTATION FUND FOR TEXAS AND STATE WATER IMPLEMENTATION REVENUE FUND FOR TEXAS §363.1308 Board Participation Program https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208746&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 208746 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208746&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 208746 03/11/2026 (a) The executive administrator shall submit the application for financing under this subchapter to the board with comments concerning financial assistance. The application will be scheduled on the agenda for board consideration at the earliest practical date. The applicant and other interested parties known to the board shall be notified on the time and place of such meeting.(b) The board shall grant the application only if the board finds that at the time the application for financial assistance was made that:(1) the applicant has submitted and implemented a water conservation plan in accordance with Texas Water Code §16.4021 and §363.15 of this chapter; and(2) the applicant has acknowledged its legal obligation to comply with any applicable requirements of federal law relating to contracting with disadvantaged business enterprises, and any applicable state law relating to contracting with historically underutilized businesses. Source Note: The provisions of this §363.1309 adopted to be effective November 26, 2014, 39 TexReg 9209; amended to be effective February 3, 2021, 46 TexReg 832; amended to be effective May 1, 2022, 47 TexReg 2550. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS M STATE WATER IMPLEMENTATION FUND FOR TEXAS AND STATE WATER IMPLEMENTATION REVENUE FUND FOR TEXAS §363.1309 Findings Required https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=170004&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 170004 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=170004&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 170004 03/11/2026 At the conclusion of the meeting to consider the project for financing under this subchapter, the board may resolve to approve, disapprove, approve with conditions, including requiring the applicant to retain professional project management assistance, or continue consideration of the application. A commitment will include a date after which the financial assistance will no longer be available. Source Note: The provisions of this §363.1310 adopted to be effective November 26, 2014, 39 TexReg 9209. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS M STATE WATER IMPLEMENTATION FUND FOR TEXAS AND STATE WATER IMPLEMENTATION REVENUE FUND FOR TEXAS §363.1310 Action of the Board on Application https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=170005&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 170005 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=170005&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 170005 03/11/2026 (a) After the loan closing of a project and release of funds to the political subdivision, the executive administrator shall determine what portion of the project funds, if any, qualify as funding for:(1) rural political subdivisions;(2) agricultural water conservation;(3) water conservation, including agricultural irrigation projects designed for water conservation; or(4) reuse, including agricultural irrigation projects designed for reuse.(b) For project costs that cannot be assigned to either a qualifying category and non-qualifying portions of the project, the executive administrator will allocate costs proportionately.(c) The executive administrator will include in the biennial report to the Legislature required by Texas Water Code §15.440, the percentage of SWIFT and SWIRFT funds used to support rural political subdivisions and agricultural water conservation, and the percentage of SWIFT and SWIRFT funds used to support water conservation or reuse, including agricultural irrigation projects, that are designed for water conservation or reuse. The executive administrator will post this information on the board's internet website along with an explanation for the allocation. Source Note: The provisions of this §363.1311 adopted to be effective November 26, 2014, 39 TexReg 9209. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS M STATE WATER IMPLEMENTATION FUND FOR TEXAS AND STATE WATER IMPLEMENTATION REVENUE FUND FOR TEXAS §363.1311 Rural and Water Conservation Reporting https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=170006&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 170006 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=170006&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 170006 03/11/2026 The political subdivision receiving financial assistance from the board shall report to the executive administrator the amounts of project funds, if any, which were used to compensate historically underutilized businesses that worked on the project. The executive administrator shall not issue a certificate of approval on a project until this report has been received. Source Note: The provisions of this §363.1312 adopted to be effective November 26, 2014, 39 TexReg 9209. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS M STATE WATER IMPLEMENTATION FUND FOR TEXAS AND STATE WATER IMPLEMENTATION REVENUE FUND FOR TEXAS §363.1312 Reporting Requirements Regarding Historically Underutilized Businesses https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224873&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 224873 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224873&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 224873 03/11/2026 This subchapter shall govern the board's programs of financial assistance under Texas Water Code, Chapter 15, Subchapter C-1. Unless in conflict with the provisions of this subchapter, the provisions of Subchapter A of this chapter (relating to General Provisions) apply to projects under this subchapter. Source Note: The provisions of this §363.1401 adopted to be effective May 4, 2025, 50 TexReg 2604. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS N NEW WATER SUPPLY FOR TEXAS FUND §363.1401 Scope of Subchapter N https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224874&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 224874 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224874&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 224874 03/11/2026 The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise.(1) Fund--The New Water Supply for Texas Fund.(2) Brackish--Water above 1,000 milligrams per liter of total dissolved solids (TDS).(3) New Water Supply--Means only:(A) Marine and Brackish water desalination projects;(B) Produced water treatment projects, other than projects that are only for purposes of disposal of or supply of water related to oil and gas exploration; (C) Aquifer storage and recovery projects; (D) Water supply projects of any type, that result in the acquisition or delivery of water from states other than Texas to locations within Texas; and(E) The development of infrastructure to transport water that is made available by a project listed in (A) - (D). (4) Water Need--Has the meaning assigned by §357.10 of this Title. (5) Water User Group--Has the meaning assigned by §357.10 of this Title. Source Note: The provisions of this §363.1402 adopted to be effective May 4, 2025, 50 TexReg 2604. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS N NEW WATER SUPPLY FOR TEXAS FUND §363.1402 Definition of Terms https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224875&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 224875 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224875&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 224875 03/11/2026 (a) The board may use the Fund for financial assistance to an eligible political subdivision for a New Water Supply project. (b) The board may use the Fund to make transfers to eligible programs. (c) The board reserves the right to limit the amount of financial assistance available to an individual entity. (d) Financial assistance may not be used for expenses associated with the maintenance or operation of a New Water Supply project. Source Note: The provisions of this §363.1403 adopted to be effective May 4, 2025, 50 TexReg 2604. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS N NEW WATER SUPPLY FOR TEXAS FUND §363.1403 Use of Funds https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224876&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 224876 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224876&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 224876 03/11/2026 (a) Periodically, or at the request of the board, the executive administrator will present to the board:(1) a statement of the total money available to the Fund; and(2) a recommendation identifying the amount of money from the Fund that may be made available to eligible applicants for financial assistance, including any subsidies. (b) The board may approve the final allocations of money from the Fund for different purposes;(c) Upon the approval of the board, the executive administrator will publish notice requesting applications for projects, which will identify the timing for mandatory preapplication meetings, and must include:(1) the funds available for New Water Supply projects;(2) the types of projects for which applications are being solicited;(3) eligibility criteria;(4) structure of financial assistance;(5) the method and criteria for evaluation and approval of applications by the board;(6) any requirements to be applied to the use of financial assistance in addition to the requirements set forth in this chapter; and(7) the date by which the application must be submitted to the executive administrator. Source Note: The provisions of this §363.1404 adopted to be effective May 4, 2025, 50 TexReg 2604. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS N NEW WATER SUPPLY FOR TEXAS FUND §363.1404 Determination of Availability https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224877&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 224877 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224877&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 224877 03/11/2026 (a) All applications must include:(1) Evidence the applicant has conducted, with appropriate notice, a public hearing concerning the project; (2) Information, sufficient for the board's consideration of the application, regarding the intended end users of the water supply, the needs of the area to be served by the project, the expected benefit of the project to the area, the relationship of the project to the water supply needs of this state overall, and the relationship of the project to the state water plan; and(3) The total cost of the project, the total volume of annual water supply, the unit cost of the water supply, the reliability of the water supply, the timeline for development, and the potential impacts of the project, all of which must be developed and provided by the applicant as part of the application in accordance with all requirements of §357.34(e) of this Title (related to Identification and Evaluation of Potentially Feasible Water Management Strategies and Water Management Strategy Projects) and associated guidance.(b) Applications may include letters of support from regional water planning groups, wholesale or retail water suppliers, customers, or any other member of the public that would be affected by the project. Source Note: The provisions of this §363.1405 adopted to be effective May 4, 2025, 50 TexReg 2604. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS N NEW WATER SUPPLY FOR TEXAS FUND §363.1405 Complete Application Requirements https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224878&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 224878 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224878&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 224878 03/11/2026 When evaluating applications the board may consider:(1) The sponsor of the project;(2) The availability of money or revenue to the political subdivision from all sources for the ultimate repayment of the cost of the project, including all interest;(3) The Water User Groups to be served by the project and the volume of water supply allocated to each; (4) The identified Water Needs of the benefitting Water User Groups to be served by the project;(5) The expected water supply benefit relative to the Water Needs associated with the Water User Group beneficiaries;(6) The relationship of the project to the Water Needs of the state overall as defined by §357.10;.(7) The relationship of the project to the state water plan;(8) Any information contained in the application; and(9) Any additional information requested by the executive administrator as necessary to complete the financial, legal, engineering, and environmental reviews. Source Note: The provisions of this §363.1406 adopted to be effective May 4, 2025, 50 TexReg 2604. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS N NEW WATER SUPPLY FOR TEXAS FUND §363.1406 Consideration of Applications https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224879&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 224879 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224879&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 224879 03/11/2026 (a) The executive administrator must submit applications for financing under this subchapter to the board with comments concerning financial assistance. The application will be scheduled on the agenda for board consideration at the earliest practical date. The applicant and other interested parties known to the board must be notified of the time and place of such meeting.(b) The board may grant the application only if the board finds that at the time the application for financial assistance was made:(1) The public interest is served by state assistance for the project; and(2) For an application for financial assistance for which repayment is expected, the money or revenue pledged by the political subdivision will be sufficient to meet all obligations assumed by the political subdivision during the term of the financial assistance. Source Note: The provisions of this §363.1407 adopted to be effective May 4, 2025, 50 TexReg 2604. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS N NEW WATER SUPPLY FOR TEXAS FUND §363.1407 Findings Required https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224880&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 224880 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224880&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 224880 03/11/2026 (a) The board must determine the amount and form of financial assistance and the amount and form of repayment. (b) The board will determine the method of evidence of debt. (c) Financial assistance from the Fund may provide for repayment terms of up to 30 years, in the board's discretion. Source Note: The provisions of this §363.1408 adopted to be effective May 4, 2025, 50 TexReg 2604. 10 TEXAS WATER DEVELOPMENT BOARD 363 FINANCIAL ASSISTANCE PROGRAMS N NEW WATER SUPPLY FOR TEXAS FUND §363.1408 Terms of Financial Assistance https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=73356&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 73356 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=73356&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 73356 03/11/2026 This chapter contains model rules which the Texas Water Development Board (board) is required to adopt in accordance with Texas Water Code, §16.343. Before an application for financial assistance from Economically Distressed Areas Program as specified in Chapter 355, Subchapter B of this title or Chapter 363, Subchapter E of this title may be considered by the board, the applicant shall provide documentation satisfactory in form and in substance that the municipality, if applicable, and county in which the applicant is located has adopted the necessary orders, ordinances, or other rules that meet the requirements of the Model Subdivision Rules contained in Subchapter B of this chapter. Source Note: The provisions of this §364.1 adopted to be effective February 10, 2000, 25 TexReg 800. 10 TEXAS WATER DEVELOPMENT BOARD 364 MODEL SUBDIVISION RULES A GENERAL PROVISIONS §364.1 Scope of Chapter https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107444&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 107444 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107444&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 107444 03/11/2026 The model rules provide the criteria for assuring that an adequate supply of safe drinking water and adequate safe sewer facilities are available to residential areas in accordance with state standards established by the Texas Department of Health and the Texas Commission on Environmental Quality. The model rules prohibit the establishment of residential developments with lots of five acres or less without adequate water supply and sewer services, prohibit more than one single-family, detached dwelling to be located on each subdivision lot, and establish minimum setbacks to ensure proper operation of water supply and sewer services and to reduce the risk of fire hazards. Source Note: The provisions of this §364.2 adopted to be effective February 10, 2000, 25 TexReg 800; amended to be effective February 10, 2004, 29 TexReg 1203. 10 TEXAS WATER DEVELOPMENT BOARD 364 MODEL SUBDIVISION RULES A GENERAL PROVISIONS §364.2 Purpose https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=73358&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 73358 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=73358&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 73358 03/11/2026 These rules are adopted by ________ County, Texas, under the authority of the Local Government Code, Chapter 232 and Water Code, §16.350. Notwithstanding any provision to the contrary, these rules apply only to a subdivision which creates two or more lots of five acres or less intended for residential purposes. Lots of five acres or less are presumed to be for residential purposes unless the land is restricted to nonresidential uses on the final plat and in all deeds and contracts for deeds. Source Note: The provisions of this §364.11 adopted to be effective February 10, 2000, 25 TexReg 800. 10 TEXAS WATER DEVELOPMENT BOARD 364 MODEL SUBDIVISION RULES B MODEL RULES §364.11 Authority and Scope of Rules https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=73359&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 73359 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=73359&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 73359 03/11/2026 It is the purpose of these rules to promote the public health of the county residents, to ensure that adequate water and wastewater facilities are provided in subdivisions within the jurisdiction of this county, and to apply the minimum state standards for water and wastewater facilities to these subdivisions. Source Note: The provisions of this §364.12 adopted to be effective February 10, 2000, 25 TexReg 800. 10 TEXAS WATER DEVELOPMENT BOARD 364 MODEL SUBDIVISION RULES B MODEL RULES §364.12 Purpose https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=73360&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 73360 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=73360&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 73360 03/11/2026 These rules become effective on the ___ day of __________, _____. Source Note: The provisions of this §364.13 adopted to be effective February 10, 2000, 25 TexReg 800. 10 TEXAS WATER DEVELOPMENT BOARD 364 MODEL SUBDIVISION RULES B MODEL RULES §364.13 Effective Date https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=73361&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 73361 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=73361&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 73361 03/11/2026 Provisions of Order(s) Number ____, adopted on the _____ day of ________, ___, are hereby repealed, except as to such sections which are retained herein. Source Note: The provisions of this §364.14 adopted to be effective February 10, 2000, 25 TexReg 800. 10 TEXAS WATER DEVELOPMENT BOARD 364 MODEL SUBDIVISION RULES B MODEL RULES §364.14 Repealer https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=73362&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 73362 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=73362&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 73362 03/11/2026 (a) The owner of a tract of land located outside the corporate limits of a municipality that divides the tract in any manner that creates two or more lots of five acres or less intended for residential purposes must have a plat of the subdivision prepared. Lots of five acres or less are presumed to be for residential purposes unless the land is restricted to nonresidential uses on the final plat and all deeds and contracts for deeds.(b) No subdivided land shall be sold or conveyed until the subdivider:(1) has received approval of a final plat of the tract; and(2) has filed and recorded with the county clerk of the county in which the tract is located a legally approved plat.(c) A division of a tract is defined as including a metes and bounds description, or any description of less than a whole parcel, in a deed of conveyance or in a contract for a deed, using a contract of sale or other executory contract, lease/purchase agreement, or using any other method to convey property. Source Note: The provisions of this §364.15 adopted to be effective February 10, 2000, 25 TexReg 800. 10 TEXAS WATER DEVELOPMENT BOARD 364 MODEL SUBDIVISION RULES B MODEL RULES §364.15 Plat Required https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=73363&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 73363 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=73363&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 73363 03/11/2026 These rules supersede any conflicting regulations of the county. Source Note: The provisions of this §364.16 adopted to be effective February 10, 2000, 25 TexReg 800. 10 TEXAS WATER DEVELOPMENT BOARD 364 MODEL SUBDIVISION RULES B MODEL RULES §364.16 Supersession https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=73364&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 73364 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=73364&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 73364 03/11/2026 If any part or provision of these regulations, or application thereof, to any person or circumstance is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of these regulations or the application thereof to other persons or circumstances. The commissioners court hereby declares that it would have enacted the remainder of these regulations without any such part, provision or application. Source Note: The provisions of this §364.17 adopted to be effective February 10, 2000, 25 TexReg 800. 10 TEXAS WATER DEVELOPMENT BOARD 364 MODEL SUBDIVISION RULES B MODEL RULES §364.17 Severability https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107447&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 107447 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107447&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 107447 03/11/2026 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 and any of its predecessor or successor entities.(2) Commissioners court (or court)--The commissioners court of ________ County, Texas.(3) County--_________ County, Texas.(4) Drinking water--All water distributed by any agency or individual, public or private, for the purpose of human consumption, use in the preparation of foods or beverages, cleaning any utensil or article used in the course of preparation or consumption of food or beverages for human beings, human bathing, or clothes washing.(5) Engineer--A person licensed and authorized to practice engineering in the State of Texas under the Texas Engineering Practice Act.(6) Final plat--A map or drawing and any accompanying material of a proposed subdivision prepared in a manner suitable for recording in the county records and prepared as described in these regulations.(7) Lot--An undivided tract or parcel of land.(8) Non-public water system--Any water system supplying water for domestic purposes which is not a public water system.(9) OSSF--On-site sewage facilities as that term is defined in rules and/or regulations adopted by the commission, including, but not limited to, 30 TAC Chapter 285.(10) Platted--Recorded with the county in an official plat record.(11) Public water system--A system for the provision to the public of water for human consumption through pipes or other constructed conveyances, which includes all uses described under the definition for drinking water. Such a system must have at least 15 service connections or serve at least 25 individuals at least 60 days out of the year. This term includes any collection, treatment, storage, and distribution facilities under the control of the operator of such system and used primarily in connection with such system; and any collection or pretreatment storage facilities not under such control which are used primarily in connection with such system. Two or more systems with each having a potential to serve less than 15 connections or less than 25 individuals but owned by the same person, firm, or corporation and located on adjacent land will be considered a public water system when the total potential service connections in the combined systems are 15 or greater or if the total number of individuals served by the combined systems total 25 or more at least 60 days out of the year. Without excluding other meanings of the terms "individual" or "served," an individual shall be deemed to be served by a water system if he lives in, uses as his place of employment, or works in a place to which drinking water is supplied from the system.(12) Purchaser--Shall include purchasers under executory contracts for conveyance of real property.(13) Retail public utility--Any entity meeting the definition of a retail public utility as defined in Water Code §13.002.(14) Sewerage facilities--The devices and systems which transport domestic wastewater from residential property, treat the wastewater, and dispose of the treated water in accordance with the minimum state standards contained or referenced in these rules.(15) Subdivider--Any owner of land or authorized agent thereof proposing to divide or dividing land so as to constitute a subdivision.(16) Subdivision--Any tract of land divided into two or more parts that results in the creation of two or more lots of five acres or less intended for residential purposes. A subdivision includes re-subdivision (replat) of land which was previously divided.(17) TAC--Texas Administrative Code, as compiled by the Texas Secretary of State.(18) Water facilities--Any devices and systems which are used in the supply, collection, development, protection, storage, transmission, treatment, and/or retail distribution of water for safe human use and consumption. Source Note: The provisions of this §364.18 adopted to be effective February 10, 2000, 25 TexReg 800; amended to be effective February 10, 2004, 29 TexReg 1203. 10 TEXAS WATER DEVELOPMENT BOARD 364 MODEL SUBDIVISION RULES B MODEL RULES §364.18 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=73365&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 73365 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=73365&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 73365 03/11/2026 The establishment of a residential development with two or more lots of five acres or less where the water supply and sewer services do not meet the minimum standards of this division is prohibited. A subdivision with lots of five acres or less is presumed to be a residential development unless the land is restricted to nonresidential use on the final plat and all deeds and contracts for deeds. Source Note: The provisions of this §364.31 adopted to be effective February 10, 2000, 25 TexReg 800. 10 TEXAS WATER DEVELOPMENT BOARD 364 MODEL SUBDIVISION RULES B MODEL RULES §364.31 Scope of Standards https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107448&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 107448 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107448&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 107448 03/11/2026 (a) Public water systems. (1) Subdividers who propose to supply drinking water by connecting to an existing public water system must provide a written agreement with the retail public utility in substantially the form attached in Appendix 1A. The agreement must provide that the retail public utility has or will have the ability to supply the total flow anticipated from the ultimate development and occupancy of the proposed subdivision for a minimum of 30 years. The agreement must reflect that the subdivider has paid the cost of water meters and other necessary connection equipment, membership fees, water rights acquisition costs, or other fees associated with connection to the public water system so that service is available to each lot upon completion of construction of the water facilities described on the final plat. Attached Graphic(2) Where there is no existing retail public utility to construct and maintain the proposed water facilities, the subdivider shall establish a retail public utility and obtain a Certificate of Convenience and Necessity (CCN) from the commission. The public water system, the water quality and system design, construction and operation shall meet the minimum criteria set forth in 30 TAC §§290.38-290.51 and §§290.101-290.120. If groundwater is to be the source of the water supply, the subdivider shall have prepared and provide a copy of a groundwater availability study that complies with the requirements of 30 TAC §§230.1 through 230.11 for water availability for new public water supply systems and certifies the long term (30 years) quantity and quality of available groundwater supplies relative to the ultimate needs of the subdivision. If surface water is the source of supply, the subdivider shall provide evidence that sufficient water rights have been obtained and dedicated, either through acquisition or wholesale water supply agreement, that will provide a sufficient supply to serve the needs of the subdivision for a term of not less than 30 years. (b) Non-public water systems. Where individual wells or other non-public water systems are proposed for the supply of drinking water to residential establishments, the subdivider shall have prepared and provide a copy of a groundwater availability study that complies with the requirements of 30 TAC §§230.1 through 230.11 for individual water supply wells on individual lots and certifies the long term (30 years) quantity and quality of available groundwater supplies relative to the ultimate needs of the subdivision. The water quality of the water produced from the test well must meet the standards of water quality required for community water systems as set forth in 30 TAC §§290.104, 290.106, 290.108 and 290.109, either: (1) without any treatment to the water; or (2) with treatment by an identified and commercially available water treatment system. (c) Transportation of potable water. The conveyance of potable water by transport truck or other mobile device to supply the domestic needs of the subdivision is not an acceptable method, except on an emergency basis. Absence of a water system meeting the standards of these rules due to the negligence of the subdivider does not constitute an emergency. Source Note: The provisions of this §364.32 adopted to be effective February 10, 2000, 25 TexReg 800; amended to be effective February 10, 2004, 29 TexReg 1203. 10 TEXAS WATER DEVELOPMENT BOARD 364 MODEL SUBDIVISION RULES B MODEL RULES §364.32 Water Facilities Development https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107449&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 107449 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107449&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 107449 03/11/2026 (a) Organized sewerage facilities. (1) Subdividers who propose the development of an organized wastewater collection and treatment system must obtain a permit to dispose of wastes from the commission in accordance with 30 TAC Chapter 305 and obtain approval of engineering planning materials for such systems under 30 TAC Chapter 317 from the commission.(2) Subdividers who propose to dispose of wastewater by connecting to an existing permitted facility must provide a written agreement in substantially the form attached in Appendix 1B with the retail public utility. The agreement must provide that the retail public utility has or will have the ability to treat the total flow anticipated from the ultimate development and occupancy of the proposed subdivision for a minimum of 30 years. The agreement must reflect that the subdivider has paid the cost of all fees associated with connection to the wastewater collection and treatment system have been paid so that service is available to each lot upon completion of construction of the wastewater facilities described on the final plat. Engineering plans for the proposed wastewater collection lines must comply with 30 TAC Chapter 317. Attached Graphic(b) On-site sewerage facilities. (1) On-site facilities which serve single family or multi-family residential dwellings with anticipated wastewater generations of no greater than 5,000 gallons per day must comply with 30 TAC Chapter 285. (2) Proposals for sewerage facilities for the disposal of sewage in the amount of 5,000 gallons per day or greater must comply with 30 TAC Chapter 317. (3) The commission or its authorized agent shall review proposals for on-site sewage disposal systems and make inspections of such systems as necessary to assure that the system is in compliance with the Texas Health and Safety Code, Chapter 366 and rules in 30 TAC Chapter 285, and in particular §§285.4, 285.5 and 285.30-285.39. In addition to the unsatisfactory on-site disposal systems listed in 30 TAC §285.3(i), pit privies and portable toilets are not acceptable waste disposal systems for lots platted under these rules. Source Note: The provisions of this §364.33 adopted to be effective February 10, 2000, 25 TexReg 800; amended to be effective February 10, 2004, 29 TexReg 1203. 10 TEXAS WATER DEVELOPMENT BOARD 364 MODEL SUBDIVISION RULES B MODEL RULES §364.33 Wastewater Disposal https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107450&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 107450 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107450&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 107450 03/11/2026 (a) Organized or municipal sewerage systems. Any proposal for sewage collection, treatment and disposal which includes greywater reuse shall meet minimum criteria of 30 TAC Chapter 210 promulgated and administered by the commission.(b) On-site sewerage facilities. Any proposal for on-site sewage disposal which includes provisions for greywater use shall meet the minimum criteria of 30 TAC Chapter 285. Source Note: The provisions of this §364.34 adopted to be effective February 10, 2000, 25 TexReg 800; amended to be effective February 10, 2004, 29 TexReg 1203. 10 TEXAS WATER DEVELOPMENT BOARD 364 MODEL SUBDIVISION RULES B MODEL RULES §364.34 Greywater Systems for Reuse of Treated Wastewater https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=73369&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 73369 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=73369&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 73369 03/11/2026 The disposal of sludge from water treatment and sewerage facilities shall meet the criteria of 30 TAC Chapter 312 and Chapter 317. Source Note: The provisions of this §364.35 adopted to be effective February 10, 2000, 25 TexReg 800. 10 TEXAS WATER DEVELOPMENT BOARD 364 MODEL SUBDIVISION RULES B MODEL RULES §364.35 Sludge Disposal https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107451&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 107451 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107451&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 107451 03/11/2026 In areas that lack a nationally recognized fire code as listed in Local Government Code, §233.062(c) and lack water lines sized for fire protection, setbacks from roads and right-of-ways shall be a minimum of 10 feet, setbacks from adjacent property lines shall be a minimum of five feet, and shall not conflict with separation or setback distances required by rules governing public utilities, on-site sewerage facilities, or drinking water supplies. Setback lines required elsewhere in the orders or rules of the county shall control to the extent greater setbacks are therein required. Source Note: The provisions of this §364.36 adopted to be effective February 10, 2000, 25 TexReg 800; amended to be effective February 10, 2004, 29 TexReg 1203. 10 TEXAS WATER DEVELOPMENT BOARD 364 MODEL SUBDIVISION RULES B MODEL RULES §364.36 Setbacks https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=73371&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 73371 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=73371&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 73371 03/11/2026 No more than one single family detached dwelling shall be located on each lot. A notation of this restriction shall be placed on the face of the final plat. This restriction shall be placed in all deeds and contracts for deeds for real estate sold within the subdivision. Proposals which include multi-family residential shall include adequate, detailed planning materials as required for determination of proper water and wastewater utility type and design. Source Note: The provisions of this §364.37 adopted to be effective February 10, 2000, 25 TexReg 800. 10 TEXAS WATER DEVELOPMENT BOARD 364 MODEL SUBDIVISION RULES B MODEL RULES §364.37 Number of Dwellings Per Lot https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=73372&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 73372 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=73372&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 73372 03/11/2026 (a) Owner representation. An application for approval of a plat shall be filed with the county by the record owner of the property to be subdivided or the duly authorized agent of the record owner.(b) Standards. Every plat creating two or more lots of five acres or less for residential use shall comply with the standards of Division 2 and the requirements of Division 3 of this subchapter. Source Note: The provisions of this §364.51 adopted to be effective February 10, 2000, 25 TexReg 800. 10 TEXAS WATER DEVELOPMENT BOARD 364 MODEL SUBDIVISION RULES B MODEL RULES §364.51 Applications for Plat Approval https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107456&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 107456 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107456&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 107456 03/11/2026 The final plat shall include on the plat or have attached to the plat an engineering report bearing the signed and dated seal of a professional engineer registered in the State of Texas. The engineering report shall discuss the availability and methodology of providing water facilities and wastewater treatment to individual lots within the subdivision. A detailed cost estimate per lot acceptable to the county shall be provided for those unconstructed water supply and distribution facilities and wastewater collection and treatment facilities which are necessary to serve each lot of the subdivision. The plan shall include a construction schedule for each significant element needed to provide adequate water or wastewater facilities. If financial guarantees are to be provided under §364.54 of this title, the schedule shall include the start dates and completion dates.(1) Public water systems.(A) Where water supplies are to be provided by an existing public water system, the subdivider shall furnish an executed contractual agreement between the subdivider and the retail public utility in substantially the form attached in Appendix 1A and referenced in §364.32(a)(1) of this title. Before final plat approval, plans and specifications for the proposed water facilities shall have been approved by all entities having jurisdiction over the proposed project which may include in addition to the county the commission and the county health department. If groundwater is to be the source of the water supply, the final engineering report shall include a groundwater availability study that complies with the requirements of 30 TAC §§230.1 through 230.11 for water availability for a public water supply systems and certifies the long term (30 years) quantity and quality of available groundwater supplies relative to the ultimate needs of the subdivision.(B) Where there is no existing retail public utility to construct and maintain the proposed water facilities, the subdivider shall establish a retail public utility and obtain a Certificate of Convenience and Necessity (CCN) from the commission and include evidence of the CCN issuance with the plat. Before final plat approval, plans and specifications for the proposed water facilities shall have been approved by all entities having jurisdiction over the proposed project. If groundwater is to be the source of the water supply, the final engineering report shall include a groundwater availability study that complies with the requirements of 30 TAC §§230.1 through 230.11 for water availability for a public water supply systems and certifies the long term (30 years) quantity and quality of available groundwater supplies relative to the ultimate needs of the subdivision. If surface water is the source of supply then the final engineering report shall include evidence that sufficient water rights have been obtained and dedicated, either through acquisition or wholesale water supply agreement, that will provide a sufficient supply to serve the needs of the subdivision for a term of not less than 30 years.(2) Non-public water systems. Where individual wells are proposed for the supply of drinking water to residences, the final engineering report shall include the quantitative and qualitative results of sampling the test wells in accordance with §364.32 of this title. The results of such analyses shall be made available to the prospective property owners. If the water quality of the test well required pursuant to §364.32(b) of this title does not meet the water quality standards as set forth in that section without treatment by an identified and commercially available water treatment system, then the final report must state the type of treatment system that will treat the water produced from the well to the specified water quality standards, the location of at least one commercial establishment within the county at which the system is available for purchase, and the cost of such system, the cost of installation of the system, and the estimated monthly maintenance cost of the treatment system. The final engineering report shall include a groundwater availability study that complies with the requirements of 30 TAC §§230.1 through 230.11 for water availability for individual water supply wells on individual lots and certifies the long term (30 years) quantity and quality of available groundwater supplies relative to the ultimate needs of the subdivision. The description of the required sanitary control easement shall be included.(3) Organized sewerage facilities.(A) Where wastewater treatment is to be provided by an existing retail public utility, the subdivider shall furnish evidence of a contractual agreement between the subdivider and the retail public utility in substantially the form attached in Appendix 1B and referenced in §364.33(a)(2) of this title. Before final plat approval, an appropriate permit to dispose of wastes shall have been obtained from the commission and plans and specifications for the proposed wastewater collection and treatment facilities shall have been approved by all entities having jurisdiction over the proposed project.(B) Where there is no existing retail public utility to construct and maintain the proposed sewerage facilities, the subdivider shall establish a retail public utility and obtain a CCN from the commission. Before final plat approval, a wastewater treatment permit authorizing the treatment of the wastewater for the ultimate build-out population of the subdivision shall have been obtained from the commission and plans and specifications for the proposed sewerage facilities shall have been approved by all entities having jurisdiction over the proposed project.(4) On-site sewerage facilities. Where private on-site sewerage facilities are proposed, the final engineering report shall include planning materials required by 30 TAC §285.4(c), including the site evaluation described by 30 TAC §285.30 and all other information required by the county's OSSF order. Source Note: The provisions of this §364.52 adopted to be effective February 10, 2000, 25 TexReg 800; amended to be effective February 10, 2004, 29 TexReg 1203. 10 TEXAS WATER DEVELOPMENT BOARD 364 MODEL SUBDIVISION RULES B MODEL RULES §364.52 Final Engineering Report https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=73374&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 73374 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=73374&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 73374 03/11/2026 The county may, at its option, require additional information necessary to determine the adequacy of proposed water and wastewater improvements as part of the plat approval process. Such information may include, but not be limited to:(1) layout of proposed street and drainage work;(2) legal description of the property;(3) existing area features;(4) topography;(5) flood plains;(6) description of existing easements;(7) layout of other utilities;(8) notation of deed restrictions;(9) public use areas; or(10) proposed area features. Source Note: The provisions of this §364.53 adopted to be effective February 10, 2000, 25 TexReg 800. 10 TEXAS WATER DEVELOPMENT BOARD 364 MODEL SUBDIVISION RULES B MODEL RULES §364.53 Additional Information https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107457&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 107457 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107457&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 107457 03/11/2026 (a) Applicability. If an adequate public or non-public water system or sewerage facility is not available from a retail public utility, or are not constructed by the subdivider, to serve lots intended for residential purposes of five acres or less at the time final plat approval is sought, then the commissioners court shall require the owner of the subdivided tract to execute an agreement with the county in substantially the form attached in Appendix 2A secured by a bond, irrevocable letter of credit, or other alternative financial guarantee such as a cash deposit which meet the requirements set forth below. Attached Graphic(b) Bonds. A bond that is submitted in compliance with subsection (a) of this section shall meet the following requirements. (1) The bond or financial guarantee shall be payable to the county judge of the county, in his official capacity, or the judge's successor in office. (2) The bond or financial guarantee shall be in an amount determined by the commissioners court to be adequate to ensure proper construction or installation of the public or non-public water facilities, and wastewater facilities to service the subdivision, including reasonable contingencies, but in no event shall the amount of the bond be less than the total amount needed to serve the subdivision as established by the engineer who certifies the plat. (3) The bond shall be executed with sureties as may be approved by the commissioners court. The county shall establish criteria for acceptability of the surety companies issuing bonds that include but are not limited to: (A) registration with the Secretary of State and be authorized to do business in Texas; (B) authorization to issue bonds in the amount required by the commissioners court; and (C) rating of at least B from Best's Key Rating Guide; or if the surety company does not have any such rating due to the length of time it has been a surety company, the surety company must demonstrate eligibility to participate in the surety bond guarantee program of the Small Business Administration and must be an approved surety company listed in the current United States Department of Treasury Circular 570. Such bonds shall meet the criteria contained in the rules and regulations promulgated by the United States Department of Treasury. (4) The bond shall be conditioned upon construction or installation of water and wastewater facilities meeting the criteria established by Division 2 of this subchapter and upon construction of facilities within the time stated on the plat, or on the document attached to the plat for the subdivision, or within any extension of time granted by the commissioners court. (c) Letter of credit. A letter of credit that is submitted in compliance with subsection (a) of this section shall meet the following requirements. (1) Any letter of credit submitted as a financial guarantee for combined amounts greater than $10,000 and less than $250,000 must be from financial institutions which meet the following qualifications. (A) Bank qualifications: (i) must be federally insured; (ii) Sheshunoff rating must be 10 or better and primary capital must be at least 6.0% of total assets; and (iii) total assets must be at least $25 million. (B) Savings and loan association qualifications: (i) must be federally insured; (ii) tangible capital must be at least 1.5% of total assets and total assets must be greater than $25 million or tangible capital must be at least 3.0% of total assets if total assets are less than $25 million; and (iii) Sheshunoff rating must be 30 or better. (C) Other financial institutions qualifications: (i) the letter of credit must be 110% collateralized by an investment instrument that would meet the qualifications for a county investment; and (ii) the investment instrument must be registered in the county's name and the county must receive safekeeping receipts for all collateral before the letter of credit is accepted. (2) Any letter of credit submitted as a financial guarantee for combined amounts greater than $250,000 must be from financial institutions which meet the following qualifications. (A) Bank qualifications: (i) must be federally insured; (ii) Sheshunoff rating must be thirty or better and primary capital must be at least 7.0% of total assets; and (iii) total assets must be at least $75 million. (B) Savings and loan association qualifications: (i) must be federally insured; (ii) tangible capital must be at least 3.0% of total assets and total assets must be greater than $75 million, or tangible capital must be at least 5.0% of total assets if total assets are less than $75 million; and (iii) Sheshunoff rating must be 30 or better. (C) Other financial institutions qualifications: (i) the letter of credit must be 110% collateralized by an investment instrument that would meet the qualifications for a county investment; and (ii) the investment instrument must be registered in the county's name and the county must receive safekeeping receipts for all collateral before the letter of credit is accepted. (3) The letter of credit shall list as sole beneficiary the county judge of the county, in his official capacity, or the judge's successor in office, and must be approved by the county judge of the county. The form of the letter of credit shall be modeled after the form attached in Appendix 2B. Attached Graphic(4) The letter of credit shall be conditioned upon installation or construction of water and wastewater facilities meeting the criteria established under Division 2 of this subchapter and upon construction of facilities within the time stated on the plat, or on the document attached to the plat for the subdivision, or within any extension of time granted by the commissioners court. (d) Financial guarantee. The county will determine the amount of the bond, letter of credit, or cash deposit required to ensure proper construction of adequate water and wastewater facilities in the subdivision. (e) Alternative to county accepting a financial guarantee. The county may approve a final plat under this section without receiving a financial guarantee in the name of the county if: (1) the property being subdivided lies wholly within the jurisdiction of the county; (2) the property being subdivided lies wholly within the extra-territorial jurisdiction of a municipality; and (3) the municipality has executed an interlocal agreement with the county that imposes the obligation on the municipality to: (A) accept the bonds, letters of credit, or other financial guarantees, that meet the requirements of this section; (B) execute the construction agreement with the subdivider; and (C) assume the obligations to enforce the terms of the financial guarantee under the conditions set forth therein and complete construction of the facilities identified in the construction agreement. Source Note: The provisions of this §364.54 adopted to be effective February 10, 2000, 25 TexReg 800; amended to be effective February 10, 2004, 29 TexReg 1203. 10 TEXAS WATER DEVELOPMENT BOARD 364 MODEL SUBDIVISION RULES B MODEL RULES §364.54 Financial Guarantees for Improvements https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107458&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 107458 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107458&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 107458 03/11/2026 (a) Scope of review. The county will review the final plat to determine whether it meets the standards of Division 2 and the requirements of Division 3 of this subchapter.(b) Disapproval authority. The commissioners court shall refuse to approve a plat if it does not meet the requirements prescribed by or under these rules.(c) Prerequisites to approval. Final plat approval shall not be granted unless the subdivider has accomplished the following:(1) dedicated the sites for the adequate water and sewerage facilities identified in the final plat to the appropriate retail public utility responsible for operation and maintenance of the facilities; and(2) provided evidence that the water facilities and sewerage facilities have been constructed and installed in accordance with the criteria established within these rules and the approvals from the commission of the plans and specifications for such construction, including any change orders filed with these agencies; or(3) obtained all necessary permits for the proposed water facilities and sewerage facilities (other than for OSSF permits on individual lots within the proposed subdivision) and has entered into a financial agreement with the county secured by a bond or other alternative financial guarantee such as a cash deposit or letter of credit for the provision of water and sewerage facilities with the bond or financial guarantee meeting the criteria established in Division 3 of this subchapter. Source Note: The provisions of this §364.55 adopted to be effective February 10, 2000, 25 TexReg 800; amended to be effective February 10, 2004, 29 TexReg 1203. 10 TEXAS WATER DEVELOPMENT BOARD 364 MODEL SUBDIVISION RULES B MODEL RULES §364.55 Review and Approval of Final Plats https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=73377&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 73377 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=73377&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 73377 03/11/2026 (a) Reasonableness. The commissioners court may extend, beyond the date specified on the plat or on the document attached to the plat, the date by which the required water and sewer service facilities must be fully operable if:(1) any financial guarantees provided with the final plat as originally submitted are effective for the time of the requested extension or new financial guarantees that comply with §364.54 are submitted which will be effective for the period of the extension; and(2) the court finds the extension is reasonable and not contrary to the public interest.(b) Timeliness. If the facilities are fully operable before the expiration of the extension period, the facilities are considered to have been made fully operable in a timely manner.(c) Unreasonableness. An extension is not reasonable if it would allow a residence in the subdivision to be inhabited without water or sewer services that meet the standards of Division 2 of this subchapter. Source Note: The provisions of this §364.56 adopted to be effective February 10, 2000, 25 TexReg 800. 10 TEXAS WATER DEVELOPMENT BOARD 364 MODEL SUBDIVISION RULES B MODEL RULES §364.56 Time Extensions for Providing Facilities https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=73378&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 73378 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=73378&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 73378 03/11/2026 (a) Authority and scope. This section shall apply only to tracts of land that were divided into two or more parts to lay out a subdivision before September 1, 1989 and have not been platted or recorded. This section is in addition to the authority of the county to grant a delay or variance pursuant to Local Government Code §232.043 or a rule of the county adopted pursuant to such provision.(b) Purpose. It is the purpose of this section to promote the public health of the county residents, to ensure that adequate water and sewerage facilities are provided in subdivisions within the jurisdiction of this county, and to establish the minimum standards for pre-1989 subdivisions for which no plat has been filed or recorded in the records of the county.(c) Required plat. In the event that the owner of tract of land located outside the limits of a municipality who subdivided the tract into two or more parts to lay out a subdivision of the tract prior to September 1, 1989, including an addition, or to lay out suburban lots or building lots, and to lay out streets, alleys, squares, parks or other parts of the tract intended to be dedicated to public use or for the use of purchasers or owners of lots fronting on or adjacent to the streets, alleys, squares, parks, or other parts, was legally obligated to, but has failed to have a plat of the subdivision prepared, approved by the commissioners court, and filed, the owner of a residential lot which was created by the subdivision may have a plat of the individual lot prepared and approved by the commissioners court as provided in this section in lieu of the filing of a plat of the subdivision.(d) Special criteria. The commissioners court may approve the plat of a residential lot which does not comply with the provisions of §§364.15(b) of this title (sale restrictions), 364.36 of this title (Setbacks), 364.37 of this title (Number of Dwellings per Lot), 364.52 of this title (Final Engineering Report), and 364.54 of this title (Financial Guarantees for Improvements) as applied to an individual subdivided lot if such approval is in harmony with the general purpose and intent of these rules so that the public health, safety, and welfare may be secured and substantial justice done.(1) Owners of individual lots in a single unplatted subdivision may file a joint request for approval of their respective individual residential lots.(2) An application for approval of the plat of an individual lot shall be made in writing. The application shall state specifically the chapter, section, or subsection with which the plat does not comply and from which a waiver is being requested. The application shall contain available information and documentation which supports the requested approval. The applicant shall also provide such additional documentation as the commissioners court may request to support the application, including:(A) a copy of a dated plat, sales contract, utility records, or other acceptable documentation that the subdivision occurred prior to September 1, 1989;(B) the name and address of the original subdivider or the subdivider's authorized agent, if known;(C) a survey and plat of the lot for which approval is requested, showing existing residences, roads, and utilities; and(D) a deed, an affidavit of ownership or other evidence of ownership of the lot for which approval is requested.(3) Approval of plats of individual lots shall be granted subject to the limitations of state law, and based on written findings by the commissioners court that:(A) the lot for which approval is requested is within a tract that was subdivided prior to September 1, 1989, and is not owned by the original subdivider;(B) a plat was required for the subdivision, but has not been filed with the county by the subdivider legally obligated to file it;(C) an existing, currently occupied residential dwelling is located on the lot;(D) existing water and sewer services which comply with the minimum standards set forth herein are available to the lot; and(E) the request is reasonable, compliance with specified sections of these rules is impractical, and a waiver is not contrary to the public health and safety.(e) Final determination. The commissioners court shall make the final decision on an application for a waiver, following review and recommendation by the county planning commission or department, if any. The applicant may withdraw a request for a waiver at any point in the process. If the requested waiver application is approved by the commissioners court, the county shall issue a certificate stating that a plat of the residential lot has been reviewed and approved. Source Note: The provisions of this §364.57 adopted to be effective February 10, 2000, 25 TexReg 800. 10 TEXAS WATER DEVELOPMENT BOARD 364 MODEL SUBDIVISION RULES B MODEL RULES §364.57 Criteria for Subdivisions that Occurred Prior to September 1, 1989 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=73379&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 73379 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=73379&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 73379 03/11/2026 The owner, by submitting a plat, acknowledges the authority of the county and state agencies to lawfully enter and inspect property for purposes of execution of their statutory duties. Such inspection will not release the owner from any obligation to comply with the requirements of these rules. Source Note: The provisions of this §364.71 adopted to be effective February 10, 2000, 25 TexReg 800. 10 TEXAS WATER DEVELOPMENT BOARD 364 MODEL SUBDIVISION RULES B MODEL RULES §364.71 Oversight https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=73380&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 73380 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=73380&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 73380 03/11/2026 The provisions of this chapter are enforceable pursuant to the specific provisions hereof related to enforcement and state law including Water Code, Chapter 7 and §§16.352, 16.353, 16.3535, 16.354, and 16.3545, and Local Government Code, §232.037 and §232.080. Source Note: The provisions of this §364.72 adopted to be effective February 10, 2000, 25 TexReg 800. 10 TEXAS WATER DEVELOPMENT BOARD 364 MODEL SUBDIVISION RULES B MODEL RULES §364.72 General Enforcement Authority of County https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=73381&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 73381 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=73381&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 73381 03/11/2026 Municipalities that have not adopted nor have in effect other comprehensive subdivision ordinances shall adopt the necessary ordinances to implement the requirements of the model rules set out in Subchapter B of this chapter with appropriate modifications to assure their applicability to developments within the municipality. Source Note: The provisions of this §364.80 adopted to be effective February 10, 2000, 25 TexReg 800. 10 TEXAS WATER DEVELOPMENT BOARD 364 MODEL SUBDIVISION RULES C MODEL RULES (MUNICIPALITY) §364.80 Rules To Be Adopted https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=73382&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 73382 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=73382&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 73382 03/11/2026 Municipalities adopting these model rules shall modify the provisions of Subchapter B of this chapter to change all references to "County" or county authority to be consistent with the identity and authority of the adopting entity. In particular, the following provisions shall be modified as indicated:(1) §364.11 (Authority) shall reflect the municipality authority contained in the Local Government Code, Chapter 212;(2) §364.15 (Plat Required) shall reflect application of the rules to the subdivision of a tract of land located within the corporate boundaries and the extraterritorial jurisdiction of the municipality;(3) §364.18 (Definitions) shall identify the municipality and its governing body; and(4) §364.72 (Enforcement Authority) shall reflect the enforcement authority of the municipality contained in the Local Government Code, §212.0175 and §212.018. Source Note: The provisions of this §364.81 adopted to be effective February 10, 2000, 25 TexReg 800. 10 TEXAS WATER DEVELOPMENT BOARD 364 MODEL SUBDIVISION RULES C MODEL RULES (MUNICIPALITY) §364.81 Modifications https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=73383&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 73383 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=73383&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 73383 03/11/2026 Municipalities that have adopted and have in effect other subdivision ordinances shall adopt and incorporate those requirements of the model rules set out in Subchapter B of this chapter which are necessary to make the existing ordinances consistent with the goal and intent of the model rules to provide minimum standards that assure adequate water supply and wastewater services to subdivisions within the municipality. Source Note: The provisions of this §364.90 adopted to be effective February 10, 2000, 25 TexReg 800. 10 TEXAS WATER DEVELOPMENT BOARD 364 MODEL SUBDIVISION RULES C MODEL RULES (MUNICIPALITY) §364.90 Rules To Be Adopted https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107455&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 107455 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=107455&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 107455 03/11/2026 Subdivision ordinances adopted by a municipality must be reviewed and modified as necessary to incorporate the minimum standards contained in the model rules set out in Subchapter B of this chapter, including the following:(1) application of the ordinances to the subdivision of a tract of land within the corporate limits of the municipality and the extraterritorial jurisdiction of the municipality into two or more lots of five acres or less intended for residential purposes;(2) preparation of a subdivision plat to be approved by the municipality and filed for record with the county clerk after approval;(3) water supply standards consistent with the standards developed by the commission and set out in 30 TAC Chapter 290.(4) prohibition of individual water wells or non-public water systems that do not meet the water quality standards developed by the commission and set out in 30 TAC §§290.104, 290.106, 290.108 and 290.109;(5) wastewater collection and disposal system standards consistent with the standards developed by the commission and set out in 30 TAC Chapters 305 and 317 and in Health and Safety Code, Chapter 366;(6) prohibition of pit privies, portable toilets, and on-site sewerage facilities that do not meet the wastewater treatment standards developed by the commission and set out in 30 TAC Chapter 285;(7) setback limitations consistent with local fire code requirements;(8) prohibition of more than one single family detached dwelling per subdivision lot;(9) preparation of an engineer's report consistent with §364.52 of this title; and(10) requirements for posting of a financial guarantee to assure completion of water supply and sewer service facilities required by the approved plat and consistent with this chapter. Source Note: The provisions of this §364.91 adopted to be effective February 10, 2000, 25 TexReg 800; amended to be effective February 10, 2004, 29 TexReg 1203. 10 TEXAS WATER DEVELOPMENT BOARD 364 MODEL SUBDIVISION RULES C MODEL RULES (MUNICIPALITY) §364.91 Minimum Requirements https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198193&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 198193 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198193&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 198193 03/11/2026 This chapter shall govern applications for financial assistance from the Rural Water Assistance Fund, established by the Texas Water Code, Chapter 15, Subchapter R. The program described in this chapter shall be known as the Rural Water Assistance Fund. Unless in conflict with the provisions of this chapter, the provisions of Chapter 363, Subchapter A of this title (relating to the General Provisions of Financial Assistance Programs) shall apply to applications for assistance from the Rural Water Assistance Fund. Source Note: The provisions of this §365.1 adopted to be effective January 1, 2002, 26 TexReg 11031; amended to be effective February 9, 2006, 31 TexReg 708; transferred effective February 15, 2020, as published in the January 24, 2020 issue of the Texas Register, 45 TexReg 593. 10 TEXAS WATER DEVELOPMENT BOARD 365 RURAL WATER ASSISTANCE FUND A INTRODUCTORY PROVISIONS §365.1 Scope of Chapter https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220214&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 220214 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220214&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 220214 03/11/2026 Words and terms used in this chapter shall have the following meanings, unless the context clearly indicates otherwise. Words defined in Texas Water Code Chapter 15 or 17 and not defined here shall have the meanings provided by the appropriate Texas Water Code chapter.(1) Applicant--A rural political subdivision, including a rural political subdivision which has entered into an agreement with a Federal Agency or State Agency for the purpose of submitting a joint application.(2) District--A conservation or reclamation district created under Texas Constitution, Section 52, Article III, or Section 59, Article XVI.(3) Federal agency--An agency or other entity of the United States, including the United States Department of Agriculture or an agency or entity that is acting through or on behalf of that department.(4) Fund--The Rural Water Assistance Fund.(5) Nonprofit water supply or sewer service corporation--A water or sewer service corporation operating under Texas Water Code, Chapter 67.(6) Rural political subdivision--(A) A nonprofit water supply or sewer service corporation created and operating under Chapter 67 of the Texas Water Code or a district or authority created under Section 52, Article III, or Section 59, Article XVI, Texas Constitution, no part of the service area of which is located in an urban area with a population of more than 50,000;(B) a municipality;(i) with a population of 10,000 or less; or(ii) located wholly in a county in which no urban area has a population of more than 50,000;(C) a county in which no urban area has a population of more than 50,000; or(D) an entity that:(i) is a nonprofit water supply or sewer service corporation created and operating under Chapter 67 of the Texas Water Code, a district or authority created under Section 52, Article III, or Section 59, Article XVI, Texas Constitution, a municipality, county, or other political subdivision of the state, or an interstate compact commission to which the state is a party; and(ii) demonstrates in a manner satisfactory to the board that the entity is rural or the area to be served by the project is a wholly rural area despite not otherwise qualifying under subparagraph (A), (B), or (C) of this paragraph.(7) State agency--An agency or other entity of the state, including the Texas Department of Agriculture and the Texas Department of Housing and Community Affairs and any agency or authority that is acting through or on behalf of the Texas Department of Agriculture or the Texas Department of Housing and Community Affairs. Source Note: The provisions of this §365.2 adopted to be effective January 1, 2002, 26 TexReg 11031; amended to be effective November 30, 2011, 36 TexReg 8036; transferred effective February 15, 2020, as published in the January 24, 2020 issue of the Texas Register, 45 TexReg 593; amended to be effective August 14, 2024, 49 TexReg 6024. 10 TEXAS WATER DEVELOPMENT BOARD 365 RURAL WATER ASSISTANCE FUND A INTRODUCTORY PROVISIONS §365.2 Definitions of Terms https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220215&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 220215 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220215&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 220215 03/11/2026 (a) The fund may be used to provide low-interest loans to rural political subdivisions for:(1) water or water-related projects and for water quality enhancement projects, including but not limited to:(A) the construction of infrastructure facilities for wholesale or retail water or sewer service;(B) desalination projects;(C) the purchase or lease of water well fields;(D) property necessary for water well fields;(E) the purchase or lease of rights to produce groundwater;(F) onsite or wetland wastewater treatment facilities; and(G) the interim financing of construction projects;(2) water projects included in the state water plan or a regional water plan;(3) development of groundwater sources and acquisition of water rights, including groundwater and surface water rights;(4) the acquisition of retail public utilities as defined by §13.002 of the Texas Water Code;(5) the acquisition of water supply or sewer services facilities or systems owned by municipalities or other political subdivisions;(6) construction, acquisition, or improvement of water and wastewater projects to provide services to an economically distressed area;(7) planning and design costs, permitting costs, and other costs associated with state or federal regulatory activities with respect to a project; and(8) obtaining water or wastewater service supplied by other political subdivisions or financing the consolidation or regionalizing of neighboring political subdivisions, or both.(b) The fund may be used to provide zero interest loans, negative interest loans, loan forgiveness, or grants for any purpose described in subsection (a) of this section under criteria developed by the board.(c) The board may use money in the fund to contract for outreach, financial, planning, and technical assistance to assist rural political subdivisions for a purpose described by §15.994 of the Texas Water Code, including in obtaining and using financing from funds and accounts administered by the board.(d) The fund may be used to buy down interest rates on loans.(e) The fund may be used to finance a joint application submitted by a rural political subdivision and a federal agency, a state agency, or another rural political subdivision where the parties have entered into an agreement to submit a joint application for financial assistance.(f) The fund may be used as a source of revenue for the repayment of principal and interest on water financial assistance bonds issued by the board if the proceeds of the sale of these bonds will be deposited into the fund. Source Note: The provisions of this §365.3 adopted to be effective January 1, 2002, 26 TexReg 11031; amended to be effective May 11, 2004, 29 TexReg 4551; amended to be effective November 30, 2011, 36 TexReg 8036; amended to be effective December 28, 2017, 42 TexReg 7410; transferred effective February 15, 2020, as published in the January 24, 2020 issue of the Texas Register, 45 TexReg 593; amended to be effective August 14, 2024 49 TexReg 6024. 10 TEXAS WATER DEVELOPMENT BOARD 365 RURAL WATER ASSISTANCE FUND A INTRODUCTORY PROVISIONS §365.3 Use of Funds https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220216&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 220216 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220216&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 220216 03/11/2026 The procedure and method for setting fixed interest rates includes the following.(1) The executive administrator will set fixed interest rates under this section for loans on a date that is five business days prior to the political subdivision's adoption of the ordinance or resolution authorizing its bonds and not more than 45 days before the anticipated closing of the loan from the board. After 45 days from the establishment of the interest rate of a loan, rates will be reconsidered, and may be extended only with the approval of the executive administrator.(2) For loans from the Rural Water Assistance Fund, the executive administrator will set the interest rates in accordance with the following:(A) to the extent that the source of funding is provided from bond proceeds issued through the Water Development Fund specifically designated for this fund, the lending rate scale(s) will be determined as provided under §363.33(b) of this title (relating to Interest Rates for Loans and Purchase of Board's Interest in State Participation Projects);(B) for loans where the interest rates calculated in subparagraph (A) of this paragraph results in a true interest cost that is less than the minimum true interest cost of the lending rate scale established for those funds, interest will be calculated at a rate increased to match the minimum true interest costs so the board may recover all costs attributed to the bonds sold by the board;(C) for loans funded by the board with proceeds of bonds, the interest for which is intended to be tax exempt for purposes of federal tax law, the executive administrator will limit the interest set pursuant to this subsection at no higher than the rate permitted under federal tax law to maintain the tax exemption for the interest on the board's bonds; or(D) for loans funded without bond proceeds, the lending rate scale(s) will be determined by the executive administrator.(3) The board, at its discretion, may require applicants to receive a portion of the project funding from other board loan programs. Source Note: The provisions of this §365.5 adopted to be effective January 1, 2002, 26 TexReg 11031; amended to be effective May 6, 2003, 28 TexReg 3735; transferred effective February 15, 2020, as published in the January 24, 2020 issue of the Texas Register, 45 TexReg 593; amended to be effective August 14, 2024, 49 TexReg 6024. 10 TEXAS WATER DEVELOPMENT BOARD 365 RURAL WATER ASSISTANCE FUND A INTRODUCTORY PROVISIONS §365.5 Interest Rates for Loans https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198197&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 198197 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198197&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 198197 03/11/2026 For loans for which the average maturity exceeds 20 years, the applicant must provide the following information:(1) a schedule, prepared by the applicant's engineer, which lists the major components of the project, the anticipated date of placement into service of the components, the estimated useful life, in years, of the components, and the average estimated useful life of the project; and(2) a certification by the applicant that the average weighted maturity of the obligations does not exceed 120% of the average estimated useful life of the project. Source Note: The provisions of this §365.6 adopted to be effective January 1, 2002, 26 TexReg 11031; transferred effective February 15, 2020, as published in the January 24, 2020 issue of the Texas Register, 45 TexReg 593. 10 TEXAS WATER DEVELOPMENT BOARD 365 RURAL WATER ASSISTANCE FUND A INTRODUCTORY PROVISIONS §365.6 Loans in Excess of 20 Years https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198198&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 198198 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198198&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 198198 03/11/2026 Money in the fund will be invested in accordance with the board's investment policy. Source Note: The provisions of this §365.7 adopted to be effective January 1, 2002, 26 TexReg 11031; amended to be effective November 30, 2011, 36 TexReg 8036; transferred effective February 15, 2020, as published in the January 24, 2020 issue of the Texas Register, 45 TexReg 593. 10 TEXAS WATER DEVELOPMENT BOARD 365 RURAL WATER ASSISTANCE FUND A INTRODUCTORY PROVISIONS §365.7 Investment of Funds https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220217&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 220217 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220217&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 220217 03/11/2026 An applicant seeking financial assistance must schedule a preapplication conference with the board staff to obtain guidance and establish basic eligibility of the project and of the rural political subdivision for financial assistance. Source Note: The provisions of this §365.21 adopted to be effective January 1, 2002, 26 TexReg 11031; transferred effective February 15, 2020, as published in the January 24, 2020 issue of the Texas Register, 45 TexReg 593; amended to be effective August 14, 2024, 49 TexReg 6024. 10 TEXAS WATER DEVELOPMENT BOARD 365 RURAL WATER ASSISTANCE FUND B APPLICATION PROCEDURES §365.21 Preapplication Meeting https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220218&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 220218 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220218&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 220218 03/11/2026 (a) An application must be in the form and numbers prescribed by the executive administrator.(b) The executive administrator may request any additional information needed to evaluate the application and may return any incomplete applications.(c) The information required under §363.12 of this title (relating to General, Legal, and Fiscal Information) is required on all applications to the board for financial assistance to be considered an administratively complete application.(d) A rural political subdivision may enter into an agreement with a federal agency, a state agency, or another rural political subdivision to submit a joint application for financial assistance under this subchapter. Source Note: The provisions of this §365.22 adopted to be effective January 1, 2002, 26 TexReg 11031; amended to be effective February 9, 2006, 31 TexReg 708; amended to be effective April 28, 2011, 36 TexReg 2612; amended to be effective November 30, 2011, 36 TexReg 8036; transferred effective February 15, 2020, as published in the January 24, 2020 issue of the Texas Register, 45 TexReg 593; amended to be effective August 14, 2024, 49 TexReg 6024. 10 TEXAS WATER DEVELOPMENT BOARD 365 RURAL WATER ASSISTANCE FUND B APPLICATION PROCEDURES §365.22 Application for Assistance https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220219&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 220219 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220219&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 220219 03/11/2026 (a) This loan application option will provide an eligible applicant that meets all applicable board requirements an alternative to secure a commitment and close a loan for the pre-design, design or building costs associated with a project. Under this option, a loan may be closed and funds necessary to complete planning and design activities released. If planning requirements have not been satisfied, design and building funds will be held or escrowed and released in the sequence described in this section. Following completion of planning activities and environmental assessment, the executive administrator may require the applicant to make changes in order to proceed with the project. If the portion of a project associated with funds in escrow cannot proceed, the loan recipient must use the escrowed funds to pay off the obligations to the board in inverse order of maturity.(b) The executive administrator may recommend to the board the use of this section if, based on available information, there appear to be no significant permitting, social, environmental, engineering, or financial issues associated with the project. An application for pre-design funding may be considered by the board despite a negative recommendation from the executive administrator.(c) Applications for pre-design funding must include the following information:(1) for loans including building cost, a preliminary engineering feasibility report which will include at minimum: a description and purpose of the project; area maps or drawings as necessary to fully locate the project area(s); a proposed project schedule; estimated project costs and budget including sources of funds; current and future populations and projected water needs and sources; alternatives considered; and a discussion of known permitting, social or environmental issues which may affect the alternatives considered and the implementation of the proposed project;(2) contracts for engineering services, which may be in draft form;(3) evidence that an approved water conservation plan will be adopted prior to the release of loan funds;(4) all information required in §365.22 of this title (relating to Application for Assistance); and(5) any additional information the executive administrator may request to complete evaluation of the application.(d) After board commitment and completion of all closing and release prerequisites as specified in §365.41 of this title (relating to Loan Closing), §365.42 of this title (relating to Deed of Trust and Other Required Documentation), and §365.43 of this title (relating to Release of Funds), funds will be released in the following sequence:(1) for planning and permitting costs, after receipt of executed contracts for the planning or permitting phase;(2) for design costs, after receipt of executed contracts for the design phase and upon approval of an engineering feasibility report as specified in §363.13 of this title (relating to Engineering Feasibility Data) and compliance with §363.14 of this title (relating to Environmental Assessment);(3) for building costs, after issuance of any applicable permits, and after bid documents are approved and executed construction documents are contingently awarded.(e) Board staff will use preliminary environmental data provided by the applicant, as specified in subsection (d) of this section and make a written report to the executive administrator on known or potential significant social or environmental concerns. Subsequently, these projects must have a favorable executive administrator's recommendation which is based upon a full environmental review during planning, as provided under §363.14 of this title.(f) The executive administrator will advise the board concerning projects that involve major economic or administrative impacts to the applicant resulting from environmentally related special mitigative or precautionary measures from an environmental assessment under §363.14 of this title. Source Note: The provisions of this §365.23 adopted to be effective January 1, 2002, 26 TexReg 11031; transferred effective February 15, 2020, as published in the January 24, 2020 issue of the Texas Register, 45 TexReg 593; amended to be effective August 14, 2024, 49 TexReg 6024. 10 TEXAS WATER DEVELOPMENT BOARD 365 RURAL WATER ASSISTANCE FUND B APPLICATION PROCEDURES §365.23 Pre-design Funding Option https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198202&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 198202 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198202&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 198202 03/11/2026 (a) The executive administrator shall submit the application to the board with comments concerning financial assistance. The application will be scheduled on the agenda for board consideration at the earliest practical date. The applicant and other interested parties known to the board shall be notified of the time and place of such meeting.(1) If the applicant has received an obligation of federal funds by the United States Department of Agriculture-Rural Development that would duplicate funding from the board for the same project, as evidenced in writing from the United States Department of Agriculture-Rural Development, or if the applicant has canceled such an obligation, the executive administrator shall not submit the application to the board and shall notify the applicant that its application will no longer be considered for this reason, unless good cause is shown that the application should be submitted to the board.(2) Board staff may coordinate its review of an application submitted under this subchapter with a federal agency to avoid duplication of efforts and costs.(b) In passing on an application for financial assistance, the board shall consider:(1) the needs of the area to be served by the project, the benefit of the project to the area, the relationship of the project to the overall state water needs, and the relationship of the project to the state water plan; and(2) the availability of revenue to the rural political subdivision from all sources for the ultimate repayment of the cost of the water supply project, including all loan interest. Source Note: The provisions of this §365.24 adopted to be effective January 1, 2002, 26 TexReg 11031; amended to be effective April 28, 2011, 36 TexReg 2612; amended to be effective November 30, 2011, 36 TexReg 8036; transferred effective February 15, 2020, as published in the January 24, 2020 issue of the Texas Register, 45 TexReg 593. 10 TEXAS WATER DEVELOPMENT BOARD 365 RURAL WATER ASSISTANCE FUND B APPLICATION PROCEDURES §365.24 Board Consideration of Application https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198203&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 198203 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198203&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 198203 03/11/2026 The board, by resolution, may approve the application if it finds that:(1) the public interest is served by state assistance for the project; and(2) the revenue or taxes pledged by the applicant will be sufficient to meet all obligations assumed by the applicant during the succeeding period of not more than 50 years. Source Note: The provisions of this §365.25 adopted to be effective January 1, 2002, 26 TexReg 11031; transferred effective February 15, 2020, as published in the January 24, 2020 issue of the Texas Register, 45 TexReg 593. 10 TEXAS WATER DEVELOPMENT BOARD 365 RURAL WATER ASSISTANCE FUND B APPLICATION PROCEDURES §365.25 Findings Required https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198204&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 198204 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198204&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 198204 03/11/2026 At the conclusion of the meeting to consider the project, the board may resolve to approve, disapprove, approve with conditions, or continue consideration of the application. A commitment will include a date after which the financial assistance will no longer be available unless extended by the board. The board may make any changes in the original commitment at the time of extension. Source Note: The provisions of this §365.26 adopted to be effective January 1, 2002, 26 TexReg 11031; transferred effective February 15, 2020, as published in the January 24, 2020 issue of the Texas Register, 45 TexReg 593. 10 TEXAS WATER DEVELOPMENT BOARD 365 RURAL WATER ASSISTANCE FUND B APPLICATION PROCEDURES §365.26 Action of the Board on Application https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220220&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 220220 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220220&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 220220 03/11/2026 (a) Instruments Needed for Closing. The documents which shall be required at the time of closing include the following:(1) if not closing under the pre-design funding option, evidence that requirements and regulations of all identified local, state and federal agencies having jurisdiction have been met, including but not limited to permits and authorizations;(2) a certified copy of the bond ordinance, order or resolution adopted by the governing body authorizing the issuance of debt to be sold to the board, or an executed promissory note and loan agreement, that is acceptable to the executive administrator and which must have sections providing as follows:(A) if loan proceeds are to be deposited into an escrow account, at the closing on all or a portion of the loan or grant, then an escrow account must be created that must be separate from all other accounts and funds, as follows:(i) the account must be maintained by an escrow agent as defined in §363.2 of this title (relating to Definitions of Terms);(ii) funds must not be released from the escrow account without written approval by the executive administrator;(iii) upon request of the executive administrator, the escrow account statements must be provided to the executive administrator;(iv) the investment of any loan or grant proceeds deposited into an escrow account must be handled in a manner that complies with the Public Funds Investment Act, Texas Government Code, Chapter 2256; and(v) the escrow account must be adequately collateralized in a manner sufficient to protect the board's interest in the project and that complies with the Public Funds Collateral Act, Texas Government Code, Chapter 2257;(B) that a construction account must be created, which must be separate from all other accounts and funds of the applicant;(C) that a final accounting be made to the board of the total sources and authorized use of project funds within 60 days of the completion of the project and that any surplus loan funds be used in a manner as approved by the executive administrator;(D) that an annual audit of the rural political subdivision, prepared in accordance with generally accepted auditing standards by a certified public accountant or licensed public accountant be provided annually to the executive administrator, or if a promissory note and loan agreement is used and the rural political subdivision is a Water Supply Corporation or Sewer Service Corporation, then in lieu of an annual audit a filed Internal Revenue Service Form 990 may be provided annually so long as the balance of all outstanding loans from the board to the Water Supply Corporation or Sewer Service Corporation does not exceed $1,000,000;(E) that the rural political subdivision must fix and maintain rates and collect charges to provide adequate operation, maintenance and insurance coverage on the project in an amount sufficient to protect the board's interest;(F) that the rural political subdivision must document the adoption and implementation of an approved water conservation program for the duration of the loan, in accordance with §363.15 of this title;(G) that the rural political subdivision must maintain current, accurate and complete records and accounts in accordance with generally accepted accounting principles necessary to demonstrate compliance with financial assistance related legal and contractual provisions;(H) that the rural political subdivision covenants to abide by the board's rules and relevant statutes, including the Texas Water Code, Chapters 15 and 17;(I) if the rural political subdivision is issuing bonds or other authorized securities, that the rural political subdivision or an obligated person for whom financial or operating data is presented, will undertake, either individually or in combination with other issuers of the rural political subdivision's obligations or obligated persons, in a written agreement or contract to comply with requirements for continuing disclosure on an ongoing basis substantially in the manner required by Securities and Exchange Commission (SEC) rule 15c2-12 and determined as if the board were a Participating Underwriter within the meaning of such rule, such continuing disclosure undertaking being for the benefit of the board and the beneficial owner of the rural political subdivision's obligations, if the board sells or otherwise transfers such obligations, and the beneficial owners of the board's obligations if the rural political subdivision is an obligated person with respect to such obligations under rule 15c2-12;(J) that all payments must be made to the board via wire transfer or in a manner acceptable to the Executive Administrator at no cost to the board;(K) that the partial redemption of bonds or other authorized securities be made in inverse order of maturity;(L) that insurance coverage be obtained and maintained in an amount sufficient to protect the board's interest in the project;(M) that the rural political subdivision must establish a dedicated source of revenue for repayment; and(N) any other recitals mandated by the executive administrator;(3) evidence that the rural political subdivision has adopted a water conservation program in accordance with §363.15 of this title (relating to Required Water Conservation Plan);(4) an unqualified approving opinions of the attorney general of Texas and a certification from the comptroller of public accounts that such debt has been registered in that office;(5) if obligations are issued, an unqualified approving opinion by a recognized bond attorney acceptable to the executive administrator;(6) executed escrow agreement entered into by the entity and an escrow agent satisfactory to the executive administrator, in the event that funds are escrowed, or a certificate of trust as defined in §363.2 of this title, if applicable; and(7) other or additional data and information, if deemed necessary by the executive administrator.(b) Certified Transcript. Within 60 days of closing, the rural political subdivision must submit a transcript of proceedings relating to the debt purchased by the board which must contain those instruments normally furnished a purchaser of debt.(c) Additional Closing Requirements for Bonds. A rural political subdivision will be required to comply with the following closing requirements if the applicant issues obligations that are purchased by the board:(1) all bonds must be closed in book-entry-only form;(2) the rural political subdivision must use a paying agent/registrar that is a depository trust company (DTC) participant;(3) the rural political subdivision must be responsible for paying all DTC closing fees assessed to the rural political subdivision by the board's custodian bank directly to the board's custodian bank;(4) the rural political subdivision must provide evidence to the board that one fully registered bond has been sent to the DTC or to the rural political subdivision's paying agent/registrar prior to closing; and(5) the rural political subdivision must provide a private placement memorandum containing a detailed description of the issuance of debt to be sold to the board that is acceptable to the executive administrator. Source Note: The provisions of this §365.41 adopted to be effective January 1, 2002, 26 TexReg 11031; amended to be effective July 30, 2012, 37 TexReg 5628; transferred effective February 15, 2020, as published in the January 24, 2020 issue of the Texas Register, 45 TexReg 593; amended to be effective October 25, 2020, 45 TexReg 7431; amended to be effective August 14, 2024, 49 TexReg 6024. 10 TEXAS WATER DEVELOPMENT BOARD 365 RURAL WATER ASSISTANCE FUND C CLOSING AND RELEASE OF FUNDS §365.41 Loan Closing https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198189&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 198189 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198189&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 198189 03/11/2026 Prior to release of funds, a nonprofit water supply or sewer service corporation must submit an executed Deed of Trust in the form provided by the executive administrator and must submit a policy of title insurance, written to the benefit of the board, which is acceptable in form and substance to the executive administrator. Source Note: The provisions of this §365.42 adopted to be effective January 1, 2002, 26 TexReg 11031; amended to be effective November 30, 2011, 36 TexReg 8036; transferred effective February 15, 2020, as published in the January 24, 2020 issue of the Texas Register, 45 TexReg 593. 10 TEXAS WATER DEVELOPMENT BOARD 365 RURAL WATER ASSISTANCE FUND C CLOSING AND RELEASE OF FUNDS §365.42 Deed of Trust and Other Required Documentation https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220221&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 220221 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220221&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 220221 03/11/2026 (a) Release of Funds for Planning, Design, and Permits. Prior to the release of funds for planning, design, and permits, the rural political subdivision must submit for approval to the executive administrator the following documents:(1) a statement as to sufficiency of funds to complete the activity;(2) certified copies of each contract under which revenues for repayment of the rural political subdivision's debt will accrue;(3) executed consultant contracts relating to services provided for planning, design, and permits;(4) unless funds are released under the pre-design funding option, evidence that the requirements and regulations of all identified local, state, and federal agencies having jurisdiction have been met, including but not limited to permits and authorizations; and(5) other such instruments or documents as the board or executive administrator may require.(b) Pre-design Funding. The funds needed for the total estimated cost of the engineering, planning, and design cost if the engineering feasibility report required under §363.13 of this title (relating to Preliminary Engineering Feasibility Data) and the environmental assessment required under §363.14 of this title (relating to Environmental Assessment) have been approved, the cost of issuance associated with the loan, and any associated capitalized interest will be released to the loan recipient and the remaining funds will be escrowed to the escrow agent until all applicable requirements in subsections (a) and (c) of this section and §365.23 of this title (relating to Pre-design Funding Option) have been met.(c) Release of Funds for Building Purposes. Prior to the release of funds for building purposes, the rural political subdivision must submit for approval to the executive administrator the following documents:(1) a tabulation of all bids received and an explanation for any rejected bids or otherwise disqualified bidders;(2) one executed original copy of each construction contract the effectiveness and validity of which is contingent upon the receipt of board funds;(3) evidence that the necessary acquisitions of land, leases, easements and rights-of-way have been completed or, with prior approval by the executive administrator if all acquisitions have not been completed, evidence that the applicant has the legal authority necessary to complete the acquisitions;(4) a statement as to sufficiency of funds if additional funds are necessary to complete the project;(5) certified copies of each contract under which revenues to the project will accrue;(6) evidence that all requirements and regulations of all identified local, state, and federal agencies having jurisdiction have been met, including permits and authorizations; and(7) other such instruments or documents as the board or executive administrator may require.(d) Water Rights Certification. Prior to release of construction funds, the executive administrator shall make a written finding that the applicant:(1) has the necessary water rights authorizing the applicant to appropriate and use the water that the project will provide, if the applicant is proposing surface water development; or(2) has the right to use water that the project will provide, if the applicant is proposing groundwater development.(e) Release of Funds for Projects Constructed Through One or More Construction Contracts. For projects constructed through one or more construction contracts, the executive administrator may approve the release of funds for all or a portion of the estimated project cost, provided all requirements of subsection (c) of this section have been met, only for the construction contract that has been approved for construction.(f) Escrow of Funds. The executive administrator may require the escrow of an amount of project funding related to contracts which have not met the requirements of subsection (c) of this section at the time of loan closing.(g) Release of Funds in Installments. Funds may be released to rural political subdivisions in installments and pursuant to the provisions of this section. Source Note: The provisions of this §365.43 adopted to be effective January 1, 2002, 26 TexReg 11031; amended to be effective July 30, 2012, 37 TexReg 5628; transferred effective February 15, 2020, as published in the January 24, 2020 issue of the Texas Register, 45 TexReg 593; amended to be effective August 14, 2024, 49 TexReg 6024. 10 TEXAS WATER DEVELOPMENT BOARD 365 RURAL WATER ASSISTANCE FUND C CLOSING AND RELEASE OF FUNDS §365.43 Release of Funds https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220222&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 220222 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220222&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 220222 03/11/2026 The board may provide financial assistance to a nonprofit water supply or sewer service corporation by entering into a loan agreement in accordance with §15.996 of the Water Code. Source Note: The provisions of this §365.44 adopted to be effective January 1, 2002, 26 TexReg 11031; amended to be effective November 30, 2011, 36 TexReg 8036; transferred effective February 15, 2020, as published in the January 24, 2020 issue of the Texas Register, 45 TexReg 593; amended to be effective August 14, 2024, 49 TexReg 6024. 10 TEXAS WATER DEVELOPMENT BOARD 365 RURAL WATER ASSISTANCE FUND C CLOSING AND RELEASE OF FUNDS §365.44 Loan Agreements for Nonprofit Water Supply or Sewer Service Corporations https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220223&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 220223 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220223&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 220223 03/11/2026 A rural political subdivision must obtain executive administrator approval of contract documents, including engineering plans and specifications, prior to receiving bids and awarding the contract. The contract documents must be consistent with the engineering information submitted with the application and must contain the requirements in §363.41 of this title (relating to Engineering Design Approvals). Source Note: The provisions of this §365.45 adopted to be effective January 1, 2002, 26 TexReg 11031; transferred effective February 15, 2020, as published in the January 24, 2020 issue of the Texas Register, 45 TexReg 593; amended to be effective August 14, 2024, 49 TexReg 6024. 10 TEXAS WATER DEVELOPMENT BOARD 365 RURAL WATER ASSISTANCE FUND C CLOSING AND RELEASE OF FUNDS §365.45 Engineering Design Approvals https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113508&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 113508 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113508&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 113508 03/11/2026 It is the policy of the board to provide grants, linked deposits, and loans to conserve and protect the state's water resources and provide resulting benefits to all of the state's citizens. This chapter implements the Texas Water Code, Chapter 17, Subchapter J. Source Note: The provisions of this §367.1 adopted to be effective March 9, 2004, 29 TexReg 2362; amended to be effective July 6, 2004, 29 TexReg 6348. 10 TEXAS WATER DEVELOPMENT BOARD 367 AGRICULTURAL WATER CONSERVATION PROGRAM §367.1 Policy Statement https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=170008&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 170008 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=170008&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 170008 03/11/2026 The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Board--The governing body of the Texas Water Development Board.(2) Conservation program--A program that is:(A) an agricultural water conservation technical assistance program, including a program for an on-farm soil and water conservation plan developed jointly by a landowner, an operator, and a local soil and water conservation district as provided by Subchapter H, Chapter 201, Agriculture Code;(B) a research, demonstration, technology transfer, or educational program relating to agricultural water use and conservation;(C) a precipitation enhancement program in an area of the state where the program, in the board's judgment, would be most effective;(D) administered by a state agency that provides funding to a political subdivision or person for a conservation project; or(E) administered by a political subdivision that provides loans to a person for a conservation project.(3) Conservation project--A project that:(A) improves water use efficiency of water delivery and application on existing irrigation systems;(B) prepares irrigated land for conversion to dryland conditions;(C) prepares dryland for more efficient use of natural precipitation;(D) purchases and installs on public or private property devices designed to indicate the amount of water withdrawn for irrigation purposes; or(E) prepares and maintains land to be used for brush control activities in areas of the state where those activities in the board's judgment would be most effective, including activities conducted under Chapter 203, Agriculture Code.(4) Construction--The actual construction, alteration, or repair of a fixed improvement to real property requiring the preparation of plans, designs or drawings that are required to be prepared by an professional engineer licensed in the State of Texas.(5) Eligible cost--Costs of the capital equipment, materials, labor, preparation, installation, or administration directly associated with implementing and completing a conservation program or project.(6) Eligible lending institution--a financial institution that makes commercial loans, is either a designated depository of state funds by the Texas comptroller of public accounts, herein referred to as a state depository, or an institution of the Farm Credit System headquartered in this state, and agrees to participate in a linked deposit program established under Water Code §17.905 and is willing to agree to provide collateral equal to the amount of linked deposits placed with it.(7) Executive administrator--The executive administrator of the Texas Water Development Board, or an authorized representative of the executive administrator.(8) Fund--The agricultural water conservation fund authorized by Section 50-d, Article III, of the Texas Constitution.(9) Linked Deposit--a deposit governed by a linked deposit agreement between the board and an eligible lending institution that requires that:(A) the eligible lending institution pay interest to the board on the deposit at a rate equal to the asking yield for a U.S. Treasury note with a twelve-month maturity as of the date five days preceding the submission of all the documents required of the eligible lending institution to the executive administrator requesting a linked deposit agreement;(B) the state not withdraw any part of the deposit except as according to the terms of the linked deposit agreement and the terms of this division; and(C) the eligible lending institution agree to lend the value of the deposit to a person at a rate not to exceed the interest paid by the eligible lending institution to the board plus four percent;(10) Linked Deposit Agreement--a written agreement between the board, acting through the executive administrator, and an eligible lending institution providing for the deposit by the board of an amount of money from the fund with the eligible lending institution executed pursuant to the authority and according to the conditions of this chapter.(11) Person--An individual, corporation, partnership, association, or other legal entity that is not a political subdivision.(12) Pledged security--Means the securities authorized by these rules and the linked deposit agreement to secure the board's deposit of funds with the eligible lending institution.(13) Political subdivision--Includes a municipality, county, district or authority created under the Texas Constitution Article III, Section 52, or Article XVI, Section 59, an institution of higher education as defined by §61.003, Education Code, any interstate compact commission to which the state is a party, and any nonprofit water supply corporation created and operating under Texas Water Code Chapter 67. Source Note: The provisions of this §367.2 adopted to be effective March 9, 2004, 29 TexReg 2362; amended to be effective July 6, 2004, 29 TexReg 6348; amended to be effective May 9, 2005, 30 TexReg 2680; amended to be effective November 26, 2014, 39 TexReg 9243. 10 TEXAS WATER DEVELOPMENT BOARD 367 AGRICULTURAL WATER CONSERVATION PROGRAM §367.2 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113510&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 113510 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113510&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 113510 03/11/2026 To the extent authorized by Water Code §17.899, the board may use money in the fund to:(1) provide a grant to a state agency to pay the eligible costs for a conservation program or conservation project, including a conservation program that provides funding to a political subdivision or person for a conservation project;(2) provide a grant or loan to a political subdivision to pay the eligible costs for a conservation program or conservation project; and(3) provide a linked deposit to an eligible lending institution for a loan to a person for a conservation project pursuant to the terms of §§367.15 - 367.20 of this chapter. Source Note: The provisions of this §367.3 adopted to be effective March 9, 2004, 29 TexReg 2362; amended to be effective July 6, 2004, 29 TexReg 6348. 10 TEXAS WATER DEVELOPMENT BOARD 367 AGRICULTURAL WATER CONSERVATION PROGRAM §367.3 Eligible Uses of the Fund https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=108064&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 108064 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=108064&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 108064 03/11/2026 (a) Each fiscal year, or more frequently at the discretion of the board, the executive administrator shall present to the board: (1) a statement of the total available money in the fund; (2) a recommendation identifying the amount of money from the Fund that may be made available to eligible applicants for grants and loans. (b) the board shall approve the final allocations of money from the fund for different purposes; (c) Upon the approval of the board, the executive administrator shall publish notice in the Texas Register requesting applications for grants, which shall include: (1) the funds available for grants for state agencies and political subdivisions; (2) the types of programs or projects for which applications are being solicited; (3) any requirements for applications in addition to the requirements set forth in this chapter; (4) the method and criteria for evaluation and approval of applications by the board; (5) any requirements to be applied to the use of grant money in addition to the requirements set forth in this chapter; and (6) the date by which the application must be submitted to the executive administrator. (d) Eligible applicants may also submit applications for conservation programs or projects at any time. The executive administrator shall periodically submit all such unsolicited applications for review and consideration by the board. Source Note: The provisions of this §367.4 adopted to be effective March 9, 2004, 29 TexReg 2362. 10 TEXAS WATER DEVELOPMENT BOARD 367 AGRICULTURAL WATER CONSERVATION PROGRAM §367.4 Determination of Availability https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=108065&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 108065 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=108065&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 108065 03/11/2026 (a) To be considered by the board, all applications submitted for money from the fund must include:(1) the official name and address of the applicant;(2) the constitutional and statutory authority creating the applicant and under which the applicant currently operates;(3) the names and addresses of the individual or individuals with the legal authority to perform the acts of the entity, and title of position;(4) an affidavit from the individual with the authority to act on behalf of the applicant, or a certified copy of a resolution adopted or minutes approved by the governing body with the authority to act on behalf of the applicant, which:(A) identifies the amount that the applicant is requesting;(B) authorizes the submission of an application on behalf of the entity; and(C) designates an authorized representative to submit the application and perform all reasonable and necessary action in support of the application and, if approved by the board, to perform the terms and conditions of the award of money from the fund;(5) the name, address, and title of the designated representative;(6) a map and description of the geographic area in which the applicant is authorized to conduct such actions as are necessary for the proposed conservation program or project;(7) a description of the proposed program or project that includes:(A) the geographic area in which it will occur; and(B) the time schedule in which it will occur;(8) a proposed budget for the program or project that identifies:(A) the total cost;(B) the cost of each significant element of the program or project; and(C) other sources of funds, if any;(9) the predicted water conservation and other benefits that will be created from the proposed program or project;(10) a conservation plan and program of work or other sufficient description of the applicant's commitment to water conservation;(11) identification of a water conservation water management strategy identified in the most recent applicable regional water plan or state water plan that it will be implemented by the use of the grant; and(12) such additional information that may be requested by the executive administrator or the board.(b) To be considered by the board, in addition to the requirements of subsection (a) of this section, all applications submitted for loans from the fund must include:(1) fiscal information with a plan for repayment to the board of the loan; and(2) if the political subdivision intends to use the board's loan to provide loans to persons;(A) a description of the types of conservation projects which will be funded by the loans provided to the political subdivision's applicants;(B) the standards applied by the political subdivision for the applications, security, repayment, and financial integrity for the loans;(C) the procedures for considering and approving loan applications submitted to the political subdivision and to assess the financial integrity of the person applying for the loan; and(D) a sample or adequate description of the agreement pursuant to which the funds will be provided. Source Note: The provisions of this §367.5 adopted to be effective March 9, 2004, 29 TexReg 2362. 10 TEXAS WATER DEVELOPMENT BOARD 367 AGRICULTURAL WATER CONSERVATION PROGRAM §367.5 Application Requirements https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=108066&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 108066 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=108066&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 108066 03/11/2026 In addition to the requirements of §367.5 of this chapter, if the funds provided by the board will be used for construction of a conservation project, to be considered by the board the application shall include an engineering feasibility report signed and sealed by a professional engineer licensed in the State of Texas which shall contain:(1) description and purpose of the project;(2) the cost of the project;(3) a description of alternatives considered and reasons for the selection of the project proposed;(4) sufficient information to evaluate the engineering feasibility;(5) maps and drawings as necessary to locate and describe the project area;(6) a statement as to whether the proposed construction will require surface or subsurface disturbance of the soil or alter the existing vegetation; and(7) such other information or data as necessary to evaluate the project and requested the executive administrator. Source Note: The provisions of this §367.6 adopted to be effective March 9, 2004, 29 TexReg 2362. 10 TEXAS WATER DEVELOPMENT BOARD 367 AGRICULTURAL WATER CONSERVATION PROGRAM §367.6 Application with Engineering Report https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=108067&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 108067 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=108067&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 108067 03/11/2026 (a) In addition to the requirements of §367.5 and §367.6 of this chapter, if the funds provided by the board will be used for construction of a conservation project which will require surface or subsurface disturbance of the soil or alter the existing vegetation, the applicant shall conduct an environmental assessment in compliance with this section. The purpose of this section is to provide the executive administrator with sufficient information to inform the board whether a proposed project has been adequately reviewed by the regulatory agencies and whether such review provides a reasonable level of certainty that the project will comply with state and federal environmental regulations.(b) Definition of terms. In this section, the following words and terms shall have the following meanings, unless the context clearly indicates otherwise.(1) Environmental regulation--The acts, statutes, or policies listed in subsection (c)(1) of this section and the acts, statutes, or policies identified by the executive administrator pursuant to subsection (c)(2) of this section.(2) Regulatory agency--The governmental agency with the jurisdiction to review compliance with or to enforce an environmental regulation.(3) Preliminary project information--The information submitted by an applicant to the executive administrator pursuant to subsection (e) of this section.(4) Affected environmental regulation--An environmental regulation with which a proposed project potentially may not conform as determined by the executive administrator under this section after reviewing the preliminary project information or the environmental assessment document, if any.(5) Unaffected environmental regulation--An environmental regulation with which a proposed project will likely conform as determined by the executive administrator under this section after reviewing the preliminary project information or the environmental assessment document, if any.(c) Applicable environmental regulations.(1) Uniform requirements. Prior to commitment of funds, the proposed project shall be coordinated, to the extent appropriate under the three-level review of subsection (f) of this section, with the regulatory agencies to determine the degree of compliance with the following:(A) Texas Antiquities Code as administered by the Texas Historical Commission;(B) Federal Endangered Species Act as administered by the United States Fish and Wildlife Service;(C) resource protection under the Texas Parks and Wildlife Code and Chapter 57 of this title (relating to Fisheries), as administered by the Texas Parks and Wildlife Department; and(D) Clean Water Act, §404 and Rivers and Harbors Act, §10 as administered by the United States Department of the Army, Corps of Engineers.(2) Conditional requirements. Proposed projects under certain circumstances may impact other environmental acts, statutes, or policies requiring additional coordination, to the extent appropriate under subsection (f) of this section. The executive administrator may require an applicant to perform such additional coordination for the following environmental regulations:(A) Migratory Bird Treaty Act as administered by the United States Fish and Wildlife Service;(B) National Flood Insurance Act of 1968 as administered by the local floodplain protection manager;(C) state land easements under Texas Natural Resources Code, Chapter 51, as administered by the Texas General Land Office;(D) parks and recreational lands pursuant to the Texas Parks and Wildlife Code, Chapter 26;(E) marl, sand, gravel, shell, and mudshell permits under the Texas Parks and Wildlife Code, Chapter 86, and Chapter 57 of this title as administered by the Texas Parks and Wildlife Department; and(F) any other act, statute, or policies deemed applicable by the executive administrator.(d) Filing of assessment or statement. If an agency of the state or federal government prepares or requires an environmental assessment or an environmental impact statement to be prepared for substantially the same project proposed for board financial assistance, then the applicant shall file with the executive administrator the assessment or the statement prepared or required by the state or federal government, and a copy of the state or federal agency's issued decision document or permit in lieu of the information or environmental assessment prepared in accordance with subsections (e) or (f) of this section. Nothing herein shall be construed to require an applicant to prepare an environmental assessment when the information required under this section is currently available in an environmental assessment, environmental impact statement, or other documents prepared in connection with the same project.(e) Preliminary project information. Prior to or concurrently with the submission of an application, the applicant shall submit the following information:(1) a written description of the proposed project;(2) a map of sufficient detail to accurately depict the location of each project element; and(3) preliminary data on any known environmental, social, and permitting issues which may affect the alternatives considered for implementation of the project or which may impact the existing environment in a manner that is the subject of any environmental regulation.(f) Environmental review. Based on the preliminary project information and any information readily available to the executive administrator, the executive administrator shall require the applicant to comply with the provisions of this subsection for either categorical exclusion review, mid-level review, or full review depending on the complexity of the project and its environmental impacts. Upon submission by the applicant of the information required by this subsection, the executive administrator shall summarize all relevant environmental data and any regulatory agency comments and public comments received regarding the proposed project in a memorandum. Such memorandum shall include a finding regarding the proposed project's compliance with the environmental regulations and may include a recommendation on any avoidance, minimization, or mitigation measures recommended by an regulatory agency through this review process. Such memorandum shall be submitted to and considered by the board with the application for financial assistance.(1) Categorical exclusion. If the executive administrator determines from the preliminary project information that the proposed project would not appear to cause significant environmental impacts under any environmental regulation, the executive administrator shall notify all regulatory agencies of the executive administrator's intent to exclude the proposed project from further environmental review. Unless an objection is received from any regulatory agency within 30 days after such notification is sent by the executive administrator, the executive administrator shall notify the applicant that the proposed project is categorically excluded from further environmental review requirements.(2) Mid-level review. If the executive administrator determines from the proposed project information that the proposed project would appear to cause only significant environmental impacts which are limited in number or scope or which may be readily avoided, minimized, or mitigated, the proposed project shall be excluded from further review of unaffected environmental regulations while additional information for adequate review of affected environmental regulations shall be required in accordance with the following procedures.(A) The executive administrator shall:(i) notify the regulatory agencies administering the unaffected environmental regulations of the executive administrator's intent to exclude the proposed project from further review of the unaffected environmental regulations. Unless the executive administrator receives objections to the intent to exclude the project from review by such agency within 30 days after such notification is sent, the executive administrator shall deem the proposed project as excluded from further review of such unaffected environmental regulation; and(ii) promptly notify the applicant of the unaffected environmental regulations which shall be excluded from further environmental review, the affected environmental regulations which shall require further environmental review, and any further information required by statute or the regulatory agencies administering the affected environmental regulations for adequate environmental review.(B) The applicant shall then choose between one of the two following options and promptly notify the executive administrator of the option selected:(i) the applicant shall coordinate with the regulatory agencies administering the affected environmental regulations as identified pursuant to subparagraph (A)(ii) of this paragraph, provide to the executive administrator copies of all information submitted by the applicant to such regulatory agencies, provide to the executive administrator copies of all documents received by the applicant from such regulatory agencies regarding the proposed project and, if the executive administrator has determined that it is an affected environmental regulation, documentation establishing compliance with Texas Parks and Wildlife Code, Chapter 26; or(ii) the applicant shall provide to the executive administrator the information required by the regulatory agencies administering the affected environmental regulations for their review and, if the executive administrator has determined that it is an affected environmental regulation, documentation establishing compliance with Texas Parks and Wildlife Code, Chapter 26 whereupon the executive administrator shall coordinate the project review with such regulatory agencies and provide to the applicant copies of all documents received from such regulatory agencies regarding the proposed project.(3) Full review. If the executive administrator determines from the proposed project information that the proposed project would appear to cause extensive significant impacts that are not readily avoided, minimized, or mitigated or would appear to involve a probable or known significant public controversy relating to environmental or social impacts, the following procedure shall apply:(A) the applicant shall prepare an environmental assessment document which shall include all the information required by the regulatory agencies for adequate review by such agencies, a technical description of all the alternatives to the proposed project considered by the applicant, and a discussion of the proposed project's impact on environmental, social, and economic issues compared to such impacts of the alternatives considered;(B) upon approval by the executive administrator of the environmental assessment document, the executive administrator will provide notification regarding the unaffected environmental regulations in accordance with the procedures under paragraph (2)(A) of this subsection; and(C) the applicant shall submit the approved environmental assessment document to the regulatory agencies administering the affected environmental regulations for review and comment and provide to the executive administrator copies of all the documents received by the applicant from the regulatory agencies regarding the proposed project and, if the executive administrator has determined that it is an affected environmental regulation, documentation establishing compliance with Texas Parks and Wildlife Code, Chapter 26. Alternatively, the applicant may request that the executive administrator submit the environmental assessment document to such agencies and, upon completion of such coordination, the executive administrator shall provide to the applicant copies of all documents received from such regulatory agencies regarding the proposed project.(4) Project change. If the project is changed to include areas or issues that were previously unassessed, then the environmental review process identified in this section shall be employed for such unassessed areas or issues and the executive administrator shall determine the appropriate level of review for such changed project.(5) Review change. If, at any time prior to the submission of an application to the board and upon reliable information, the executive administrator determines that the level of review being performed for a proposed project is inappropriate or that the determination that an environmental regulation was an unaffected environmental regulation was incorrect, the executive administrator shall promptly notify the applicant of the required level of review under this section or of the affected environmental regulation for which additional review is required. Source Note: The provisions of this §367.7 adopted to be effective March 9, 2004, 29 TexReg 2362. 10 TEXAS WATER DEVELOPMENT BOARD 367 AGRICULTURAL WATER CONSERVATION PROGRAM §367.7 Application with Environmental Assessment https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=108068&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 108068 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=108068&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 108068 03/11/2026 (a) In reviewing a grant applications by a state agency, the board shall consider the following:(1) the commitment of the state agency to water conservation; and(2) the benefits that will be gained by making the grant.(b) Prior to approving a grant to a state agency, the board shall find that the grant funds will:(1) supplement rather than replace money of the state agency;(2) serve the public interest. In making this finding the board shall include a finding that the grant will assist in the implementation of a water conservation water management strategy identified in the most recent applicable approved regional water plan or state water plan; and(3) the grant will further water conservation in the state.(c) If a state agency is applying for funds that have been provided by legislative appropriation for such state agency, the board shall review the application according to the terms of the legislative appropriation. To approve such grant, the board shall make any determinations required by the legislative language.(d) Within a reasonable time after the approval of a grant application by the board, the executive administrator shall execute a written agreement with the state agency that specifies the manner in which the grant funds will be provided and such other terms and conditions as the executive administrator determines are reasonable and necessary to fulfill the purpose and intent of this chapter. Source Note: The provisions of this §367.8 adopted to be effective March 9, 2004, 29 TexReg 2362. 10 TEXAS WATER DEVELOPMENT BOARD 367 AGRICULTURAL WATER CONSERVATION PROGRAM §367.8 Grants to State Agencies https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=108069&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 108069 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=108069&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 108069 03/11/2026 (a) In reviewing an application by a political subdivision for a grant, the board shall consider:(1) the degree to which the political subdivision has used other available resources to finance the use for which the application is being made;(2) the willingness and ability of the political subdivision to raise revenue;(3) the commitment of the political subdivision to water conservation; and(4) the benefits that will be gained by making the grant.(b) To approve a grant to a political subdivision, the board must find that the grant funds will:(1) supplement rather than replace money of the political subdivision;(2) serve the public interest. In making this finding the board shall include a finding that the grant will assist in the implementation of a water conservation water management strategy identified in the most recent applicable regional water plan or state water plan; and(3) further water conservation in the state.(c) Within a reasonable time after the approval of a grant application by the board, the executive administrator shall execute a written agreement with the political subdivision that specifies the manner in which the grant funds will be provided and such other terms and conditions as the executive administrator determines are reasonable and necessary to fulfill the purpose and intent of this chapter. Source Note: The provisions of this §367.9 adopted to be effective March 9, 2004, 29 TexReg 2362. 10 TEXAS WATER DEVELOPMENT BOARD 367 AGRICULTURAL WATER CONSERVATION PROGRAM §367.9 Grants to Political Subdivisions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=108070&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 108070 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=108070&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 108070 03/11/2026 (a) In reviewing an application by a political subdivision for a loan, the board shall consider the ability of the political subdivision to repay the loan and whether the loan will further water conservation in this state.(b) To approve a loan to a political subdivision, the board must find that:(1) the public interest is served by providing the loan;(2) the political subdivision has the ability to repay the loan; and(3) the loan will further water conservation in the state.(c) The board may make a loan available to a political subdivision in any manner the board considers economically feasible, including purchase of bonds or securities of the political subdivision or execution of a loan agreement with the political subdivision. The board may not purchase bonds or securities that have not been approved by the attorney general and registered by the comptroller. Source Note: The provisions of this §367.10 adopted to be effective March 9, 2004, 29 TexReg 2362. 10 TEXAS WATER DEVELOPMENT BOARD 367 AGRICULTURAL WATER CONSERVATION PROGRAM §367.10 Loans to Political Subdivisions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=108071&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 108071 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=108071&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 108071 03/11/2026 (a) The maturity of a loan shall be determined by the board.(b) The fixed interest rate for a loan shall be equal to the asking yield for a U.S. Treasury note with a twelve-month maturity on the date that rates are set.(c) The executive administrator set the applicable interest rate for a loan five business days prior to:(1) the effective date of the loan agreement between the board and the political subdivision; or(2) the adoption by the political subdivision of the ordinance or resolution authorizing the bonds to be sold to the board.(d) If the loan closing does not occur within 45 days after the executive administrator sets the applicable interest rate, the executive administrator shall set a new interest rate as set forth in subsection (b) of this section or, at the sole discretion of the executive administrator, may re-authorize the previously identified interest rate. Source Note: The provisions of this §367.11 adopted to be effective March 9, 2004, 29 TexReg 2362. 10 TEXAS WATER DEVELOPMENT BOARD 367 AGRICULTURAL WATER CONSERVATION PROGRAM §367.11 Loan Maturity and Interest Rates https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113511&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 113511 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113511&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 113511 03/11/2026 (a) This section applies to conservation projects financed by the board through a grant or loan and which include construction.(b) Prior to the release of funds for construction of a conservation project, an approved applicant shall:(1) submit to the executive administrator engineering plans and specifications, which shall be as detailed as would be required for submission to contractors bidding on the work and which shall be consistent with the engineering feasibility information submitted with the application;(2) obtain written approval from the executive administrator of the submitted engineering plans and specifications; and(3) for projects which the approved applicant will execute construction contracts, prior to receiving bids and awarding the contract, obtain executive administrator approval of the contract documents, such documents to include:(A) provisions assuring compliance with the board's rules and all relevant statutes;(B) provisions providing for the district to retain a minimum of 5.0% of the progress payments otherwise due to the contractor until construction is substantially complete and reduction in the retainage is authorized by the executive administrator;(C) a contractor's act of assurance form to be executed by the contractor which shall warrant compliance by the contractor with all laws of the State of Texas and all rules and published policies of the board; and(D) any additional conditions that may be requested by the executive administrator.(c) If money from the fund will be used to purchase bonds, and proceeds of the bonds are required for planning, designing or preparation of plans and specifications or other activities not related to construction, the political subdivision may close the loan, receive funds for the money allocated for planning, designing or preparation of plans and specifications or other activities not related to construction if the funds for construction are deposited to an escrow account the agreement for which is acceptable to the executive administrator in form and substance.(d) After the construction contract is awarded, the approved applicant shall:(1) insure adequate inspection of the project by a registered professional engineer;(2) obtain assurance from the engineer that the work is performed in a satisfactory manner in accordance with the approved plans and specifications, other engineering design or permit documents, approved alterations, and in accordance with sound engineering principles and construction practices;(3) allow the executive administrator to inspect the construction and materials of any project at any time; and(4) take corrective action as necessary to complete the project in accordance with approved plans and specifications or contract documents.(e) Upon notice from the approved applicant or its project engineer that the project has been completed in accordance with approved plans and specifications, the executive administrator shall take such reasonable actions necessary to confirm that the project has been completed according to the approved plans and specifications. Upon the determination of the executive administrator that the conservation project approved by the board has been constructed in accordance with the approved plans and specifications, the executive administrator shall issue a certificate of approval to the approved applicant. After issuance of a certificate of approval, the approved applicant shall release all remaining retainage under the contract documents.(f) Approval of plans and specifications, contract documents, and project inspection shall not subject the State of Texas to any liability related to the construction of the project. Source Note: The provisions of this §367.12 adopted to be effective March 9, 2004, 29 TexReg 2362; amended to be effective July 6, 2004, 29 TexReg 6348. 10 TEXAS WATER DEVELOPMENT BOARD 367 AGRICULTURAL WATER CONSERVATION PROGRAM §367.12 Construction Requirements https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=108072&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 108072 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=108072&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 108072 03/11/2026 Any substantial alteration which involves a change in the basic purpose of a program or project, or which involves an increase in the loan commitment of the board for the project, must be approved in writing by the board. All other changes to the program or project must be approved by the executive administrator. Source Note: The provisions of this §367.13 adopted to be effective March 9, 2004, 29 TexReg 2362. 10 TEXAS WATER DEVELOPMENT BOARD 367 AGRICULTURAL WATER CONSERVATION PROGRAM §367.13 Amendments to a Program or Project https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=108073&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 108073 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=108073&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 108073 03/11/2026 A political subdivision that receives a conservation program or project loan shall:(1) upon request of the executive administrator, promptly provide certified copies of all minutes, operating budgets, monthly operating statements, contracts with borrowers, audit reports and other documents concerning the conservation program or project loan; and(2) upon request of the executive administrator or at the end of each state fiscal year, shall provide to the executive administrator a report on the loans made to borrowers during the preceding state fiscal year, in a format specified by the executive administrator. Source Note: The provisions of this §367.14 adopted to be effective March 9, 2004, 29 TexReg 2362. 10 TEXAS WATER DEVELOPMENT BOARD 367 AGRICULTURAL WATER CONSERVATION PROGRAM §367.14 Reporting Requirements for Loans https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113512&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 113512 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113512&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 113512 03/11/2026 The board authorizes the executive administrator to execute a linked deposit agreement with an eligible lending institution to provide money from the fund according to and in compliance with §§367.15 - 367.20 of this chapter. The linked deposit agreement shall include the obligations set forth in §§367.15 - 367.20 of this chapter and such other terms and conditions determined by the executive administrator to be reasonable and necessary to fulfill the objectives of this chapter. Source Note: The provisions of this §367.15 adopted to be effective July 6, 2004, 29 TexReg 6348. 10 TEXAS WATER DEVELOPMENT BOARD 367 AGRICULTURAL WATER CONSERVATION PROGRAM §367.15 Authorization to Execute Agreements https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113513&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 113513 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113513&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 113513 03/11/2026 (a) Before the executive administrator may execute a linked deposit agreement, a lending institution shall submit to the executive administrator:(1) the application of a person determined by the eligible lending institution to be eligible and creditworthy to receive a loan according the criteria of the institution;(2) a draft loan agreement with such person that:(A) identifies the principal amount of the loan which shall not exceed $250,000;(B) identifies the interest rate to be paid by the borrower which shall not exceed the interest rate paid by the eligible lending institution to the board plus four percent;(C) includes a repayment schedule which identifies the dates on which payments are due from the loan recipient to the lending institution;(D) limits the use of the funds to a conservation project certified pursuant to subsection (a)(3) of this section; and(E) contains such other terms and conditions determined by the eligible lending institution in its sole discretion to be reasonable for the purposes of a private loan agreement;(3) a certification from:(A) the eligible lending institution of the interest rate applicable to the proposed loan;(B) a director of a soil and water conservation district for the district in which the project is located certifying that:(i) the loan recipient has a soil and water conservation plan approved by the district; and(ii) the project furthers or implements such plan; and(4) such other information or documentation as determined by the executive administrator to be reasonable and necessary to fulfill the objectives of this chapter.(b) Before the executive administrator executes a linked deposit agreement, the executive administrator shall review the information submitted in this section and determine that:(1) the lending institution is an eligible lending institution as defined in §367.2 of this chapter;(2) the documents submitted by the lending institution comply with the requirements of this chapter; and(3) execution of the linked deposit agreement fulfills the purposes and intent of this chapter and the public interest. Source Note: The provisions of this §367.16 adopted to be effective July 6, 2004, 29 TexReg 6348. 10 TEXAS WATER DEVELOPMENT BOARD 367 AGRICULTURAL WATER CONSERVATION PROGRAM §367.16 Conditions Prior to Execution https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119934&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 119934 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119934&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 119934 03/11/2026 (a) Upon execution of a linked deposit agreement by the executive administrator and an eligible lending institution, the board, acting through its executive administrator, shall:(1) deposit with the lending institution the amount of money identified in the linked deposit agreement from the fund; and(2) perform such other terms and conditions as specified in the linked deposit agreement.(b) The board or the executive administrator may withdraw linked deposits and accrued interest from the lending institution without penalty according to the terms of the linked deposit agreement or if the institution ceases to be either a state depository as designated by the Texas comptroller of public accounts or a Farm Credit System institution headquartered in Texas. Source Note: The provisions of this §367.17 adopted to be effective July 6, 2004, 29 TexReg 6348; amended to be effective May 9, 2005, 30 TexReg 2680. 10 TEXAS WATER DEVELOPMENT BOARD 367 AGRICULTURAL WATER CONSERVATION PROGRAM §367.17 Board Obligations in Linked Deposit Agreements https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119935&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 119935 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119935&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 119935 03/11/2026 (a) Upon execution of a linked deposit agreement and receipt of money from the board, the lending institution shall:(1) provide collateral as required in §367.21 of this title (relating to Collateral for Linked Deposits);(2) lend the value of the deposit being provided by the board substantially according to the terms and conditions of the draft loan agreement submitted by the lending institution to the executive administrator;(3) pay to the board interest on the deposit at a rate equal to the asking yield for a U.S. Treasury note with a twelve-month maturity as of the date five days preceding the submission of all the documents required of the eligible lending institution to the executive administrator requesting a linked deposit agreement;(4) submit compliance reports to the executive administrator annually providing information on the performance of the terms of the loan by the person receiving the loan from the lending institution and such other information or documents as specified in the linked deposit agreement;(5) return the amount of funds provided as a linked deposit as specified in the linked deposit agreement; and(6) perform such other terms and conditions as specified in the linked deposit agreement, this chapter, the rules of the board, and applicable federal and state law.(b) A delay in payment or a default on a loan by the recipient of the loan from the lending institution does not affect the validity of the deposit agreement or the repayment of the deposit in accordance with the terms of the deposit agreement. Source Note: The provisions of this §367.18 adopted to be effective July 6, 2004, 29 TexReg 6348; amended to be effective May 9, 2005, 30 TexReg 2680. 10 TEXAS WATER DEVELOPMENT BOARD 367 AGRICULTURAL WATER CONSERVATION PROGRAM §367.18 Lending Institution Obligations in Linked Deposit Agreements https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113516&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 113516 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113516&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 113516 03/11/2026 After the executive administrator has executed a linked deposit agreement, the executive administrator shall:(1) at the next available board meeting and each month thereafter, provide a report to the board that:(A) identifies all linked deposit agreements; and(B) the status of the loans made by lending institutions; and(2) in the event of noncompliance on the part of an eligible lending institution, inform the Texas comptroller of public accounts of the noncompliance and include information regarding the noncompliance in the monthly report to the board. Source Note: The provisions of this §367.19 adopted to be effective July 6, 2004, 29 TexReg 6348. 10 TEXAS WATER DEVELOPMENT BOARD 367 AGRICULTURAL WATER CONSERVATION PROGRAM §367.19 Requirements after Execution https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113517&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 113517 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113517&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 113517 03/11/2026 The state is not liable to an eligible lending institution for payment of the principal, interest, or any late charges on a loan made to an approved applicant. A linked deposit is not an extension of the state's credit within the meaning of any state constitutional prohibition. Source Note: The provisions of this §367.20 adopted to be effective July 6, 2004, 29 TexReg 6348. 10 TEXAS WATER DEVELOPMENT BOARD 367 AGRICULTURAL WATER CONSERVATION PROGRAM §367.20 State Liability https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119936&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 119936 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119936&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 119936 03/11/2026 (a) Eligible lending institutions shall secure funds which the board deposits pursuant to a linked deposit agreement in an amount not less than the amount of the deposit under the linked deposit agreement:(1) increased by the amount of any accrued interest; and(2) reduced to the extent that the United States or an instrumentality of the United States insures the deposit.(b) For the purposes of this chapter, the value of securities shall be the market value obtained from a nationally recognized financial information service based upon the previous day's closing market quotations.(c) If the market value of the securities pledged by the eligible lending institution becomes less than the amount of funds on deposit in the depository by the board, the executive administrator shall require that additional collateral be pledged immediately, or that the amounts of board funds on deposit be reduced. If the collateral pledged by an eligible lending institution is in excess of that required by the market value of funds on deposit by the board, the executive administrator may allow the release of the excess collateral.(d) Eligible lending institutions shall secure funds that the board deposits pursuant to a linked deposit agreement using only the following as pledged securities except as further limited by subsection (e) of this section:(1) obligations, including letters of credit, of the United States or its agencies and instrumentalities;(2) direct obligations of this state or its agencies and instrumentalities;(3) collateralized mortgage obligations directly issued by a federal agency or instrumentality of the United States, the underlying security for which is guaranteed by an agency or instrumentality of the United States;(4) other obligations, the principal and interest of which are unconditionally guaranteed or insured by, or backed by the full faith and credit of, this state or the United States or their respective agencies and instrumentalities;(5) obligations of states, agencies, counties, cities, and other political subdivisions of any state rated as to investment quality by a nationally recognized investment rating firm not less than A or its equivalent; and(6) bonds issued, assumed, or guaranteed by the State of Israel.(e) The following may not be used to secure funds that the board deposits pursuant to a linked deposit agreement:(1) obligations whose payment represents the coupon payments on the outstanding principal balance of the underlying mortgage-backed security collateral and pays no principal;(2) obligations whose payment represents the principal stream of cash flow from the underlying mortgage-backed security collateral and bears no interest;(3) collateralized mortgage obligations that have a stated final maturity date of greater than 10 years; and(4) collateralized mortgage obligations the interest rate of which is determined by an index that adjusts opposite to the changes in a market index.(f) An eligible lending institution may substitute one group of securities eligible under this section and the linked deposit agreement for another group of securities eligible under this section and the linked deposit agreement.(g) Within the limits of this section, the executive administrator may limit the selection of eligible investment securities for linked deposits in the linked deposit agreement. Source Note: The provisions of this §367.21 adopted to be effective May 9, 2005, 30 TexReg 2680. 10 TEXAS WATER DEVELOPMENT BOARD 367 AGRICULTURAL WATER CONSERVATION PROGRAM §367.21 Collateral for Linked Deposits https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119937&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 119937 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119937&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 119937 03/11/2026 (a) Eligible lending institutions shall maintain a separate, accurate, and complete record relating to the pledged securities, the deposit of the board's funds, and all transactions related to the pledged securities.(b) The comptroller or the executive administrator may examine and verify at any reasonable time the pledged securities or a record an eligible lending institution maintains under this section. Source Note: The provisions of this §367.22 adopted to be effective May 9, 2005, 30 TexReg 2680. 10 TEXAS WATER DEVELOPMENT BOARD 367 AGRICULTURAL WATER CONSERVATION PROGRAM §367.22 Records of Depository https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119938&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 119938 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119938&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 119938 03/11/2026 (a) An eligible lending institution shall deposit with a custodian a pledged security. The custodian and the executive administrator shall agree in writing on the terms and conditions for securing a linked deposit.(b) A custodian must be approved by the executive administrator, either in the linked deposit agreement or separately, and be:(1) a state or national bank that:(A) is designated by the comptroller as a state depository;(B) has its main office or a branch office in this state; and(C) has a capital stock and permanent surplus of $5 million or more;(2) the Texas Treasury Safekeeping Trust Company;(3) a Federal Reserve Bank or a branch of a Federal Reserve Bank; or(4) a federal home loan bank.(c) A custodian holds in trust the pledged securities used to secure the board's deposit in the eligible lending institution.(d) A custodian, whether acting alone or through a permitted institution under §367.24 of this title (relating to Custodian's Deposit of Pledged Security with Another Institution), is for all purposes the bailee or agent of the board.(e) On receipt of a pledged security, a custodian shall:(1) immediately identify on its books and records, by book entry or another method, the pledge of the security to the board; and(2) promptly issue and deliver to the executive administrator a trust receipt for the pledged security. If the custodian deposits the pledged security pursuant to §367.24 of this title, the trust receipt shall so indicate.(f) An eligible lending institution may not itself be the custodian of securities it pledges for the linked deposit, nor may it deposit the securities with an entity of which the eligible lending institution is a branch.(g) The eligible lending institution shall pay any charges of the custodian bank for accepting and holding the securities. Source Note: The provisions of this §367.23 adopted to be effective May 9, 2005, 30 TexReg 2680. 10 TEXAS WATER DEVELOPMENT BOARD 367 AGRICULTURAL WATER CONSERVATION PROGRAM §367.23 Deposit of Pledged Securities with Custodian https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119939&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 119939 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119939&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 119939 03/11/2026 (a) The custodian may deposit a pledged security with one of the following institutions:(1) a Federal Reserve Bank;(2) a clearing corporation as defined by §8.102, Texas Business and Commerce Code;(3) a bank eligible to be a custodian under §367.23 of this title (relating to Deposit of Pledged Securities with Custodian); or(4) a state or nationally chartered bank that is controlled by a bank holding company that controls a bank eligible to be a custodian under §367.23 of this title.(b) The custodian may not deposit a pledged security with an eligible lending institution or an entity of which the eligible lending institution is a branch.(c) If a deposit is made under subsection (a) of this section, the institution to which the deposit is made shall:(1) hold the pledged security to secure funds the board deposits with the eligible lending institution; and(2) on receipt of deposit, immediately issue to the custodian an advice of transaction or other document that is evidence of the deposit of the pledged security.(d) An institution may apply book entry procedures when an investment security held by a custodian is deposited under this section. The records must at all times state the name of the custodian that deposits an investment security in the institution. Source Note: The provisions of this §367.24 adopted to be effective May 9, 2005, 30 TexReg 2680. 10 TEXAS WATER DEVELOPMENT BOARD 367 AGRICULTURAL WATER CONSERVATION PROGRAM §367.24 Custodian's Deposit of Pledged Security with Another Institution https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119941&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 119941 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119941&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 119941 03/11/2026 (a) The custodian shall maintain a separate, accurate, and complete record relating to each pledged security and each transaction relating to a pledged security.(b) The comptroller or the executive administrator may examine and verify at any reasonable time a pledged security or a record a custodian maintains under this section. The board or its agent may inspect at any time a pledged security evidenced by a trust receipt.(c) The custodian shall file a collateral report with the comptroller in the manner and on the dates prescribed by the comptroller. Source Note: The provisions of this §367.25 adopted to be effective May 9, 2005, 30 TexReg 2680. 10 TEXAS WATER DEVELOPMENT BOARD 367 AGRICULTURAL WATER CONSERVATION PROGRAM §367.25 Records of Custodian https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119940&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 119940 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119940&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 119940 03/11/2026 As part of an audit or regulatory examination of an eligible lending institution or custodian, the auditor or examiner shall examine and verify pledged securities and records maintained under this chapter, and shall report any significant or material noncompliance with this chapter to the comptroller and the board. Source Note: The provisions of this §367.26 adopted to be effective May 9, 2005, 30 TexReg 2680. 10 TEXAS WATER DEVELOPMENT BOARD 367 AGRICULTURAL WATER CONSERVATION PROGRAM §367.26 Audits and Examinations https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212889&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 212889 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212889&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 212889 03/11/2026 The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. Words defined in the Texas Water Code, Chapter 15, 16 or 17, and not defined here shall have the meanings provided by the appropriate Texas Water Code chapter.(1) Acquisition--The Applicant obtaining interests in land for the purposes of locating eligible project components.(2) Act--The Federal Safe Drinking Water Act, 42 U.S.C. §300f et seq.(3) Alternative Delivery Guidance--A document prepared by the Board after public review and comment and reviewed periodically that identifies alternative methods of project delivery available to applicants for financial assistance and the requirements for utilizing an alternative delivery method.(4) Applicant--The entity applying for financial assistance from the DWSRF including:(A) the entity that receives the financial assistance; and(B) the entity legally responsible to repay the debt.(5) Application--The information and supporting documentation submitted by or on behalf of the Applicant that may be used for commitment for financial assistance from the DWSRF or that the executive administrator determines must be completed for consideration for financial assistance from the DWSRF.(6) Authorized representative--The signatory agent authorized and directed by the Applicant's governing body to file the application and to sign documents relating to the project, on behalf of the Applicant.(7) Board--The Texas Water Development Board.(8) Bonds--All bonds, notes, certificates of obligation, and book-entry obligations authorized to be issued by any political subdivision.(9) Bypass--To pass over a higher ranked project in favor of a lower ranked project to ensure that funds available are utilized in a timely manner, to select an interrelated project, or to meet statutory and capitalization grant requirements as delineated in the applicable IUP.(10) Capitalization grant--The federal grant funds awarded annually by the EPA to the State for capitalization of the DWSRF.(11) Certification of Trust--An instrument executed by a home-rule municipality pursuant to Chapter 104, Local Government Code, governing the management of the financial assistance proceeds in accordance with §114.086, Texas Property Code.(12) Closing--The exchange of the Applicant's approved debt instruments for DWSRF financial assistance.(13) Commission--The Texas Commission on Environmental Quality.(14) Commitment--An offer by the Board to provide financial assistance to an Applicant as evidenced by a Board resolution.(15) Community water system--A public water system that:(A) serves at least 15 service connections used by year-round residents of the area served by the system; or(B) regularly serves at least 25 year-round residents.(16) Consolidation--Any one of the following activities:(A) a public water system acquiring another public water system;(B) a public water system providing retail service to another public water system; or(C) a public water system providing wholesale service, which may include operation of the system, to another public water system.(17) Construction account--A separate account created and maintained for the deposit of financial assistance and utilized by the Applicant to pay eligible expenses for the project.(18) Construction phase--The erection, acquisition, alteration, remodeling, rehabilitation, improvement, extension, or other man-made change necessary for an eligible project or activity.(19) Contaminant--Any physical, chemical, biological, or radiological substance present in water.(20) Contract documents--The engineering documentation relating to the project including engineering drawings, maps, technical specifications, design reports, instructions, and other contract conditions and forms that are in sufficient detail to allow contractors to bid on the work.(21) Davis-Bacon Act--The federal statute at 40 U.S.C. §3141 et seq. and in conformance with the U.S. Department of Labor regulations at 29 CFR Part 5 (Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction) and 29 CFR Part 3 (Contractors and Subcontractors on Public Building or Work Financed in Whole or in Part by Loans or Grants from the United States).(22) Debt--All bonds or other documents issued or to be issued by any political subdivision or eligible Applicant pledging repayment of the Board's financial assistance.(23) Design--The project phase during which the project design documents are prepared by the Applicant. Documents may include design surveys, plans, working drawings, specifications, and any procedures and protocols to be used during the construction of the project.(24) Disadvantaged community--A community that meets the affordability criteria based on income, unemployment rates, and population trends. Specifically, the service area of an eligible applicant, the service area of a community that is located outside the entity's service area, or a portion within the entity's service area if the proposed project is providing new service to existing residents in unserved areas; and meets the following affordability criteria: (a) has an annual median household income that is no more than 75 percent of the state median household income using an acceptable source of socioeconomic data, and (b) the household cost factor that considers income, unemployment rates, and population trends must be greater than or equal to one percent if only water or sewer service is provided or greater than or equal to two percent if both water and sewer service are provided. The required data and calculations of the household cost factor are specified in the IUP under which the project would receive funding.(25) Disaster--The occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property resulting from any natural or man-made cause, including fire, flood, earthquake, wind, storm, wave action, oil spill or other water contamination, volcanic activity, epidemic, air contamination, blight, drought, infestation, explosion, riot, hostile military or paramilitary action, extreme heat, other public calamity requiring emergency action, or energy emergency as defined in Texas Government Code §418.004.(26) Drinking Water State Revolving Fund (DWSRF)--The financial assistance program authorized by Texas Water Code, Chapter 15, Subchapter J in accordance with the Act.(27) Eligible Applicant--Any of the following entities:(A) a nonprofit noncommunity water system;(B) a nonprofit community water system;(C) a political subdivision that is a municipality, intermunicipal, interstate or state agency, or a nonprofit water supply corporation created and operating under Chapter 67 of the Texas Water Code;(D) privately-owned community water system; or(E) any other entity eligible under federal law to receive funds from the DWSRF.(28) Engineering feasibility report--Those necessary plans and studies that directly relate to the project and that are needed in order to assure compliance with the enforceable requirements of the Act and state statutes.(29) EPA--The United States Environmental Protection Agency or a designated representative.(30) Equivalency projects--Those funded projects that must follow all federal cross-cutter requirements.(31) Escrow account--A separate account maintained by an escrow agent until such funds are eligible for release to the construction account.(32) Escrow agent--Any of the following:(A) a state or national bank designated by the comptroller as a state depository institution in accordance with Texas Government Code Chapter 404, Subchapter C;(B) a custodian of collateral as designated in accordance with Texas Government Code Chapter 404, Subchapter D; or(C) a municipal official responsible for managing the fiscal affairs of a home-rule municipality in accordance with Texas Local Government Code Chapter 104.(33) Executive administrator--The executive administrator of the Board or a designated representative.(34) Expiration date--The date on which the Board's offer of financial assistance is no longer open or valid and by which a Closing must occur.(35) Financial assistance--Funding made available to eligible Applicants as authorized in 40 CFR §35.3525, including principal forgiveness.(36) Force majeure--Acts of god, strikes, lockouts, or other industrial disturbances, acts of the public enemy, war, blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, storms, floods, washouts, droughts, tornadoes, hurricanes, arrests and restraints of government and people, explosions, breakage or damage to machinery, pipelines or canals, and any other inabilities of either party, whether similar to those enumerated or otherwise, and not within the control of the party claiming such inability, which by the exercise of due diligence and care such party could not have avoided.(37) Green project--A project or components of a project that, when implemented, will result in energy efficiency, water efficiency, green infrastructure, or environmental innovation that is characterized as a green project either categorically or by utilizing a business case as approved by the executive administrator.(38) Green project reserve--A federal directive requiring a specified portion of the capitalization grant to be used for green projects.(39) Initial Invited Projects List--That portion of the Project Priority List listing the eligible projects ranked according to their rating that will initially be invited to submit applications in accordance with procedures and deadlines as detailed in the applicable IUP.(40) Intended Use Plan (IUP)--A document prepared annually by the Board, after public review and comment, which identifies the intended uses of all DWSRF program funds and describes how those uses support the overall goals of the DWSRF program.(41) Lending rate--The rate of interest applicable to financial assistance that must be repaid.(42) Market interest rates--Interest rates comparable to those attained for securities in an open market offering.(43) Municipality--A city, town, or other public body created by or pursuant to state law.(44) Non-equivalency projects--All projects other than Equivalency projects.(45) Nonprofit organization--Any legal entity that is recognized as a tax-exempt organization by the Texas Comptroller of Public Accounts pursuant to 34 Texas Administrative Code, Part 1, Chapter 3, Subchapter O (relating to State and Local Sales and Use Taxes).(46) Nonprofit noncommunity (NPNC) water system--A public water system that is not operated for profit, is owned by a political subdivision or nonprofit entity, and is not a community water system.(47) Outlay report--The Board's form used to report costs incurred on the project.(48) Permit--Any permit, license, registration, or other legal document required from any local, regional, state, or federal government for construction of the project.(49) Person--An individual, corporation, partnership, association, State, municipality, commission, or political subdivision of the State, or any interstate body, as defined by 33 U.S.C. §1362, including a political subdivision as defined by Chapter 15, Subchapter J, of the Texas Water Code, if the person is eligible for financial assistance under the Act.(50) Planning--The project phase during which the Applicant identifies and evaluates potential alternatives to meet the needs of the proposed project. It includes the environmental review described in Subchapter E of this Chapter and preparation of the engineering feasibility report as described in Subchapter F of this Chapter.(51) Political subdivision--A municipality, intermunicipal, interstate, or state agency, any other public entity eligible for assistance, or a nonprofit water supply corporation created and operating under Texas Water Code Chapter 67.(52) Population--The number of people who reside within the territorial boundaries of or receive wholesale or retail water service from the Applicant based upon data that is acceptable to the executive administrator and which includes the following:(A) acceptable demographic projections or other information in the engineering feasibility report or the latest official data available from the U.S. Census Bureau for an incorporated city; or(B) information on the population for which the project is designed, where the Applicant is not an incorporated city or town.(53) Primary drinking water regulation--Regulations promulgated by EPA which:(A) apply to public and private water systems;(B) specify contaminants which, in the judgment of the EPA, may have any adverse effect on the health of persons;(C) specify for each such contaminant either:(i) a maximum contaminant level if, in the judgment of the EPA, it is economically and technologically feasible to ascertain the level of such contaminant in water in public water systems; or(ii) if, in the judgment of the EPA, it is not economically or technologically feasible to ascertain the level of such contaminant, each treatment technique known to the EPA which leads to a reduction in the level of such contaminant sufficient to satisfy the requirements of the Act; and(D) contain criteria and procedures to assure a supply of drinking water which dependably complies with such maximum contaminant levels including quality control and testing procedures to ensure compliance with such levels and to ensure the proper operation and maintenance of the system, and requirements as to:(i) the minimum quality of water which may be taken into the system; and(ii) the siting of new facilities for public water systems.(54) Principal forgiveness--A type of additional subsidization authorized by 42 U.S.C. §300j-12(d) or federal appropriations acts, as detailed in the Intended Use Plan and principal forgiveness agreement or bond transcript applicable to the project.(55) Private Placement Memorandum (PPM)--A document functionally similar to an "official statement" used in connection with an offering of municipal securities in a private placement.(56) Project--The planning, acquisition, environmental review, design, construction, and other activities designed to accomplish the objectives, goals, and policies of the Act.(57) Project engineer--The engineer retained by the Applicant to provide professional engineering services during any phase of a project.(58) Project Information Form (PIF)--The form that the executive administrator determines must be submitted by Applicants for rating and ranking on an IUP.(59) Project Priority List--A listing found in the IUP of projects eligible for funding, ranked according to their rating criteria score and that may be further prioritized as described in the applicable IUP.(60) Public water system--(A) In General. A system that provides water to the public for human consumption through pipes or other constructed conveyances, if such system has at least 15 service connections or regularly serves at least 25 individuals. Such term includes:(i) any collection, treatment, storage, and distribution facilities under control of the operator of such system and used primarily in connection with such system; and(ii) any collection or pretreatment storage facilities not under such control which are used primarily in connection with such system.(B) Connections. A connection to a system that delivers water by a constructed conveyance other than a pipe shall not be considered a connection, if:(i) the water is used exclusively for purposes other than residential use (consisting of drinking, bathing, cooking, or other similar uses);(ii) the EPA or the Commission determines that alternative water to achieve the equivalent level of public health protection provided by the applicable national primary drinking water regulation is provided for residential or similar uses for drinking and cooking; or(iii) the EPA or the Commission determines that the water provided for residential or similar uses for drinking, cooking, and bathing is centrally treated or treated at the point of entry by the provider, a pass-through entity, or the user to achieve the equivalent level of protection provided by the applicable national primary drinking water regulations.(C) Irrigation districts. An irrigation district in existence prior to May 18, 1994, that provides primarily agricultural service through a piped water system with only incidental residential or similar uses shall not be considered to be a public water system if the system or the residential or similar users of the system comply with subparagraph (B)(ii) and (iii) of this paragraph.(D) Transition period. A water supplier that would be a public water system only as a result of modifications made shall not be considered a public water system until two years after August 6, 1996. If a water supplier does not serve 15 service connections or 25 people at any time after the conclusion of the two-year period, the water supplier shall not be considered a public water system.(61) Ready to proceed--A project for which available information indicates that there are no significant permitting, land acquisition, social, contractual, environmental, engineering, or financial issues that would keep the project from proceeding in a timely manner to the construction phase of the project.(62) Release of funds--The sequence and timing for Applicant's release of financial assistance funds from the escrow account to the construction account.(63) Secondary drinking water regulation--Regulations promulgated by EPA which apply to public water systems and which specify the maximum contaminant levels which, in the judgment of the EPA, are necessary to protect the public welfare. Such regulations may vary according to geographic and other circumstances and may apply to any contaminant in drinking water:(A) which may adversely affect the odor or appearance of such water and consequently may cause a substantial number of the persons served by the public water system providing such water to discontinue its use; or(B) which may otherwise adversely affect the public welfare.(64) Small water system--A system that serves ten thousand persons or fewer.(65) State--The State of Texas.(66) Subsidy--A reduction in the interest rate from the market interest rate.(67) Utility Commission--The Public Utility Commission of Texas.(68) Water conservation plan--A plan that complies with the requirements of Texas Water Code §16.4021. Source Note: The provisions of this §371.1 adopted to be effective August 4, 2010, 35 TexReg 6680; amended to be effective October 26, 2010, 35 TexReg 9510; amended to be effective July 30, 2012, 37 TexReg 5602; amended to be effective September 11, 2014, 39 TexReg 7169; amended to be effective July 4, 2016, 41 TexReg 4844; amended to be effective June 10, 2020, 45 TexReg 3863; amended to be effective March 1, 2023, 48 TexReg 1139. 10 TEXAS WATER DEVELOPMENT BOARD 371 DRINKING WATER STATE REVOLVING FUND A GENERAL PROGRAM REQUIREMENTS §371.1 Definitions of Terms https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194464&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 194464 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194464&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 194464 03/11/2026 (a) Eligible projects. Projects that address or prevent violations of health-based drinking water standards. These include projects needed to maintain compliance with existing national primary drinking water regulations for contaminants with acute and chronic health effects. Projects to replace aging infrastructure are eligible for assistance if they are needed to maintain compliance or further the public health protection objectives of the Act. The specific projects and activities eligible for assistance for a particular funding year will be established annually in the IUP based on the eligible project categories and eligible project-related costs in (b) and (c) of this section, as authorized by the Act.(b) Eligible Project Categories.(1) Treatment. Examples of projects include, but are not limited to, installation or upgrade of facilities to improve the quality of drinking water to comply with primary or secondary standards and point of entry or central treatment under 42 U.S.C. §300f(4)(B)(i)(III).(2) Transmission and distribution. Examples of projects include, but are not limited to, installation or replacement of transmission and distribution pipes to improve water pressure to safe levels or to prevent contamination caused by leaks or breaks in the pipes.(3) Source. Examples of projects include, but are not limited to, rehabilitation of wells or development of eligible sources to replace contaminated sources.(4) Storage. Examples of projects include, but are not limited to, installation or upgrade of eligible storage facilities, including finished water reservoirs, to prevent microbiological contaminants from entering a public water system.(5) Consolidation. Eligible projects are those needed to consolidate water supplies where, for example, a supply has become contaminated or a system is unable to maintain compliance for technical, financial, or managerial reasons.(6) Creation of new systems. Eligible projects are those that, upon completion, will create a community water system to address existing public health problems with serious risks caused by unsafe drinking water provided by individual wells or surface water sources. Eligible projects are also those that create a new regional community water system by consolidating existing systems that have technical, financial, or managerial difficulties. Projects to address existing public health problems associated with individual wells or surface water sources must be limited in scope to the specific geographic area affected by contamination. Projects that create new regional community water systems by consolidating existing systems must be limited in scope to the service area of the systems being consolidated. A project must be a cost-effective solution to addressing the problem. The applicant must have given sufficient public notice to potentially affected parties and must have considered alternative solutions to addressing the problem. Capacity to serve future population growth cannot be a substantial portion of a project.(7) Green Projects. Projects that qualify as green projects, in accordance with EPA definitions, based upon information provided within the submitted project information form, the application, and if necessary, the business case.(c) Eligible project-related costs. In addition to costs needed for the project itself, the following project-related costs are eligible for assistance:(1) Pre-project costs for planning and design.(2) Costs for the acquisition of land only if needed for the purposes of locating eligible project components. The land must be acquired from a willing seller.(3) Costs for restructuring systems that are in significant noncompliance with any national primary drinking water regulation or variance or that lack the technical, financial, and managerial capability to ensure compliance with the requirements of the Act, unless the systems are ineligible under paragraph (d)(2) or (d)(3) of this section.(d) Ineligible applicants. Assistance from the Fund may not be provided to:(1) Federally-owned public water systems or for-profit noncommunity water systems.(2) Systems that lack the technical, financial, and managerial capability to ensure compliance with the requirements of the Act, unless the assistance will ensure compliance and the owners or operators of the systems agree to undertake feasible and appropriate changes in operations to ensure compliance over the long term.(3) Systems that are in significant noncompliance with any national primary drinking water regulation or variance, unless:(A) The purpose of the assistance is to address the cause of the significant noncompliance and will ensure that the systems return to compliance; or(B) The purpose of the assistance is unrelated to the cause of the significant noncompliance and the systems are on enforcement schedules (for maximum contaminant level and treatment technique violations) or have compliance plans (for monitoring and reporting violations) to return to compliance.(e) Ineligible projects. The following projects are ineligible for assistance:(1) Dams or rehabilitation of dams.(2) Water rights, except if the water rights are owned by a system that is being purchased through consolidation as part of a capacity development strategy.(3) Reservoirs or rehabilitation of reservoirs, except for finished water reservoirs and those reservoirs that are part of the treatment process and are on the property where the treatment facility is located.(4) Projects needed primarily for fire protection.(5) Projects needed primarily to serve future population growth. Projects must be sized only to accommodate a reasonable amount of population growth expected to occur over the useful life of the facility.(6) Projects that have received assistance from the national set-aside for Indian Tribes and Alaska Native Villages under 42 U.S.C. §300j-12(i).(f) Ineligible project-related costs. The following project-related costs are ineligible for assistance from the Fund:(1) Laboratory fees for routine compliance monitoring.(2) Operation and maintenance expenses. Source Note: The provisions of this §371.2 adopted to be effective August 4, 2010, 35 TexReg 6680; amended to be effective July 4, 2016, 41 TexReg 4844; amended to be effective March 18, 2019, 44 TexReg 1443. 10 TEXAS WATER DEVELOPMENT BOARD 371 DRINKING WATER STATE REVOLVING FUND A GENERAL PROGRAM REQUIREMENTS §371.2 Projects and Activities Eligible for Assistance https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178774&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178774 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178774&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178774 03/11/2026 (a) DWSRF financial assistance is available to eligible Applicants for:(1) implementation of local, voluntary source water protection measures to protect source water of the system from contamination and to ensure compliance with national primary drinking water regulations applicable to the community water system;(2) assistance in the development of voluntary local incentive-based partnerships to reduce the presence of contaminants, to provide financial, managerial, or technical assistance, and to develop recommendations for voluntary, long-term source water protection strategies;(3) a capacity development strategy to assist public water systems in developing and maintaining adequate technical, financial, and management capacity; and(4) establishment and implementation of wellhead protection programs.(b) Limitation. For each fiscal year, the total amount of financial assistance provided for activities under this section may not exceed 15 percent of the amount of the capitalization grant received for that year and may not exceed 10 percent of the amount of the capitalization grant for that year for any one of the following activities:(1) acquisition of land or conservation easements;(2) implementation of voluntary, incentive-based source water quality protection measures;(3) creation of a capacity development strategy;(4) delineation or assessment of source water protection areas; and(5) establishment and implementation of wellhead protection programs.(c) Acquisition of land or of conservation easements from a willing seller or grantor is eligible for financial assistance for source water protection only if the purpose of the acquisition is to protect the source water of a public water system from contamination to maintain or achieve compliance with national primary drinking water regulations. Source Note: The provisions of this §371.3 adopted to be effective July 4, 2016, 41 TexReg 4844. 10 TEXAS WATER DEVELOPMENT BOARD 371 DRINKING WATER STATE REVOLVING FUND A GENERAL PROGRAM REQUIREMENTS §371.3 Other Authorized Activities: Source Water Protection and Technical Assistance https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199669&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199669 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199669&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199669 03/11/2026 (a) Davis-Bacon Act Prevailing Wage Provision. The Applicant must comply with the requirements of section 1452(a)(5) of the Act (42 U.S.C. §300j-12(a)(5) in all procurement contracts and sub-grants, and require that loan recipients, procurement contractors, and sub-grantees include such a term and condition in subcontracts and other lower tiered transactions. The Davis-Bacon prevailing wage requirements, as provided in 40 U.S.C. §§3141 - 3148 and the Department of Labor's implementing regulations, apply to any construction project funded by the DWSRF.(b) National Environmental Policy Act-like environmental review. The National Environmental Policy Act provisions apply to projects receiving DWSRF assistance. The requirements are specified in Subchapter E of this title.(c) Signage. Equivalency projects must comply with the EPA signage requirements implemented to enhance public awareness of DWSRF projects.(d) American Iron and Steel requirements. As delineated in the applicable IUP, assistance recipients may be required to use only iron and steel products that are produced in the United States for projects for the construction, alteration, maintenance, or repair of a public water system.(e) Other Federal Requirements. Other federal statutory, regulatory, executive order, and/or guidance and policy authority may apply. Federal requirements are further detailed in the IUP under which a project was funded. Source Note: The provisions of this §371.4 adopted to be effective July 4, 2016, 41 TexReg 4844; amended to be effective June 10, 2020, 45 TexReg 3863. 10 TEXAS WATER DEVELOPMENT BOARD 371 DRINKING WATER STATE REVOLVING FUND A GENERAL PROGRAM REQUIREMENTS §371.4 Federal Requirements https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178776&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178776 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178776&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178776 03/11/2026 The executive administrator shall determine the type of financial assistance available to the Applicant based on the evaluation of the project information forms, the application, and the availability of funds in accordance with the types of assistance authorized in the Act. Source Note: The provisions of this §371.10 adopted to be effective August 4, 2010, 35 TexReg 6680; amended to be effective July 4, 2016, 41 TexReg 4844. 10 TEXAS WATER DEVELOPMENT BOARD 371 DRINKING WATER STATE REVOLVING FUND B FINANCIAL ASSISTANCE §371.10 Type of Financial Assistance https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178777&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178777 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178777&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178777 03/11/2026 Applicants may request financial assistance for the planning, acquisition, and design for a proposed project without a readiness to proceed determination. Source Note: The provisions of this §371.11 adopted to be effective August 4, 2010, 35 TexReg 6680; amended to be effective July 4, 2016, 41 TexReg 4844. 10 TEXAS WATER DEVELOPMENT BOARD 371 DRINKING WATER STATE REVOLVING FUND B FINANCIAL ASSISTANCE §371.11 Financing of Planning, Acquisition, and Design Phases https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178778&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178778 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178778&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178778 03/11/2026 This type of financial assistance is available for the construction phase of an eligible project that is ready to proceed. Source Note: The provisions of this §371.12 adopted to be effective August 4, 2010, 35 TexReg 6680; amended to be effective July 4, 2016, 41 TexReg 4844. 10 TEXAS WATER DEVELOPMENT BOARD 371 DRINKING WATER STATE REVOLVING FUND B FINANCIAL ASSISTANCE §371.12 Construction Phase Funding https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178779&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178779 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178779&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178779 03/11/2026 This type of financial assistance is available for the planning, design, acquisition, and construction phase of a project. This option allows the commitment of construction funding where planning and design are not yet completed. This option is available only when the executive administrator recommends it to the Board based on a finding that the project is ready to proceed. Source Note: The provisions of this §371.13 adopted to be effective August 4, 2010, 35 TexReg 6680; amended to be effective July 30, 2012, 37 TexReg 5602; amended to be effective September 11, 2014, 39 TexReg 7169; amended to be effective July 4, 2016, 41 TexReg 4844. 10 TEXAS WATER DEVELOPMENT BOARD 371 DRINKING WATER STATE REVOLVING FUND B FINANCIAL ASSISTANCE §371.13 Pre-Design Funding Option https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199675&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199675 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199675&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199675 03/11/2026 (a) Definitions. The following words and terms have the following meanings when used in this section, unless the context clearly indicates otherwise.(1) Average life--The number determined by dividing the sum of all payment periods by the total principal amount.(2) Borrower--Each eligible Applicant that has received a commitment from the Board.(3) Interest rate--The individual interest rate for each maturity in an amortized debt schedule as identified by the executive administrator under this chapter.(4) Market rate--The individual interest rate for each maturity in an amortized debt schedule payment that is the borrower's market cost of funds based on the MMD scale for the borrower as identified under subsection (c)(1) of this section.(5) MMD--Thomson Reuters Municipal Market Data Range of Yield Curve Scales.(6) Payment period--The number determined by multiplying the total principal amount due for an individual maturity as set forth in the debt instrument by the standard period for the debt instrument.(7) Standard period--The number identified by determining the number of days between the date of delivery of the funds to a borrower and the date of the maturity of a bond or loan payment pursuant to which the funds were provided calculated on the basis of a 360-day year composed of twelve 30-day periods and dividing that number by 360.(8) Term--For bonds, the length of time between when the bond is issued and the final maturity in the debt instrument; for loans, the period of time any principal is outstanding.(b) Procedure for setting fixed interest rates.(1) The executive administrator will set fixed interest rates as described in the IUP and further determined in this section, on a date that is:(A) no earlier than five business days prior to the adoption of the political subdivision's bond ordinance or resolution or the borrower's execution of a loan agreement, but may be based on interest rate levels determined as of an earlier date; and(B) not more than 45 days before the anticipated closing of a commitment from the Board.(2) After 45 days from the assignment of the interest rate, rates may be extended only with the executive administrator's approval.(c) Fixed rates. The fixed interest rates for financial assistance under this chapter will be determined as provided in this subsection. The executive administrator will identify the market rate for the borrower, determine the amount of adjustment from the market interest rate scale appropriate for the borrower pursuant to paragraph (2) of this subsection, apply the identified interest rate adjustment to the market rate for each year of the borrower's scale to determine the interest rate, and apply the interest rate to the proposed principal schedule, as more fully set forth in this subsection.(1) Identifying the market rate for eligible borrowers.(A) for borrowers that have a rating by a recognized bond rating entity and will not have bond insurance, the executive administrator will rely on the higher of the appropriate MMD scale for the current bond rating of the borrower or the appropriate MMD BAA scale; or(B) for borrowers with no rating by a recognized bond rating entity or for borrowers with a rating that is less than investment grade as determined by the executive administrator, the executive administrator will rely on the appropriate MMD BAA scale.(2) The fixed rate scale shall be established for each borrower using individual coupon rates for each maturity of the proposed debt based on the appropriate scale.(3) The program is designed to provide borrowers with an interest rate reduction from the fixed rate scale applicable to the borrower based on a level debt service schedule, or if applicable, the reduction is set at the total basis points below the fixed rate scale for borrowers as derived under paragraph (3) of this subsection. Notwithstanding the foregoing, in no event shall the interest rate as determined under this section be less than zero.(4) For loans and bond commitments with an average life in excess of 16 years for a term of up to 20 annual maturities or years or an average life in excess of 20 years for a term of up to 30 annual maturities or years (or a pro-rata calculation for terms between 20 and 30 annual maturities or years), and at the discretion of the Board for loans and bond commitments that have debt schedules that produce a total fixed lending rate reduction in excess of a standard loan or bond commitment structure (defined as a debt service schedule in which the first year of the maturity schedule is interest-only followed by principal maturing on the basis of level debt service), the following procedures will be used to determine the total fixed lending rate reduction:(A) The interest rate component of level debt service will be determined by using the 15th year (19th year for 30-year terms) coupon rate of the appropriate scale of the MMD scales that corresponds to the 15th year (19th year for 30-year terms) of principal of the standard loan or bond commitment structure and that is measured 30 days from the date that application is proposed to be presented to the Board for approval.(B) Level debt service will be calculated using the 15th year (19th year for 30-year terms) MMD Scale coupon rate as described in subparagraph (A) of this paragraph and the par amount of the loan or bond commitment according to a standard loan or bond commitment structure. For a loan or bond commitment that has been proposed for a term of years equal to a standard loan or bond commitment structure, the dates specified in the application shall be used for interest and principal calculation. For a loan or bond commitment that has been proposed for a term of years less than a standard loan or bond commitment structure or longer than a standard loan or bond commitment structure, level debt service will be calculated beginning with the dated date, will be based upon the principal and interest dates specified in the application, and will continue for the term of a standard loan or bond commitment structure.(C) A calculation will be made to determine how much a borrower's interest would be reduced if the loan or bond commitment had been made according to the total fixed lending rate reduction provided in paragraph (3) of this subsection and based upon the principal payments calculated in subparagraph (B) of this paragraph.(D) The Board will establish a total fixed lending rate reduction for the loan or bond commitment that will achieve the interest savings in subparagraph (C) of this paragraph based upon the principal schedule proposed by the borrower.(5) To determine the interest rate, the following procedures will apply:(A) Unless otherwise requested by the borrower under subparagraph (B) of this paragraph, the interest rate will be determined based on a debt service schedule that provides interest only to be paid in the first year of the debt service schedule and in which the remaining annual debt service payments are level, as determined by the executive administrator. The executive administrator will identify the appropriate MMD scale for the borrower and identify the market rate for the maturity due each year. The executive administrator will reduce that market rate of each year by the number of basis points applicable according to paragraph (2) of this subsection and thereby identify a proposed interest rate scale. The proposed interest rate scale will be applied to the proposed principal repayment schedule. If the resulting debt service schedule is level to the satisfaction of the executive administrator, then the proposed interest rate will be the interest rate for the commitment. If the resulting debt service schedule is not level to the satisfaction of the executive administrator, then the executive administrator may adjust the interest rate for any or all of the maturities to identify the interest rate that as closely as possible achieves the interest savings applicable according to paragraph (2) of this subsection while maintaining the principal schedule proposed by the borrower.(B) A borrower may request a debt service schedule in which the annual debt service payments are not level through the term of the amortized debt schedule, as determined by the executive administrator. From the level debt service schedule, the executive administrator will determine the amount of the subsidy applicable to the debt service schedule provided. The executive administrator will then identify the interest rate that as closely as possible provides the borrower the identified subsidy amount for the principal schedule requested by the borrower.(d) Variable rates. The interest rate for DWSRF variable rate debt under this chapter will be set at a rate equal to the actual interest cost paid by the Board on its outstanding variable rate debt plus the cost of maintaining the variable rate debt in the DWSRF. Variable rate debt is required to be converted to long-term fixed rate financing within 90 days of project completion unless an extension is approved in writing by the executive administrator. Within the time limits set forward in this subdivision, borrowers may request to convert to a long-term fixed rate at any time, upon notification to the executive administrator and submittal of a resolution requesting such conversion. The fixed lending rate will be calculated under the procedures and requirements of subsections (b) and (c) of this section.(e) NPNC borrowers. NPNC borrowers that issue tax-exempt obligations and that operate community/non-community water systems will receive interest rates pursuant to subsections (b) - (d) of this section.(f) Adjustments. The executive administrator may adjust a borrower's interest rate at any time prior to closing as a result of a change in the borrower's credit rating. Source Note: The provisions of this §371.14 adopted to be effective August 4, 2010, 35 TexReg 6680; amended to be effective January 9, 2012, 36 TexReg 9336; amended to be effective July 30, 2012, 37 TexReg 5602; amended to be effective July 4, 2016, 41 TexReg 4844; amended to be effective March 18, 2019, 44 TexReg 1443; amended to be effective June 10, 2020, 45 TexReg 3863. 10 TEXAS WATER DEVELOPMENT BOARD 371 DRINKING WATER STATE REVOLVING FUND B FINANCIAL ASSISTANCE §371.14 Lending Rates https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199676&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199676 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199676&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199676 03/11/2026 (a) General. The Applicant will be assessed charges for recovering administrative costs of all projects receiving DWSRF financial assistance. However, no fees or costs will be assessed on the portion of the project that receives principal forgiveness as detailed in the IUP.(b) Origination fee. An administrative fee not to exceed 2 percent of the project costs will be assessed as a one-time non-refundable charge. Project costs on which the fee will be assessed do not include the origination fee or those project costs that are funded through principal forgiveness. The fee is due and payable at the time of closing and may be financed as a part of the financial assistance. Source Note: The provisions of this §371.15 adopted to be effective August 4, 2010, 35 TexReg 6680; amended to be effective July 30, 2012, 37 TexReg 5602; amended to be effective July 4, 2016, 41 TexReg 4844; amended to be effective June 10, 2020, 45 TexReg 3863. 10 TEXAS WATER DEVELOPMENT BOARD 371 DRINKING WATER STATE REVOLVING FUND B FINANCIAL ASSISTANCE §371.15 Fees of Financial Assistance https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199677&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199677 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199677&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199677 03/11/2026 The Board may offer financial assistance in accordance with the Act and the IUP under which the project received funding. Source Note: The provisions of this §371.16 adopted to be effective August 4, 2010, 35 TexReg 6680; amended to be effective July 30, 2012, 37 TexReg 5602; amended to be effective September 11, 2014, 39 TexReg 7169; amended to be effective July 4, 2016, 41 TexReg 4844; amended to be effective June 10, 2020, 45 TexReg 3863. 10 TEXAS WATER DEVELOPMENT BOARD 371 DRINKING WATER STATE REVOLVING FUND B FINANCIAL ASSISTANCE §371.16 Term of Financial Assistance https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199678&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199678 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199678&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199678 03/11/2026 (a) The Board may provide principal forgiveness for financial assistance for:(1) an entity that meets the affordability criteria established in this chapter and in the IUP for a Disadvantaged Community; or(2) an entity that meets the criteria established in the IUP for other subsidies allowed under the federal appropriations law or the capitalization grant.(b) Total amount of principal forgiveness. The total amount of principal forgiveness may not exceed the percentages established by federal law, appropriations acts, or by the terms of the capitalization grant. Source Note: The provisions of this §371.17 adopted to be effective August 4, 2010, 35 TexReg 6680; amended to be effective July 4, 2016, 41 TexReg 4844; amended to be effective June 10, 2020, 45 TexReg 3863. 10 TEXAS WATER DEVELOPMENT BOARD 371 DRINKING WATER STATE REVOLVING FUND B FINANCIAL ASSISTANCE §371.17 Principal Forgiveness https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178784&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178784 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178784&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178784 03/11/2026 (a) Financial guarantees. The Board will consider accepting surety bonds in lieu of required cash reserve deposits and insurance policies for political subdivision bonds. At the time of commitment and at closing, only those financial guarantors that have been approved by the Board are authorized to underwrite financial guarantee policies on political subdivision bonds approved by the Board.(b) Criteria for authorized list. The Board will maintain a list of authorized financial guarantors. In order to be considered for placement on the list, a guarantor must meet the following minimum criteria:(1) the financial guarantor must be a nationally-recognized provider of municipal bond insurance and must have a triple-A stable insurer financial strength rating with Standard & Poor's, Moody's Investors Service, Inc. and Fitch, Inc.; and(2) the financial guarantor must have a triple-A insurer financial enhancement rating with Standard & Poor's.(c) Review of policies. The executive administrator shall review all policies of insurance submitted by authorized financial guarantors and may reject any policy of insurance or surety bond that does not protect the interests of the Board's financial program or that subrogates the Board's rights.(d) Removal from authorized list. The executive administrator may remove a financial guarantor from the authorized list at any time that a change in status would cause the financial guarantor to fail to meet the minimum criteria. Source Note: The provisions of this §371.18 adopted to be effective August 4, 2010, 35 TexReg 6680; amended to be effective July 30, 2012, 37 TexReg 5602; amended to be effective July 4, 2016, 41 TexReg 4844. 10 TEXAS WATER DEVELOPMENT BOARD 371 DRINKING WATER STATE REVOLVING FUND B FINANCIAL ASSISTANCE §371.18 Financial Guarantees for Political Subdivision Bonds https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178785&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178785 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178785&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178785 03/11/2026 (a) Eligible Applicants may submit a project information form for rating and ranking on the applicable IUP. To be included in the IUP and on the initial Project Priority List, Applicants must submit a complete and accurate project information form by the date included in the notice. As further detailed in the applicable IUP, applicants may also submit a project information form after the date included on the notice for a project to be considered for inclusion on an amended Project Priority List published after the initial IUP has been approved. The required information will be specified in Board guidance and will include, but will not be limited, to the following:(1) a detailed description of the proposed project;(2) a county map(s) showing the location of the service area;(3) an estimated total project cost which:(A) for an estimated financial assistance amount greater than $100,000, the project information form shall be sealed by a registered professional engineer; or(B) for an estimated financial assistance amount less than $100,000, the project information form shall be accompanied by a statement signed by the system operator establishing the basis for the estimate;(4) an estimated project schedule;(5) the population currently served by the Applicant;(6) the status of the Applicant's water conservation plan;(7) signature of the Applicant's authorized representative; and(8) additional information, as detailed within the solicitation for project information forms, needed to establish the priority rating score.(b) The Applicant's failure to submit all of the information requested may result in a failure to include the project in the IUP. Source Note: The provisions of this §371.20 adopted to be effective August 4, 2010, 35 TexReg 6680; amended to be effective July 4, 2016, 41 TexReg 4844. 10 TEXAS WATER DEVELOPMENT BOARD 371 DRINKING WATER STATE REVOLVING FUND C INTENDED USE PLAN §371.20 Submission of Project Information Forms https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178786&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178786 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178786&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178786 03/11/2026 (a) Projects in an IUP will be rated based upon the information, and any accompanying supporting documentation, submitted by the Applicant on the project information form.(b) Projects will be rated based on the following factors:(1) Health and compliance. Factors regarding public health concerns/issues or violations of maximum contaminant levels pursuant to 40 CFR Part 141.(2) Effective management. Whether an entity has adopted or plans to prepare an Asset Management Plan and provide training to the Applicant's governing body and employees, whether the project addresses water conservation and energy efficiency, and whether the project implements a state or regional water plan.(3) Eligibility as Disadvantaged Community. Projects located in disadvantaged communities, as defined in Subchapter A of this Chapter.(4) Additional factors as designated within the applicable IUP and determined by the executive administrator.(c) Source Water Protection projects are rated and ranked according to the criteria and procedures within the applicable IUP.(d) Previously funded projects. Planning, acquisition, or design projects, completed within three years from the closing of the financial assistance will receive a priority for construction phase funding if there are no significant changes that affect the original project rating and the project is ready to proceed.(e) If any changes are proposed to the nature of the improvements of a proposed project, or in the number of participants in a consolidation project which would result in a change to the combined rating factor as determined in the IUP, the projects must be re-ranked. In this case, the project's ranking will be determined based on the revised combined rating factor.(f) Urgent Need. The Board may offer urgent need financial assistance to address situations that require immediate attention to protect public health and safety as prescribed in the IUP. The executive administrator may bypass projects to provide funding to urgent need projects. Source Note: The provisions of this §371.21 adopted to be effective August 4, 2010, 35 TexReg 6680; amended to be effective January 9, 2012, 36 TexReg 9336; amended to be effective July 30, 2012, 37 TexReg 5602; amended to be effective July 4, 2016, 41 TexReg 4844. 10 TEXAS WATER DEVELOPMENT BOARD 371 DRINKING WATER STATE REVOLVING FUND C INTENDED USE PLAN §371.21 Rating Process https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178787&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178787 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178787&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178787 03/11/2026 (a) In accordance with the Act, the executive administrator shall hold public hearings and allow a period for public review and comment before the Board considers the adoption and approval of the IUP and the Project Priority List.(b) For any substantive amendments thereto, the executive administrator shall hold a public hearing and allow a period of public review and comment in accordance with the Act. The executive administrator may make amendments to the Project Priority List after a 14-day public comment period without any public hearing. Source Note: The provisions of this §371.22 adopted to be effective August 4, 2010, 35 TexReg 6680; amended to be effective July 30, 2012, 37 TexReg 5602; amended to be effective July 4, 2016, 41 TexReg 4844. 10 TEXAS WATER DEVELOPMENT BOARD 371 DRINKING WATER STATE REVOLVING FUND C INTENDED USE PLAN §371.22 Public Notice https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178788&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178788 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178788&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178788 03/11/2026 (a) Amount of available funds. Annually, the executive administrator will determine the amount of funds available for water system improvements and other projects for the fiscal year.(b) Principal forgiveness limits. The total amount of principal forgiveness in any fiscal year may not exceed the percentages established by federal law or by the capitalization grant.(c) Project Priority List. Available program funds will be applied to the list of projects designated to receive funding. The methods used for ranking include:(1) Project costs. Project costs will be determined by cost estimates contained in the project information form if the executive administrator deems those costs reasonable and acceptable; the costs will also be reflected in the applicable IUP.(2) Tie-breakers. If two or more projects receive the same rating, then the executive administrator will use the tie-breaker procedures listed in the applicable IUP.(3) Bypass procedure. The executive administrator may bypass higher rated and ranked projects if:(A) an incomplete application is submitted as described in §371.31 of this title (relating to Timeliness of Application and Required Application Information); or(B) a bypass is necessary to fund certain types of projects as detailed in the applicable IUP or as required by capitalization grant conditions.(d) Small water systems. Projects with identical combined rating scores, including rating scores of zero, will be listed in order of population. Projects serving smaller populations will be listed above those projects serving larger populations.(1) To the extent eligible Applicants are available, a minimum of 15 percent of the funds will be made available to small water systems.(2) If small community projects listed in priority order on the Invited Projects List are less than 15 percent, then the executive administrator may bypass projects for systems serving larger populations to ensure inclusion of small water systems projects for at least 15 percent of available funds.(e) Projects submitted for financing will be screened for eligibility, scored, ranked, and listed on a Project Priority List. Applicants with projects on the Initial Invited Projects List will be invited to submit applications in accordance with the procedures and deadlines as detailed in the applicable IUP. The project selection is subject to subsections (a) - (d) of this section. The Project Priority List will be reviewed periodically and additional invitations will be extended until all of the annual DWSRF funding amount is committed.(f) Utilization of remaining funds. If there are insufficient applications for financial assistance to obligate available funds for the funding year, then the executive administrator shall utilize the remaining funds during the next funding year or at any time in combination with other Board financial assistance programs.(g) Fund shortages. When the amount of funds required to fund all complete applications for financial assistance exceeds the amount of funds available in the funding year, a shortage of funds exists. In such an instance, the Board will fund Applicants until all funds have been utilized. The Board shall fund projects prioritized by the date and time of receipt of a complete application and the project's ability to proceed to commitment. Source Note: The provisions of this §371.23 adopted to be effective August 4, 2010, 35 TexReg 6680; amended to be effective July 30, 2012, 37 TexReg 5602; amended to be effective July 4, 2016, 41 TexReg 4844. 10 TEXAS WATER DEVELOPMENT BOARD 371 DRINKING WATER STATE REVOLVING FUND C INTENDED USE PLAN §371.23 Criteria and Methods for Distribution of Funds https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178789&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178789 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178789&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178789 03/11/2026 Subsequent to adoption of an IUP, the Applicant for a proposed project listed within the Project Priority List may be allowed certain changes without requiring a re-ranking in the following circumstances:(1) the Applicant for a proposed project changes but the project does not change;(2) the number of participants in a consolidation project changes and the change does not result in a change to the combined rating factor; and(3) the fundable amount of a proposed project does not increase by more than 10 percent of the amount listed in the approved IUP. The executive administrator may waive the 10 percent limit to incorporate additional elements or increased project costs; however, any principal forgiveness awarded may not exceed the original IUP amounts allocation. Source Note: The provisions of this §371.24 adopted to be effective July 30, 2012, 37 TexReg 5602; amended to be effective September 11, 2014, 39 TexReg 7169; amended to be effective July 4, 2016, 41 TexReg 4844. 10 TEXAS WATER DEVELOPMENT BOARD 371 DRINKING WATER STATE REVOLVING FUND C INTENDED USE PLAN §371.24 Changes to Project https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178790&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178790 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178790&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178790 03/11/2026 The Applicant must schedule an appointment and participate in a pre-application conference to be held in person or by teleconference to discuss the eligibility of the project and of the Applicant for financial assistance; the general, engineering, environmental, fiscal, and legal requirements of an application; and to assist the Applicant in completing an application. The following individuals should participate in the conference: a member of the governing body of the Applicant; the consulting engineer; and the financial advisor. Source Note: The provisions of this §371.30 adopted to be effective August 4, 2010, 35 TexReg 6680; amended to be effective July 30, 2012, 37 TexReg 5602; amended to be effective July 4, 2016, 41 TexReg 4844. 10 TEXAS WATER DEVELOPMENT BOARD 371 DRINKING WATER STATE REVOLVING FUND D APPLICATION FOR ASSISTANCE §371.30 Pre-Application Conferences https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203459&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 203459 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203459&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 203459 03/11/2026 (a) Time to submit applications. Applications and required additional data or information, must be submitted by the deadlines established by the executive administrator. Failure to timely submit the application, the information necessary to complete the application or additional requested information will result in the bypass of the project.(b) Required application information. For eligible public Applicants, an application shall be in the form and number of copies prescribed by the executive administrator and, in addition to any other information that may be required by the executive administrator or the Board, the Applicant shall provide the following documentation:(1) a resolution from its governing body that shall:(A) request financial assistance, identifying the amount of requested assistance;(B) designate the authorized representative to act on behalf of the governing body; and(C) authorize the representative to execute the application, appear before the Board on behalf of the Applicant, and submit such other documentation as may be required by the executive administrator;(2) a notarized affidavit from the authorized representative stating that:(A) the decision to request financial assistance from the Board was made in a public meeting held in accordance with the Open Meetings Act (Texas Government Code, Chapter 551) and after providing all such notice as is required by the Open Meetings Act or, for a corporation, that the decision to request financial assistance from the Board was made in a meeting open to all customers after providing all customers written notice at least 72 hours prior to such meeting;(B) the information submitted in the application is true and correct according to best knowledge and belief of the representative;(C) the Applicant has no outstanding judgments, orders, fines, penalties, taxes, assessment, or other enforcement or compliance issues of any kind or nature by EPA, the Commission, Texas Comptroller of Public Accounts, the Utility Commission, Texas Office of the Secretary of State, or any other federal, state, or local government, that would materially affect the Applicant's ability to repay its debt, or identifying such judgments, orders, fines, penalties, taxes, assessment, or other enforcement or compliance issue as may be outstanding for the Applicant;(D) the Applicant warrants compliance with the representations made in the application in the event that the Board provides the financial assistance;(E) the Applicant is, or will become, in compliance with all of its material contracts; and(F) the Applicant is, and will remain during the term of any financial assistance received from the board, in compliance with all applicable federal laws, rules, and regulations as well as the laws of this State and the rules and regulations of the Board;(3) copies of the following project documents:(A) any draft or executed contracts for consulting services to be used by the Applicant in applying for financial assistance or constructing the proposed project, including but not limited to, financial advisor, engineer, and bond counsel; and(B) contracts for engineering services should include the scope of services, level of effort, costs, project schedules, and other information necessary for adequate review by the executive administrator. A project schedule shall be provided with the contract; the schedule must provide firm timelines for the completion of each phase of a project and note the milestones within the phase of the project;(4) a citation to the specific legal authority in the Texas Constitution and statutes under which the Applicant is authorized to provide the service for which the Applicant is receiving financial assistance as well as the legal documentation identifying and establishing the legal existence of the Applicant;(5) if the Applicant provides or will provide wastewater service to another service provider, or receives such service from another service provider, the proposed agreement, contract, or other documentation which legally establishes such service relationship, with the final and binding agreements provided prior to closing;(6) documentation of the ownership interest, with supporting legal documentation, for the property on which the proposed project shall be located, or if the property is to be acquired, certification that the Applicant has the necessary legal power and authority to acquire the property;(7) if financing of the project will require a contractual loan agreement or the sale of bonds to the Board payable either wholly or in part from revenues of contracts with others, a copy of any actual or proposed contracts, for a duration specified by the executive administrator, under which the Applicant's gross income is expected to accrue. Before the financial assistance is closed, an Applicant shall submit executed copies of such contracts to the executive administrator;(8) if the bonds to be sold to the Board are revenue bonds secured by a subordinate lien, a copy of the authorizing instrument of the governing body for all prior and outstanding bonds shall be furnished;(9) if a bond election is required by law to authorize the issuance of bonds to finance the project, the executive administrator may require Applicant to provide the election date and election results necessary for the issuance of the bonds as part of the application or prior to closing;(10) an audit of the Applicant for the preceding year prepared in accordance with generally accepted auditing standards by a certified public accountant or licensed public accountant, unless an alternative method of establishing a reliable accounting of the financial records of the Applicant is approved by the executive administrator; and(11) a listing of all the funds used for the project, including funds already expended from sources other than financial assistance offered from the Board, such as from participating local government entities or prior-issued debt.(12) Preliminary Engineering Feasibility Report signed and sealed by a professional engineer registered in the State of Texas. The report, based on guidelines provided by the executive administrator, must provide:(A) a description and purpose of the project;(B) the entities to be served and current and future population;(C) the cost of the project;(D) a description of alternatives considered and reasons for the selection of the project proposed;(E) sufficient information to evaluate the engineering feasibility of the project;(F) maps and drawings as necessary to locate and describe the project area; and(G) any other information the executive administrator determines is necessary to evaluate the project.(c) For eligible private Applicants and eligible NPNC Applicants that are not also eligible public Applicants, an application shall be in the form and number of copies prescribed by the executive administrator, and, in addition to any other information that may be required by the executive administrator or the Board, such Applicant shall provide:(1) the legal documentation identifying and establishing the legal existence of the Applicant, including articles of incorporation with certificate of account status or partnership agreements;(2) the documentation identifying and establishing full legal and equitable ownership interests of the real and personal property that constitute the water system held by the Applicant;(3) the Applicant shall provide:(A) identification of any affiliated interests or affiliates; and(B) if the Applicant provides or will provide water supply or treatment service to another service provider, or receives such service from another service provider, the proposed agreement, contract, or other documentation which legally establishes such service relationship, with the final and binding agreements provided prior to closing; and(i) identifying an individual whom may act as the representative on behalf of the sole proprietor or each legal entity which has been identified as maintaining an ownership interest in the Applicant;(ii) authorizing such representative to submit an application and such other documentation as may be required by the executive administrator;(4) identification of the authority to provide the service for which the assistance is requested which shall include:(A) a map of the area served acceptable to the executive administrator;(B) if the Applicant provides or will provide water supply or treatment service to another service provider, or receives such service from another service provider, the proposed agreement, contract, or other documentation which legally establishes such service relationship, with the final and binding agreements provided prior to closing; and(C) for utilities, as defined pursuant to Utility Commission rules, the Certificate of Convenience and Necessity number and a service area map;(5) a notarized affidavit by the designated representative of the Applicant:(A) requesting financial assistance and identifying the amount of requested assistance;(B) stating that the information submitted in the application is true and correct according to belief and knowledge of the representative;(C) stating that the Applicant or any of its affiliates or affiliated interests has no outstanding judgments, orders, fines, penalties, taxes, assessment, or other enforcement or compliance issue of any kind or nature by EPA, the Commission, Texas Comptroller of Public Accounts, Utility Commission, Texas Office of the Secretary of State, or any other federal, state, or local government, that would materially affect the Applicant's ability to repay its debt, or identifying such judgments, orders, fines, penalties, taxes, assessment, or other enforcement or compliance issue as may be outstanding against the Applicant or any of its affiliates or affiliated interests;(D) stating that each entity with an ownership interest warrants compliance with representations made in the application in the event that the Board provides the financial assistance;(E) for eligible private Applicants, stating that the decision to request financial assistance from the Board was made in accordance with any applicable bylaws or charter of the Applicant; and(F) assuring compliance with all applicable federal laws, rules, and regulations as well as the laws of this State and the rules and regulations of the Board;(6) copies of the following project documents:(A) any draft or executed contracts for consulting services to be used by the Applicant in applying for financial assistance or constructing the proposed project, to include, but not limited to, financial advisor, engineer, and bond counsel; and(B) contracts for engineering services should include the scope of services, level of effort, costs, project schedules, and other information necessary for adequate review by the executive administrator. A project schedule shall be provided with the contract; the schedule must provide firm timelines for the completion of each phase of a project and note the milestones within the phase of the project;(7) a business plan that:(A) identifies by month for the next 18 months, or for the time period of project construction, whichever is longer, anticipated revenues, including any anticipated rate increases, and anticipated expenditures; and(B) provides five year historical data on system revenue and expenditures;(8) copies of the federal income tax returns for the Applicant for the two previous tax years;(9) documentation of any bankruptcy proceedings for the Applicant or any affiliated interests or affiliates for the preceding five years or a sworn statement that the Applicant or any affiliated interests or affiliates has not been a party to a bankruptcy proceeding for the preceding five years;(10) if any part of the community water system has been pledged or otherwise used as security for any other indebtedness of the Applicant or an affiliate or affiliated interest, a copy of the outstanding indebtedness;(11) if financing of the project will require a contractual loan agreement or the sale of bonds to the Board payable either wholly or in part from revenues of contracts with others, a copy of any actual or proposed contracts, for a duration specified by the executive administrator, under which Applicant's gross income is expected to accrue. Before the financial assistance is closed, an Applicant shall submit executed copies of such contracts to the executive administrator;(12) if the Applicant is required to utilize a surcharge or otherwise intends to rely on an increase in the rate that it is charging in order to repay the requested financial assistance, a copy of the acknowledgment from the Utility Commission that the proposed rate change filing has been received;(13) an audit of the Applicant for the preceding year prepared in accordance with generally accepted auditing standards by a certified public accountant or licensed public accountant, unless an alternative method of establishing a reliable accounting of the financial records of the Applicant is approved by the executive administrator; and(14) if additional funds are necessary to complete the project, or if the Applicant has applied for and/or received a commitment from any other source for the project or any aspect of the project, a listing of those sources, including total project costs, financing terms, and current status of the funding requests. Source Note: The provisions of this §371.31 adopted to be effective August 4, 2010, 35 TexReg 6680; amended to be effective April 28, 2011, 36 TexReg 2610; amended to be effective July 30, 2012, 37 TexReg 5602; amended to be effective July 4, 2016, 41 TexReg 4844; amended to be effective June 10, 2020, 45 TexReg 3863; amended to be effective February 3, 2021, 46 TexReg 835. 10 TEXAS WATER DEVELOPMENT BOARD 371 DRINKING WATER STATE REVOLVING FUND D APPLICATION FOR ASSISTANCE §371.31 Timeliness of Application and Required Application Information https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178792&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178792 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178792&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178792 03/11/2026 (a) Review of applications. The executive administrator will review the application to ensure that sufficient information has been provided to support the eligibility of the Applicant and the project. The executive administrator may request that the information or data for any portion of the application be modified or supplemented.(b) Submittal of requested information. If the Applicant fails to submit information or data requested within the established time period, then the executive administrator may notify the Applicant that the application is incomplete and will be bypassed.(c) If an applicant does not proceed through the application process and obtain a commitment within the application timeframes established within the applicable IUP, the principal forgiveness may be re-allocated to another eligible project. An extension of time for obtaining a commitment may be granted at the discretion of the executive administrator. Source Note: The provisions of this §371.32 adopted to be effective August 4, 2010, 35 TexReg 6680; amended to be effective April 28, 2011, 36 TexReg 2610; amended to be effective July 4, 2016, 41 TexReg 4844. 10 TEXAS WATER DEVELOPMENT BOARD 371 DRINKING WATER STATE REVOLVING FUND D APPLICATION FOR ASSISTANCE §371.32 Review of Applications for Financial Assistance https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178793&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178793 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178793&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178793 03/11/2026 (a) An application to refinance existing debt for eligible projects may be accepted by the executive administrator when sufficient funds are available to provide refinancing. If refinancing funds are available in an IUP, then the eligible Applicant shall describe the need for the eligible project and provide other specific information detailed in the project information form or otherwise requested by the executive administrator.(b) An application for refinancing of existing debt shall be the same as an application for financial assistance under this chapter. The executive administrator may consider an application for refinancing when:(1) the project meets all of the requirements under this chapter, including information evidencing that the environmental review, programmatic requirements, and engineering criteria meets the criteria required under law and this chapter for the same or similar projects; and(2) the federal tax regulations allow such refinancing. Source Note: The provisions of this §371.33 adopted to be effective August 4, 2010, 35 TexReg 6680; amended to be effective July 30, 2012, 37 TexReg 5602; amended to be effective July 4, 2016, 41 TexReg 4844. 10 TEXAS WATER DEVELOPMENT BOARD 371 DRINKING WATER STATE REVOLVING FUND D APPLICATION FOR ASSISTANCE §371.33 Refinancing https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199680&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199680 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199680&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199680 03/11/2026 (a) Water Conservation Plan. An Applicant shall submit a water conservation plan prepared in accordance with Texas Water Code §16.4021.(b) Water Loss Audit. An Applicant that is a retail public utility that provides potable water shall submit its most recent water loss audit in accordance with §358.6 of this title (relating to Water Loss Audits), unless it has previously been submitted(c) If an applicant that is a retail public utility providing potable water has a water loss that meets or exceeds the threshold for that utility in accordance with §358.6 of this title, the retail public utility must use a portion of any financial assistance received from the DWSRF, or any additional financial assistance provided by the Board, to mitigate the utility's water loss. However, at the request of a retail public utility, the Board may waive this requirement in accordance with §358.6 of this title. Source Note: The provisions of this §371.34 adopted to be effective August 4, 2010, 35 TexReg 6680; amended to be effective February 15, 2012, 37 TexReg 709; amended to be effective July 4, 2016, 41 TexReg 4844; amended to be effective June 10, 2020, 45 TexReg 3863. 10 TEXAS WATER DEVELOPMENT BOARD 371 DRINKING WATER STATE REVOLVING FUND D APPLICATION FOR ASSISTANCE §371.34 Required Water Conservation Plan and Water Loss Audit https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178795&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178795 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178795&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178795 03/11/2026 (a) Presentation to Board. The Board must consider each application at a public meeting. The executive administrator will notify the Applicant when the Board's consideration of the application is scheduled for a public meeting.(b) Action by Board. After considering the executive administrator's recommendation and comments from the Applicant and other interested persons, the Board may:(1) resolve to approve an application only when it finds that the revenue or taxes or both revenue and taxes pledged by the Applicant will be sufficient to meet all obligations that will be assumed by the Applicant;(2) resolve to disapprove or amend the proposed conditions for the financial assistance;(3) request additional information related to the eligibility of the Applicant or the project or withdraw the application for consideration at another time; and(4) approve an application for pre-design funding despite a negative recommendation from the executive administrator.(c) Board's resolution. The Board's approval of an application and award of a commitment is recorded through the issuance of a resolution.(d) Expiration of Board commitment. The Board's commitment for financial assistance expires on the date noted in the commitment as delineated in the IUP applicable to the project.(e) Extension of expiration date. Upon good cause shown or upon a showing that an event of force majeure, as defined in this Chapter, caused the Applicant's failure to timely close the commitment, then an extension of the expiration date may be granted at the discretion of the Board.(1) The Applicant must submit a written request, at least 45 days prior to the expiration date, except in the event of force majeure, as defined in this Chapter, that contains an explanation of the need for the extension and a request for a specific date for closing.(2) The Board may, but is not required to, approve a request for an extension of time and may allow a longer extension as appropriate to the circumstances in the event of force majeure. Source Note: The provisions of this §371.35 adopted to be effective August 4, 2010, 35 TexReg 6680; amended to be effective July 30, 2012, 37 TexReg 5602; amended to be effective July 4, 2016, 41 TexReg 4844. 10 TEXAS WATER DEVELOPMENT BOARD 371 DRINKING WATER STATE REVOLVING FUND D APPLICATION FOR ASSISTANCE §371.35 Board Approval of Funding https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199681&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199681 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199681&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199681 03/11/2026 (a) Commitment periods may be set for a period of up to five years. The minimum interest rate reduction for multi-year commitments will be established for the five-year period based on the interest rate reduction prescribed in the IUP for the first year's commitment.(b) This option is only available for projects as described in the IUP.(c) Any entity receiving a multi-year commitment must annually re-confirm its anticipated funding commitments established with the initial commitment. Source Note: The provisions of this §371.36 adopted to be effective July 4, 2016, 41 TexReg 4844; amended to be effective June 10, 2020, 45 TexReg 3863. 10 TEXAS WATER DEVELOPMENT BOARD 371 DRINKING WATER STATE REVOLVING FUND D APPLICATION FOR ASSISTANCE §371.36 Multi-year Commitments https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178798&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178798 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178798&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178798 03/11/2026 Unless specifically defined differently within this subchapter, the following terms and acronyms, used in this subchapter, mean:(1) Affected community--A community potentially impacted by the proposed project.(2) Categorical Exclusion (CE)--An environmental finding issued by the Board for projects that would not individually or cumulatively have a significant adverse effect on the human environment and for which, therefore, the Applicant is not required to prepare an Environmental Information Document or an Environmental Impact Statement.(3) Emergency Relief Project--An infrastructure construction project that provides relief to an entity experiencing an emergency condition or incident that causes an imminent peril to public health, safety, environment, or welfare, including natural disasters, such as:(A) the failure or destruction of public water supply pipelines, transmission, or distribution systems;(B) the threat of or actual contamination of a public water supply;(C) sustained or permanent service disruption of a source water or water treatment system;(D) the reduction of public water supplies to critical levels by drought or other natural cause(s); or(E) any other emergency condition as described in an IUP.(4) Environmental Assessment--A public document prepared by the executive administrator for projects that may result in adverse environmental impacts and the significance of those impacts is not known. The Environmental Assessment, based primarily on the Environmental Information Document, must provide sufficient evidence and analysis to determine whether to prepare a Finding of No Significant Impact or an Environmental Impact Statement.(5) Environmental Impact Statement (EIS)--A detailed written statement prepared by a third-party contractor, in close coordination with the executive administrator, that analyzes environmental impacts of project alternatives for projects with significant adverse impacts on the quality of the human environment. An EIS is required for projects that do not qualify for a Finding of No Significant Impact. An EIS provides the most comprehensive and detailed information about potential environmental impacts and mitigation required to comply with the NEPA. It is the basis for the Record of Decision issued by the Board.(6) Environmental Information Document (EID)--A written analysis prepared by the Applicant that provides sufficient information, including appropriate regulatory agency correspondence and public participation documentation, for the executive administrator to undertake an environmental review and determine if the project qualifies for a Finding of No Significant Impact or if an Environmental Impact Statement will be required. An EID is not always necessary to determine if the project will require preparation of an EIS.(7) Federal Environmental Cross-cutters--Federal environmental statutes, laws and Executive Orders that apply to projects and activities with a federal nexus, including the receipt of federal financial assistance.(8) Finding of No Significant Impact (FONSI)--An environmental finding issued by the Board when the environmental assessment prepared for the project supports the determination that the project will not have a significant adverse effect on the human environment and therefore, does not require the preparation of an environmental impact statement.(9) Human environment--The natural and physical environment and the relationship of people with that environment.(10) Indian tribes--Federally recognized Indian tribes.(11) Mitigation--(A) avoiding the impact altogether by not taking a certain action or parts of an action;(B) minimizing impacts by limiting the degree or magnitude of the action and its implementation;(C) rectifying the impact by repairing, rehabilitating, or restoring the affected environment;(D) reducing or eliminating the impact over time by preservation and maintenance operations during the life of the project; and(E) compensating for the impact by replacing or providing substitute resources or environments.(12) NEPA--The Federal National Environmental Policy Act, 42 U.S.C. §§4321 et seq.(13) Record of Decision (ROD)--An environmental finding issued by the Board that identifies the selected project alternative, presents the basis for the decision, identifies all the alternatives considered, specifies the environmentally preferable alternative, and provides information on the adopted means to mitigate for environmental impacts. The ROD is based on the conclusions of the EIS.(14) Statement of Finding (SOF)--An environmental finding issued by the Board to correct, clarify, modify, or adopt a previous environmental finding, issued by the Board or other agency. Source Note: The provisions of this §371.40 adopted to be effective August 4, 2010, 35 TexReg 6680; amended to be effective January 9, 2012, 36 TexReg 9336; amended to be effective July 30, 2012, 37 TexReg 5602; amended to be effective July 4, 2016, 41 TexReg 4844. 10 TEXAS WATER DEVELOPMENT BOARD 371 DRINKING WATER STATE REVOLVING FUND E ENVIRONMENTAL REVIEWS AND DETERMINATIONS §371.40 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199674&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199674 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199674&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199674 03/11/2026 (a) Policy and purpose. This subchapter governs the environmental review of projects funded in whole or in part by the DWSRF. Environmental review of all proposed infrastructure projects is a condition of the use of DWSRF financial assistance and is subject to annual audits by the EPA. This subchapter follows the procedures established by the EPA for implementing the National Environmental Policy Act set forth at 40 CFR Part 6. The environmental review process described in this subchapter applies to the maximum extent legally and practicably feasible. However, the environmental review process may be modified due to an emergency condition as described in §371.40(3) of this title (relating to Definitions). The environmental review is subject to public comment. The Applicant, at all times throughout the design, construction, and operation of the project, shall comply with the findings resulting from the environmental review.(b) Timing. The environmental review process is a component of the planning phase and must be completed prior to the executive administrator's approval of the Applicant's engineering feasibility report.(c) Types of environmental findings. At the culmination of the environmental review process described in this subchapter, the Board will issue one of the following findings:(1) a Categorical Exclusion:(A) based on review of information submitted by the Applicant; and(B) the eligibility criteria described in §371.42 of this subchapter.(2) a Finding of No Significant Impact:(A) based on review of the Applicant's Environmental Information Document; and(B) the executive administrator's Environmental Assessment;(3) a Record of Decision based on review of the Environmental Impact Statement prepared by the Applicant's third party contractor; or(4) a Statement of Findings:(A) based on review of a previous environmental finding for the proposed project;(B) based on review of proposed project modifications for consistency with a previous environmental finding; and/or(C) to correct, clarify, or modify an environmental finding.(d) General review by the executive administrator.(1) The executive administrator shall ensure that an inter-disciplinary, inter-agency, and public review is conducted consistent with the NEPA. The purpose of this review is to ensure that the proposed project will comply with the applicable local, state, and federal laws and regulations relating to the identification of potential environmental impacts of a proposed project and the necessary steps required to mitigate such impacts. The scope of the environmental review will depend upon the type of proposed action, the reasonable alternatives, and the type of environmental impacts.(2) For all environmental findings that are five years old or older, and for which the proposed infrastructure project has not yet been implemented, the executive administrator must re-evaluate the proposed financial assistance application as well as the environmental conditions and public comment to determine whether to conduct a supplemental environmental review in compliance with the NEPA, or to reaffirm the original finding. If there has been substantial change in the proposed infrastructure project that is relevant to environmental concerns, or if there are significant new circumstances, changes in federal environmental cross-cutter requirements that affect the environmental finding, or information relevant to environmental concerns, the executive administrator must conduct a supplemental environmental review and complete an appropriate finding in compliance with the NEPA. The executive administrator may consider environmental findings issued by other entities.(e) Equivalency projects. The Board will inform EPA when consultation or coordination by EPA with other federal agencies is necessary to resolve issues regarding compliance with applicable federal laws. Source Note: The provisions of this §371.41 adopted to be effective August 4, 2010, 35 TexReg 6680; amended to be effective January 9, 2012, 36 TexReg 9336; amended to be effective July 30, 2012, 37 TexReg 5602; amended to be effective July 4, 2016, 41 TexReg 4844; amended to be effective June 10, 2020, 45 TexReg 3863. 10 TEXAS WATER DEVELOPMENT BOARD 371 DRINKING WATER STATE REVOLVING FUND E ENVIRONMENTAL REVIEWS AND DETERMINATIONS §371.41 Environmental Review Process https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178800&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178800 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178800&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178800 03/11/2026 (a) A proposed project can be categorically excluded from a full environmental review if the proposed project:(1) fits within the category of action that is eligible for exclusion, as listed in subsection (b) of this section;(2) will not result in significant impacts on the quality of the human environment; and(3) does not involve extraordinary circumstances, as listed in subsection (d)(1) - (9) of this section.(b) Projects that may be eligible for a categorical exclusion (CE) include the following actions on existing systems:(1) those that involve upgrades that are minor;(2) minor expansion of system capacity;(3) the rehabilitation, including functional replacement of the existing system and system components; and(4) the construction of new minor ancillary facilities located adjacent to or on the same property as existing facilities.(c) Projects not eligible for a CE include:(1) projects that would otherwise be eligible for a CE but due to extraordinary circumstances, as listed in subsection (d)(1) - (9) of this section, are not eligible for a CE;(2) projects that involve new or relocated discharges to surface or ground water;(3) projects that will likely result in the substantial increase in the volume or the loading of a pollutant to the receiving water;(4) projects that will provide capacity to serve a population 30 percent greater than the existing population;(5) projects that are not supported by the state, or other regional growth plan or strategy; and(6) projects that directly or indirectly involve or relate to upgrading or extending infrastructure systems primarily for the purposes of future development.(d) Extraordinary circumstances may become known at any time during the planning, design, or construction of a project and may cause the project to be ineligible for a CE. Extraordinary circumstances include, but are not limited to, the following known or expected impacts:(1) potentially significant environmental impacts on the quality of the human environment either individually or cumulatively over time;(2) disproportionally high and adverse human health or environmental effects on any community, including minority communities, low-income communities, or federally-recognized Indian tribal communities;(3) a significant effect on federal or state-listed threatened or endangered species or their critical habitat;(4) a significant effect on national or state natural landmarks or property with nationally significant or state historic, architectural, prehistoric, archeological, or cultural value;(5) a significant effect on environmentally important natural resource areas such as wetlands, floodplains, significant agricultural lands, aquifer recharge zones, coastal zones, barrier islands, wild and scenic rivers, and significant fish or wildlife habitat;(6) a significant adverse air quality effect;(7) a significant effect on the pattern and type of land use or growth and distribution of population including altering the character of existing residential areas, or may not be consistent with state or local government, or federally-recognized Indian tribe approved land use plans or federal land management plans;(8) significant public controversy about a potential environmental impact of the proposed project; and(9) conflict with federal, state, or local government, or federally-recognized Indian tribe environmental, resource protection, or land-use laws or regulations.(e) Upon the discovery of extraordinary circumstances, the executive administrator may deny a CE or rescind an existing CE.(f) The executive administrator shall review the information submitted by the Applicant and may request additional information as needed to complete the finding regarding the eligibility of a proposed project for a categorical exclusion.(g) The Board's finding relating to a CE shall be subject to public notice, which shall be published either in a newspaper of general circulation in the county or counties of the affected community or on the agency's website and referenced in a public notice in a newspaper of general circulation in the county or counties of the affected community. Source Note: The provisions of this §371.42 adopted to be effective August 4, 2010, 35 TexReg 6680; amended to be effective January 9, 2012, 36 TexReg 9336; amended to be effective July 7, 2015, 40 TexReg 4361; amended to be effective July 4, 2016, 41 TexReg 4844. 10 TEXAS WATER DEVELOPMENT BOARD 371 DRINKING WATER STATE REVOLVING FUND E ENVIRONMENTAL REVIEWS AND DETERMINATIONS §371.42 Board's Environmental Finding: Categorical Exclusions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178801&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178801 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178801&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178801 03/11/2026 (a) Projects that qualify to be categorically excluded from a full environmental review fit into a category of actions, identified by the EPA, that do not individually or cumulatively have a significant effect on the human environment and do not involve extraordinary circumstances. This determination is based upon the criteria established in §371.42 of this subchapter (relating to Board's Environmental Finding: Categorical Exclusions).(b) An Applicant shall submit sufficient information to demonstrate why the project is eligible for a CE including, but not limited to, the following documentation:(1) a brief but complete description of the project;(2) plan maps or maps of the project depicting the location of all construction areas, the planning area boundaries, and any known environmentally important natural areas;(3) information regarding the eligibility of the project for a CE under the criteria listed in §371.42 of this subchapter;(4) any information that may be helpful to determine whether any extraordinary circumstances, as listed in §371.42 of this subchapter, apply to the project; and(5) any information that may be helpful to determine if mitigation measures are required to ensure the project will not individually or cumulatively have a significant adverse impact on the human environment. This includes, but is not limited to, coordination with applicable regulatory agencies regarding resources within their jurisdiction that may be adversely impacted by the project. Source Note: The provisions of this §371.43 adopted to be effective July 4, 2016, 41 TexReg 4844. 10 TEXAS WATER DEVELOPMENT BOARD 371 DRINKING WATER STATE REVOLVING FUND E ENVIRONMENTAL REVIEWS AND DETERMINATIONS §371.43 Applicant Requirements: Categorical Exclusions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178802&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178802 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178802&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178802 03/11/2026 (a) Purpose and applicability. A Finding of No Significant Impact (FONSI) may be issued if the proposed action will not have a significant effect on the human environment. A FONSI shall be based upon the information submitted by the Applicant and upon the environmental assessment (EA) prepared by the executive administrator.(b) Environmental Assessment. An Environmental Assessment is required when the proposed project is expected to result in environmental impacts and the significance of those impacts is not known. When the executive administrator preliminarily determines that the impacts will not be significant and may be addressed by ordinary mitigation measures, then an Environmental Assessment will be prepared. An Environmental Assessment is not required if the proposed action is categorically excluded or if an Environmental Impact Statement is required.(c) Contents of an Environmental Assessment.(1) An Environmental Assessment shall include a brief discussion of the following:(A) the purpose and need for the proposed project and an estimate of cost of the project;(B) the alternatives considered, including the no action alternative, and the reasons for the rejection or acceptance of the alternatives;(C) the affected environment, including baseline conditions that may be impacted by the proposed actions and the alternatives;(D) the environmental impacts of the proposed project and the alternatives, including any unresolved conflicts concerning alternative use of available resources; and(E) applicable environmental laws and executive orders.(2) The form of the Environmental Assessment generally shall include:(A) a listing or summary of coordination and consultation undertaken with any federal, state, local, or Indian tribe government regarding compliance with applicable environmental laws and executive orders;(B) identification and description of the mitigation measures considered, including mitigation measures that must be adopted to ensure the proposed project will not have significant impacts; and(C) incorporation of documents by reference, including the Environmental Information Document submitted by the Applicant.(d) Contents of a FONSI. When the Environmental Assessment supports a finding that the proposed project will not have a significant effect on the human environment, then the Board may issue a FONSI. The FONSI must include the following components:(1) an Environmental Assessment;(2) a brief description of the reasons why there are no significant impacts;(3) any commitments to mitigation measures that are essential to render the impacts of the proposed project insignificant;(4) the date of issuance and signature of the executive administrator; and(5) the executive administrator's statement that the Applicant has committed to the mitigation measures and that the Applicant has the ability and the authority to fulfill the commitment to mitigation;(e) Public comments and the issuance of a FONSI.(1) The executive administrator shall make the Environmental Assessment and preliminary FONSI available on the Board's website for review and public comment for a period of at least thirty (30) days.(2) If no substantive comments are received, the executive administrator may proceed with the proposed project subject to the mitigation measures identified in the FONSI. If substantive comments are received, then the executive administrator shall respond to the comments and revise the FONSI accordingly, if necessary.(3) The executive administrator shall ensure that the mitigation measures necessary to the FONSI determination are enforceable and shall conduct appropriate monitoring of these measures. All contracts, plans, specifications, and other applicable documents used during the design and construction of the project shall contain reference to or descriptions of the mitigation measures included in the FONSI, as required by this subchapter.(f) Dissemination of information about mitigation measures. The executive administrator may provide written notification describing the outcome of the mitigation measure proposed in an environmental finding to interested agencies and public groups. Source Note: The provisions of this §371.44 adopted to be effective July 4, 2016, 41 TexReg 4844. 10 TEXAS WATER DEVELOPMENT BOARD 371 DRINKING WATER STATE REVOLVING FUND E ENVIRONMENTAL REVIEWS AND DETERMINATIONS §371.44 Board's Environmental Finding: Finding of No Significant Impact https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178803&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178803 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178803&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178803 03/11/2026 (a) An Applicant shall prepare an Environmental Information Document (EID) in consultation with the executive administrator for projects that have potential adverse environmental impacts and the significance of those impacts is not known. The executive administrator will provide guidance on the format and contents of the EID prior to the initiation of planning for the proposed project or as soon as practicable upon receipt of an application. An EID is not required when:(1) the project is eligible for a CE or requires the preparation of an EIS;(2) the Applicant submits a previous environmental finding that meets DWSRF program requirements, including compliance with the NEPA; or(3) the Applicant prepares and submits a draft EIS and supporting documents that meet DWSRF program requirements, including compliance with the NEPA.(b) Coordination. The Applicant shall prepare the EID in coordination with the appropriate federal agencies, state, and local governments, Indian tribes, and other potentially affected parties. The Applicant must also notify the executive administrator regarding any private entities or organizations affected by the proposed project.(c) Contents of EID. The EID shall include, but is not limited to:(1) a description of the project;(2) the need for the proposed project;(3) the alternatives to the project, including the no action alternative;(4) the affected environment, including baseline conditions that may be impacted by the proposed project and the alternatives;(5) the environmental impacts of the proposed action and alternatives, including unresolved conflicts concerning alternative uses of available resources;(6) potential impacts on resources protected by the federal environmental cross-cutters;(7) documentation showing that requisite regulatory agencies have been consulted;(8) proposed mitigation measures supporting the issuance of a FONSI;(9) documentation showing that the requisite public participation requirements have been satisfied; and(10) any other information required by the executive administrator. Source Note: The provisions of this §371.45 adopted to be effective July 4, 2016, 41 TexReg 4844. 10 TEXAS WATER DEVELOPMENT BOARD 371 DRINKING WATER STATE REVOLVING FUND E ENVIRONMENTAL REVIEWS AND DETERMINATIONS §371.45 Applicant Requirements: Environmental Information Document https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178804&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178804 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178804&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178804 03/11/2026 (a) Purpose and applicability. An EIS examines impacts from the proposed project that are significantly affecting the human environment, requires close coordination with the Board and other agencies, and is the primary basis for the Board's issuance of a Record of Decision.(b) Required EIS. An EIS shall be prepared for:(1) new regional water supply systems for a community with a population greater than 100,000;(2) actions likely to have a significant adverse effect on:(A) local ambient air quality;(B) local ambient noise levels;(C) surface water reservoirs or navigation projects;(D) the environment due to the releases of radioactive, hazardous, or toxic substances or biota;(E) federal or state natural landmarks or any property eligible for the national or state register of historic places; or(F) environmentally important natural resources such as wetland, floodplains, significant agricultural lands, aquifer recharge zones, coastal zones, barrier islands, wild and scenic rivers, and significant fish or wildlife habitat;(3) actions inconsistent with federal, state, local, or Indian tribe environmental, resources protection, or land use laws or approved land use plans or regulations;(4) actions likely to significantly affect the pattern and type of land use or growth and distribution of population, including altering the character of residential areas;(5) actions that in conjunction with federal, state, local, or Indian tribe projects are likely to produce significant cumulative impacts; and(6) actions with uncertain environmental effects or highly unique environmental risks that are likely to be significant. Source Note: The provisions of this §371.46 adopted to be effective July 4, 2016, 41 TexReg 4844. 10 TEXAS WATER DEVELOPMENT BOARD 371 DRINKING WATER STATE REVOLVING FUND E ENVIRONMENTAL REVIEWS AND DETERMINATIONS §371.46 Environmental Impact Statements https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178805&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178805 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178805&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178805 03/11/2026 (a) Notice of Intent (NOI) to prepare an EIS. When the executive administrator recommends the issuance of an EIS, a NOI will be published in the Texas Register in order to provide the public with the opportunity to participate in a scoping meeting.(b) Contents of NOI. The NOI shall contain information about a scoping meeting which shall be held no sooner than fifteen days after the publication of the notice of intent. The public comment period for the proposed scope of the EIS shall be at least forty-five days. Source Note: The provisions of this §371.47 adopted to be effective July 4, 2016, 41 TexReg 4844. 10 TEXAS WATER DEVELOPMENT BOARD 371 DRINKING WATER STATE REVOLVING FUND E ENVIRONMENTAL REVIEWS AND DETERMINATIONS §371.47 Decision to Prepare an Environmental Impact Statement: Notice of Intent https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178806&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178806 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178806&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178806 03/11/2026 (a) General. A Record of Decision (ROD) results from an extensive environmental review of a proposed project's potential environmental impacts as detailed in an EIS.(b) Contents of ROD. A ROD must include the following components:(1) a brief description of the proposed project and the alternatives considered in the EIS as well as the environmental factors considered and the project's impacts;(2) commitments to implement mitigation measures;(3) an explanation if the environmentally preferred alternative was not selected;(4) responses to substantive comments on the final EIS;(5) the executive administrator's statement that the Applicant has committed to the mitigation measures and that the Applicant has the ability and the authority to fulfill the commitment to the measures; and(6) the date of issuance and the signature of the executive administrator.(c) Issuance of the ROD. The issuance of a ROD allows the Applicant to proceed with the proposed action subject to mitigation measures described in the ROD. The ROD shall be made available to the public.(d) Monitoring of mitigation measures. The executive administrator shall ensure that adequate monitoring of the mitigation measures occurs throughout the construction of the project. Additionally all contracts, plans, specifications, and other applicable documents used during the planning, design, and construction of the project shall contain reference to or descriptions of the mitigation measures.(e) Dissemination of information about mitigation measures. The executive administrator may provide written notification describing the outcome of the mitigation measures proposed in an environmental finding to interested agencies and public groups. Source Note: The provisions of this §371.48 adopted to be effective July 4, 2016, 41 TexReg 4844. 10 TEXAS WATER DEVELOPMENT BOARD 371 DRINKING WATER STATE REVOLVING FUND E ENVIRONMENTAL REVIEWS AND DETERMINATIONS §371.48 Board's Environmental Finding: Record of Decision https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178807&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178807 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178807&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178807 03/11/2026 (a) Third party contractor. The Applicant shall contract with a third-party contractor at its own expense to prepare an EIS and any associated documents required for consideration by the executive administrator.(b) Executive administrator approval. The executive administrator must approve of and participate in the Applicant's selection of the third-party contractor. The third party contractor shall be selected on the basis of its qualifications to prepare the EIS, including experience with data collection and analyses as well as with the clear presentation of information and data. The third-party contractor shall be responsible for providing technical advice to the Applicant and for receiving and incorporating technical advice from the executive administrator.(c) The third-party contractor shall not have any financial or other interest in the proposed project and must submit a disclosure statement to the executive administrator documenting the fact that it has no financial or other interest in the project.(d) Contract with third party. The Applicant and the executive administrator must agree to the creation and terms of a contract with the third party jointly selected by them to prepare the EIS. The contract terms must ensure that the third party does not have recourse to the Board or the EPA for financial or other claims arising under the contract.(e) The third-party contractor shall cooperate with the executive administrator and shall provide draft documents, analyses, and conclusions that adequately assess the relevant environmental issues for review, comment, and direction from the executive administrator. The executive administrator shall have sole responsibility to ensure that the EIS and any associated documents adequately address the relevant environmental issues. Source Note: The provisions of this §371.49 adopted to be effective July 4, 2016, 41 TexReg 4844. 10 TEXAS WATER DEVELOPMENT BOARD 371 DRINKING WATER STATE REVOLVING FUND E ENVIRONMENTAL REVIEWS AND DETERMINATIONS §371.49 Applicant Requirements: Environmental Impact Statement https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178808&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178808 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178808&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178808 03/11/2026 (a) Proposed project changes during review. The Applicant must notify the executive administrator if during the environmental review process, the Applicant:(1) changes its plans for the project as originally submitted; or(2) changes its schedule for the project from the originally submitted schedule.(b) Alterations of proposed project. Any alteration to a project after the issuance of an environmental finding requires the Applicant to notify the executive administrator in writing in a timely manner. The Applicant shall briefly describe the reasons for the alterations in the proposed project.(c) The executive administrator shall examine the contract documents, application, and other related documents to evaluate the proposed alterations to ensure consistency with the environmental finding. The executive administrator's review of proposed project alterations may result in:(1) a notation to the file that the proposed alterations are minor in nature as described in subsection (d) of this section;(2) the issuance of a SOF to confirm that project alterations are within the scope of the original environmental finding and do not require preparation of a new EID;(3) the issuance of a FONSI when a CE has been revoked, or the issuance of a public notice that the preparation of an EIS will be required;(4) the issuance of an amendment to a FONSI, or the revocation of a FONSI and the issuance of a public notice that the preparation of an EIS will be required; or(5) the issuance of a supplement to a ROD, or the revocation of the ROD and issuance a public notice that financial assistance for the proposed project will not be provided.(d) Minor changes to the proposed or reviewed project that do not create previously unconsidered adverse environmental impacts usually will not affect the ability of the proposed project alterations to proceed without additional formal environmental review.(e) Major changes to the proposed or reviewed project that are previously unexamined and that have the potential to create adverse environmental impacts may result in a decision to revoke a CE or a FONSI and to proceed with a more detailed level of environmental review consistent with this subchapter. Source Note: The provisions of this §371.50 adopted to be effective July 4, 2016, 41 TexReg 4844. 10 TEXAS WATER DEVELOPMENT BOARD 371 DRINKING WATER STATE REVOLVING FUND E ENVIRONMENTAL REVIEWS AND DETERMINATIONS §371.50 Proposed Project Alterations https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178809&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178809 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178809&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178809 03/11/2026 (a) Adoption of a previous environmental finding. Previous environmental findings issued by the EPA and other agencies may be adopted in accordance with this section, provided that the finding was produced through procedures in compliance with the NEPA. The executive administrator must re-evaluate the proposed financial assistance application as well as environmental conditions and public comment to determine whether to conduct a supplemental environmental review of the action and complete an appropriate document in compliance with the NEPA, or to reaffirm the original finding.(b) Previously required mitigation measures. Any and all mitigation measures specified in the previous finding for the applicable project components shall be applied as conditions of the commitment and closing for financial assistance documents and shall be consistent with the requirements of this subchapter.(c) Method of adoption of a previous environmental finding. The previous finding will be adopted through the issuance of a Statement of Findings when the proposed project and its previous finding will be adopted without substantial modifications. The previous finding may also be adopted in a FONSI.(d) Validity of previous environmental findings and re-evaluation. An environmental finding shall be re-evaluated if it was issued five years or more prior to the executive administrator's environmental review and if:(1) the proposed project has not yet been implemented;(2) there has been substantial change in the proposed infrastructure project that is relevant to environmental concerns; and(3) there are significant new circumstances or information relevant to environmental impacts of the proposed action.(e) Dissemination of information about mitigation measures. The executive administrator may provide written notification describing the outcome of the mitigation measures proposed in an environmental finding to interested agencies and public groups. Source Note: The provisions of this §371.51 adopted to be effective July 4, 2016, 41 TexReg 4844. 10 TEXAS WATER DEVELOPMENT BOARD 371 DRINKING WATER STATE REVOLVING FUND E ENVIRONMENTAL REVIEWS AND DETERMINATIONS §371.51 Use of Previously Prepared Environmental Findings https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178810&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178810 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178810&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178810 03/11/2026 (a) If an Applicant requests funding for an emergency relief project, the executive administrator shall review all information relevant to the emergency, proposed project, status of environmental review of the proposed project, known issues with the natural or cultural environment of the project area, and availability of funding.(b) If an emergency condition described in §371.40(3) of this title (relating to Definitions) is present, the Board may authorize funding for the emergency relief project, subject to availability of funds, without full preparation or public review of NEPA review documentation (including a CE finding, EA, or EIS) if the executive administrator determines that:(1) delaying commencement of project construction during the period it would take to prepare, review, and circulate NEPA documentation, would increase the imminent peril to public health, safety, environment, or welfare; and(2) consultations required by the Endangered Species Act and National Historic Preservation Act have been completed.(c) Special conditions appropriate to minimize any potential for adverse impact due to abbreviated or expedited review may be required. Source Note: The provisions of this §371.52 adopted to be effective July 4, 2016, 41 TexReg 4844. 10 TEXAS WATER DEVELOPMENT BOARD 371 DRINKING WATER STATE REVOLVING FUND E ENVIRONMENTAL REVIEWS AND DETERMINATIONS §371.52 Emergency Relief Project Procedures https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199682&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199682 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199682&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199682 03/11/2026 This subchapter applies to financial assistance for non-equivalency and equivalency projects. Source Note: The provisions of this §371.60 adopted to be effective June 10, 2020, 45 TexReg 3863. 10 TEXAS WATER DEVELOPMENT BOARD 371 DRINKING WATER STATE REVOLVING FUND F ENGINEERING REVIEW AND APPROVAL §371.60 Applicability https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199685&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199685 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199685&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199685 03/11/2026 (a) The Applicant shall submit an engineering feasibility report signed and sealed by a professional engineer registered in the State. The report, based on guidelines provided by the executive administrator, must provide:(1) a description and purpose of the project;(2) the names of the entities to be served, along with the current and future population;(3) the cost of the project;(4) a description of the alternatives considered and reasons for selection of the project proposed;(5) sufficient information to evaluate the engineering feasibility;(6) maps and drawings as necessary to locate and describe the project area;(7) sufficient detail to document how the project will remedy the drinking water issues and problems that were evaluated for rating on the IUP;(8) information showing that the project is cost effective; and for projects that implement new systems or significantly alter current systems, a detailed cost-effective analysis, including detailed operation and maintenance costs, may be requested to document program eligibility;(9) a detailed project schedule with timelines for each phase of the project and the milestones within each phase of the project; and(10) any other information or data necessary to evaluate the proposed project. The Applicant must submit any additional information requested by the executive administrator to document the project's eligibility for funding by the program.(b) Approval of engineering feasibility report. The executive administrator will approve the engineering feasibility report when:(1) the items listed in subsection (a) of this section have been completed, including requests for additional information or data;(2) the appropriate environmental findings have been completed in accordance with this chapter and the Applicant has agreed to incorporate into project documents, including contracts, all mitigation measures as a result of the environmental review; and(3) the project and alternatives to the project have been analyzed and the proposed project is cost effective.(c) Request for project amendment. After the approval of the engineering feasibility report, a request to amend a project will be granted only if implementation of the amendment does not affect the original purpose of the project. The implementation of a project amendment must remedy the problems and issues identified in the Applicant's original project information form. Significant amendments to a project require previous approval by the executive administrator. The Applicant must:(1) provide a description of and the need for an amendment;(2) submit additional engineering or environmental information as requested by the executive administrator;(3) provide an estimate of any increase or decrease in total project costs resulting from the proposed amendment; and(4) certify that the proposed amendment will not significantly alter the purpose of the project.(d) Alternative methods of project delivery. Design build, construction manager at-risk, and other alternative methods of project delivery are eligible for available financial assistance, including combinations of planning, design and construction funding, in accordance with programmatic requirements. The executive administrator will provide written guidance regarding modifications of the type of financial assistance, and the review, approval, and release of funds processes for alternative delivery projects. The Board may specify special conditions in the commitment as appropriate to accommodate an alternative method of project delivery. Source Note: The provisions of this §371.61 adopted to be effective June 10, 2020, 45 TexReg 3863. 10 TEXAS WATER DEVELOPMENT BOARD 371 DRINKING WATER STATE REVOLVING FUND F ENGINEERING REVIEW AND APPROVAL §371.61 Engineering Feasibility Report https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199683&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199683 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199683&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199683 03/11/2026 (a) Contract documents include the documents that form the construction contracts and the documents that form the contracts for alternative methods of project delivery, which may include the construction phase or other phases of the project.(b) Unless otherwise specified by the executive administrator, an Applicant must submit at least one paper and one electronic copy of proposed contract documents, including engineering plans and specifications, which must be as detailed as would be required for submission to contractors bidding on the work. The Applicant must provide the executive administrator with all contract documents proposed for bid advertising. The executive administrator will review contract documents:(1) to ensure consistency with the approved engineering feasibility report and with approved environmental planning documents;(2) to ensure the proposed construction drawings and specifications provide adequate information so that a contractor can bid and construct the project without additional details or directions;(3) to ensure compliance with Commission rules at Title 30 Texas Administrative Code Chapter 290 relating to Public Drinking Water, and other applicable state and federal laws and rules;(4) to ensure the contract documents notify the contractor about the Board's authority to audit project files and inspect during construction; and(5) to ensure compliance with other requirements as provided in guidance forms and documents, including any additional documentation required by EPA for equivalency projects.(c) Other approvals. The Applicant must obtain the approval of the plans and specifications from any other local, state, and federal agencies having jurisdiction over the project. The executive administrator's approval is not an assumption of the Applicant's liability or responsibility to conform to all requirements of applicable laws relating to design, construction, operation, or performance of the project. Source Note: The provisions of this §371.62 adopted to be effective June 10, 2020, 45 TexReg 3863. 10 TEXAS WATER DEVELOPMENT BOARD 371 DRINKING WATER STATE REVOLVING FUND F ENGINEERING REVIEW AND APPROVAL §371.62 Contract Documents: Review and Approval https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199684&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199684 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199684&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199684 03/11/2026 (a) Applicable laws and rules. The Applicant shall comply with State procurement laws and rules and with applicable federal procurement rules, depending on the equivalency requirements for the financial assistance.(b) Executive administrator approval required. The Applicant shall not proceed to advertising for bids on the project without express written approval of the solicitation documents by the executive administrator. If the applicant proceeds to advertising without approval, it may affect eligibility for funding.(c) Changes prior to award. If the Applicant needs to alter the plans, specifications, or contract documents after the executive administrator's approval, then the Applicant shall:(1) provide the information and reasons relating to the changes therefore, if changes are required prior to bidding. The executive administrator must affirmatively approve any changes prior to advertising.(2) incorporate changes that occur after advertising into an addendum and provided to the executive administrator for approval as part of the bidding process.(d) Contract award. The text of a construction contract or a contract containing construction phase work submitted for approval prior to advertising must contain the same language and provisions as the contingently executed contract.(e) Pre-construction conference. The Applicant shall conduct a preconstruction conference on significant construction contracts to address the contents of the executed contract documents with the project owner, the project engineer, the prime contractor, and other appropriate parties in attendance. The Applicant shall provide the executive administrator with at least 10 days advance notice of the date, time, and location of the conference.(f) Notice to proceed. The executive administrator shall review the executed contract documents, including any additional documentation required by EPA for equivalency projects, and upon acceptance of same shall advise the Applicant that a notice to proceed may be issued to the contractor.(g) No liability. The executive administrator and the Board have no liability for any event arising out of or in any way related to project contracts or construction. Source Note: The provisions of this §371.63 adopted to be effective June 10, 2020, 45 TexReg 3863. 10 TEXAS WATER DEVELOPMENT BOARD 371 DRINKING WATER STATE REVOLVING FUND F ENGINEERING REVIEW AND APPROVAL §371.63 Advertising and Awarding Construction Contracts https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212890&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 212890 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212890&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 212890 03/11/2026 An applicant choosing to follow an alternative delivery method must elect to do so, and notify the Board, prior to commitment of TWDB funds. Once a funding request is approved by the Board, release of funds for project-specific tasks is governed by the provisions of the Alternative Delivery Guidance rather than the rules and procedures generally applied to Design-Bid-Build project delivery as set out in Subchapters F, G, and H of this Chapter. Source Note: The provisions of this §371.64 adopted to be effective March 1, 2023, 48 TexReg 1139. 10 TEXAS WATER DEVELOPMENT BOARD 371 DRINKING WATER STATE REVOLVING FUND F ENGINEERING REVIEW AND APPROVAL §371.64 Use of Alternative Delivery Guidance https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199687&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199687 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199687&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199687 03/11/2026 This subchapter applies to financial assistance for non-equivalency and equivalency projects. Source Note: The provisions of this §371.70 adopted to be effective June 10, 2020, 45 Texeg 3863. 10 TEXAS WATER DEVELOPMENT BOARD 371 DRINKING WATER STATE REVOLVING FUND G LOAN CLOSINGS AND AVAILABILITY OF FUNDS §371.70 Applicability https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199688&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199688 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199688&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199688 03/11/2026 (a) Applicability and required documents. This section applies to closings for financial assistance with entities issuing bonds or other authorized securities. The following documents and conditions are required for closing financial assistance secured by bonds or other authorized securities:(1) evidence that applicable requirements and regulations of all identified local, state, and federal agencies having jurisdiction have been met, including but not limited to permits and authorizations;(2) a certified copy of the ordinance or resolution adopted by the governing body authorizing the issuance of debt to be sold to the Board that is acceptable to the executive administrator. The ordinance or resolution must have sections providing as follows:(A) if financial assistance proceeds are to be deposited into an escrow account at the time of closing then an escrow account separate from all other accounts and funds must be created, as follows:(i) the account must be maintained by an escrow agent as defined in §371.1 of this title (relating to Definitions);(ii) funds cannot be released from the escrow account without prior written approval from the executive administrator, who shall issue written authorization for the release of funds;(iii) escrow account statements must be provided to the executive administrator upon request;(iv) the investment of any financial assistance proceeds deposited into an approved escrow account must be handled in a manner that complies with the Public Funds Investment Act, Texas Government Code Chapter 2256; and(v) the escrow account must be adequately collateralized in a manner sufficient to protect the Board's interest in the project and in compliance with the Public Funds Collateral Act, Texas Government Code Chapter 2257.(B) the Applicant shall fix and maintain rates in accordance with state law, and collect charges to provide adequate operation and maintenance of the project;(C) a construction account must be created and must be kept separate from all other accounts and funds of the Applicant;(D) bonds must be closed in book-entry-only form;(E) the use of a paying agent/registrar that is a Depository Trust Company (DTC) participant is required;(F) the payment of all DTC closing fees assessed by the Board's custodian bank must be directed to the Board's custodian bank by the Applicant;(G) the Applicant must provide evidence that one fully registered bond has been sent to the DTC or to the Applicant's paying agent/registrar prior to closing;(H) all payments, including the origination fee, must be made to the Board via wire transfer at no cost to the Board;(I) insurance coverage must be obtained and maintained in an amount sufficient to protect the Board's interest in the project;(J) the Applicant, or an obligated person for whom financial or operating data is presented, either individually or in combination with other issuers of the Applicant's obligations or obligated persons, must undertake in a written agreement or contract to comply with requirements for continuing disclosure as required by Securities and Exchange Commission (SEC) rule 15c2-12 and determined as if the Board were a Participating Underwriter within the meaning of such rule. Such continuing disclosure undertaking is for the benefit of the Board and the beneficial owner of the political subdivision's obligations if the Board sells or otherwise transfers such obligations, and the beneficial owners of the Board's bonds if the political subdivision is an obligated person with respect to such bonds under rule 15c2-12. The ordinance or resolution required in this paragraph of this subsection, above, must also contain any other requirements of the SEC or the IRS relating to arbitrage, private activity bonds, or other relevant requirements regarding the securities held by the Board;(K) current, accurate, and complete records and accounts must be maintained in accordance with generally accepted accounting principles to demonstrate compliance with requirements in the financial assistance documents;(L) the Applicant must annually submit an audit prepared by a certified public accountant in accordance with generally accepted auditing standards;(M) the Applicant must submit a final accounting within 60 days of project completion;(N) the Applicant must document the adoption and implementation of an approved water conservation plan for the duration of the financial assistance;(O) the Applicant must comply with special environmental conditions specified in the Board's environmental finding as well as with any applicable Board laws or rules relating to use of the financial assistance;(P) the Applicant must establish a dedicated source of revenue for repayment of the financial assistance;(Q) interest payments must commence no later than one year after the date of closing;(R) annual principal payments must commence no later than 18 months after completion of project construction; and(S) any other recitals mandated by the executive administrator.(3) unqualified approving opinions of the attorney general of Texas and, if bonds or other authorized securities are issued, a certification from the comptroller of public accounts that such debt has been registered in that office;(4) an unqualified approving opinion by a recognized bond attorney;(5) assurances that the Applicant will comply with any special conditions specified by the Board's environmental finding;(6) if the project will result in the development of surface water or groundwater resources, the Applicant must provide information showing that it has the legal right to use the water that the project will provide. Upon receipt of the information, the executive administrator will prepare a finding that the Applicant has a reasonable expectation of obtaining the water rights to the water that the project will provide prior to any release of funds for planning, land acquisition, and design activities. Prior to the release of funds for construction, a written water rights certification will be prepared by the executive administrator. The certification will be based on the Applicant's information showing the necessary water rights have been acquired.(7) evidence that the Applicant has the technical, managerial, and financial capacity to maintain the system unless the use of the funds will be to ensure that the system has the technical, managerial, and financial capacity to comply with the national primary or applicable state drinking water regulations over the long term;(8) a Private Placement Memorandum containing a detailed description of the issuance of the debt to be sold to the Board. The Applicant must submit a draft Private Placement Memorandum at least 30 days before closing of the financial assistance; a final electronic version of the Memorandum must be submitted no later than seven days before closing,(9) when any portion of the financial assistance is to be held in an escrow account, the Applicant must execute an escrow agreement approved as to form and substance by the executive administrator;(10) if applicable, a home rule municipality pursuant to Texas Local Government Code Chapter 104 must execute a Certification of Trust as defined in §371.1 of this title; and(11) any additional information specified in writing by the executive administrator.(b) Certified bond transcript. Within sixty (60) days of closing the financial assistance, the Applicant shall submit a transcript of proceedings relating to the debt purchased by the Board which must contain those instruments normally furnished by a purchaser of debt.(c) Phased closing. The executive administrator may determine that closing the financial assistance in phases is appropriate when:(1) the project has distinct phases for planning, design, acquisition, and construction, or if any one of the phases can be logically and practically divided into discrete sections;(2) the project utilizes the design-build or construction manager-at-risk process or any process wherein there is simultaneous design and construction;(3) there are limitations on the availability of funds;(4) additional oversight is required due to the financial condition of the Applicant or the complexity of the project; or(5) due to any unique facts arising from the particular transaction.(d) Financial assistance consisting of 100 percent principal forgiveness. Notwithstanding subsection (a) of this section, the following documents are required for closing financial assistance consisting of 100 percent principal forgiveness:(1) evidence that applicable requirements and regulations of all identified local, state, and federal agencies having jurisdiction have been met, including but not limited to permits and authorizations;(2) an executed principal forgiveness agreement adopted by the governing body that is acceptable to the executive administrator. The agreement must have the following sections:(A) if financial assistance proceeds are to be deposited into an escrow account at the time of closing, then an escrow account separate from all other accounts and funds must be created, as follows:(i) the account must be maintained by an escrow agent as defined in §371.1 of this title;(ii) funds cannot be released from the escrow account without prior written approval from the executive administrator, who shall issue written authorization for the release of funds;(iii) escrow account statements must be provided to the executive administrator upon request;(iv) the investment of any financial assistance proceeds deposited into an approved escrow account must be handled in a manner that complies with the Public Funds Investment Act, Texas Government Code Chapter 2256; and(v) the escrow account musts be adequately collateralized in a manner sufficient to protect the Board's interest in the project and in compliance with the Public Funds Collateral Act, Texas Government Code Chapter 2257;(B) the Applicant must fix and maintain rates in accordance with state law and collect charges to provide adequate operation and maintenance of the project;(C) a construction account separate from all other accounts and funds of the Applicant must be created;(D) insurance coverage must be obtained and maintained in an amount sufficient to protect the Board's interest in the project;(E) the Applicant, or an obligated person for whom financial or operating data is presented, either individually or in combination with other issuers of the Applicant's obligations or obligated persons, must undertake in a written agreement or contract to comply with requirements for continuing disclosure as required by Securities and Exchange Commission (SEC) rule 15c2-12 and determined as if the Board were a Participating Underwriter within the meaning of such rule. Such continuing disclosure undertaking is for the benefit of the Board and the beneficial owner of the political subdivision's obligations if the Board sells or otherwise transfers such obligations, and the beneficial owners of the Board's bonds if the political subdivision is an obligated person with respect to such bonds under rule 15c2-12. The ordinance or resolution required in subsection (a)(2) of this section, must also contain any other requirements of the SEC or the IRS relating to arbitrage, private activity bonds, or other relevant requirements regarding the securities held by the Board;(F) current, accurate, and complete records and accounts must be maintained in accordance with generally accepted accounting principles to demonstrate compliance with requirements in the financial assistance documents;(G) the Applicant must annually submit an audit prepared by a certified public accountant in accordance with generally accepted auditing standards;(H) the Applicant must submit a final accounting within 60 days of the completion of the project;(I) the Applicant must document the adoption and implementation of an approved water conservation plan for the duration of the financial assistance;(J) the Applicant must comply with special environmental conditions specified in the Board's environmental finding as well as with any applicable Board laws or rules relating to use of the financial assistance;(3) assurances that the Applicant will comply with any special conditions specified by the Board's environmental finding;(4) if the project will result in the development of surface water or groundwater resources, the Applicant must provide information showing that it has the legal right to use the water that the project will provide. Upon receipt of the information, the executive administrator will prepare a finding that the Applicant has a reasonable expectation of obtaining the water rights to the water that the project will provide prior to any release of funds for planning, land acquisition, and design activities. Prior to the release of funds for construction, a written water rights certification will be prepared by the executive administrator. The certification will be based upon the Applicant's information showing the necessary water rights have been acquired;(5) evidence that the Applicant has the technical, managerial, and financial capacity to maintain the system unless the use of the funds will be to ensure that the system has the technical, managerial, and financial capacity to comply with the national primary or applicable state drinking water regulations over the long term;(6) when any portion of the financial assistance is to be held in an escrow account, the Applicant must execute an escrow agreement approved as to form and substance by the executive administrator;(7) if applicable, a home rule municipality pursuant to Texas Local Government Code Chapter 104 must execute a Certification of Trust as defined in §371.1 of this title; and(8) any additional information specified in writing by the executive administrator. Source Note: The provisions of this §371.71 adopted to be effective June 10, 2020, 45 TexReg 3863. 10 TEXAS WATER DEVELOPMENT BOARD 371 DRINKING WATER STATE REVOLVING FUND G LOAN CLOSINGS AND AVAILABILITY OF FUNDS §371.71 Financial Assistance Secured by Bonds or Other Authorized Securities https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199686&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199686 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199686&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199686 03/11/2026 (a) Applicability. This section contains closing requirements for a water supply corporation, an eligible NPNC, or an eligible private Applicant or other Applicant that is not authorized to issue bonds or other securities. This section applies to financial assistance for either pre-design or construction funding.(b) Use of consultants. The executive administrator may recommend, but not require, that the entity engage the services of a financial advisor or other consultant to ensure the appropriateness of the proposed debt and to provide advice to the entity.(c) Documents required for closing. The following documents and conditions are required for closing financial assistance secured by promissory notes and deeds of trust:(1) evidence that applicable requirements and regulations of all identified local, state, and federal agencies having jurisdiction have been met, including but not limited to permits and authorizations;(2) an executed promissory note and loan agreement in a form approved by the executive administrator;(3) a Deed of Trust and Security Agreement that must contain a first mortgage lien evidenced by a deed of trust on all the real and personal property of the water system; provided, however, this is not needed if the financial assistance consists of 100 percent principal forgiveness;(4) an owner's title insurance policy for the benefit of the Board covering all the real property identified in the deed of trust; provided, however, this is not needed if the financial assistance consists of 100 percent principal forgiveness;(5) evidence that the rates on which the Applicant intends to rely for repayment of the financial assistance have received final and binding approval from the Utility Commission and, for Applicants required to utilize a surcharge account, evidence that the approval of the Utility Commission was conditioned on the creation of a surcharge account;(6) a certified copy of the resolution adopted by the governing body authorizing the indebtedness and a certificate from the secretary of the governing body attesting to adoption of the resolution in accordance with the bylaws or rules of the governing body and in compliance with the Open Meetings Act, if applicable;(7) a legal opinion from Applicant's counsel that provides:(A) that the entity has the legal authority to enter into the loan agreement and to execute a promissory note;(B) that the entity is not in breach or default of any state or federal order, judgment, decree, or other instrument which would have a material effect on the loan transaction;(C) that there is no pending suit, action, proceeding, or investigation by a public entity that would materially adversely affect the enforceability or validity of the required financial assistance documents;(D) evidence that the entity is in good standing with the Texas Office of the Secretary of State; and(E) a statement addressing any other issues deemed relevant by the executive administrator.(8) evidence that an approved water conservation plan has been adopted and will be implemented through the life of the project;(9) evidence of the Applicant's agreement to comply with special environmental conditions contained in the Board's environmental finding;(10) evidence that the Applicant has established a dedicated source of revenue for repayment of the financial assistance;(11) evidence that the Applicant has adopted final water rates and charges that are not subject to appeal to the Utility Commission;(12) copies of executed service and revenue contracts;(13) evidence that the Applicant has the technical, managerial, and financial capacity to maintain the system unless the use of the funds will be to ensure that the system has the technical, managerial, and financial capacity to comply with the national primary or applicable state drinking water regulations over the long term;(14) if the project will result in the development of surface water or groundwater resources, the Applicant must provide information showing that it has the legal right to use the water that the project will provide. Upon receipt of the information, the executive administrator will prepare a finding that the Applicant has a reasonable expectation of obtaining the water rights to the water that the project will provide prior to any release of funds for planning, land acquisition, and design activities. Prior to the release of funds for construction, a written water rights certification must be prepared by the executive administrator. The certification will be based on the Applicant's information showing the necessary water rights have been acquired.(15) when any portion of the financial assistance is to be held in an escrow account, the Applicant shall execute an escrow agreement, approved as to form and substance by the executive administrator; and(16) any additional information specified in writing by the executive administrator.(d) if financial assistance proceeds are to be deposited into an escrow account at the time of closing, then an escrow account separate from all other accounts and funds must be created, as follows:(1) the account must be maintained by an escrow agent as defined in §371.1 of this title (relating to Definitions);(2) funds cannot be released from the escrow account without prior written approval of the executive administrator, who shall issue written authorization for the release of funds;(3) escrow account statements must be provided to the executive administrator upon request;(4) the investment of any financial assistance proceeds deposited into an approved escrow account, must be handled in a manner that complies with the Public Funds Investment Act, Texas Government Code Chapter 2256; and(5) the escrow account must be adequately collateralized in a manner sufficient to protect the Board's interest in the project and that complies with the Public Funds Collateral Act, Texas Government Code Chapter 2257.(e) Construction account. A construction account must be created and must be kept separate from all other accounts and funds of the Applicant.(f) Phased closing. The executive administrator may determine that closing the financial assistance in phases is appropriate when:(1) the project has distinct phases for planning, design, acquisition, and construction, or if any one of the phases can be logically and practically divided into discrete sections;(2) the project utilizes the design-build or construction manager-at-risk process or any process wherein there is simultaneous design and construction;(3) there are limitations on the availability of funds;(4) additional oversight is required due to the financial condition of the Applicant or the complexity of the project; or(5) due to any unique facts arising from the particular transaction. Source Note: The provisions of this §371.72 adopted to be effective June 10, 2020, 45 TexReg 3863. 10 TEXAS WATER DEVELOPMENT BOARD 371 DRINKING WATER STATE REVOLVING FUND G LOAN CLOSINGS AND AVAILABILITY OF FUNDS §371.72 Financial Assistance Secured by Promissory Notes and Deeds of Trust https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199689&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199689 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199689&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199689 03/11/2026 (a) Escrow of funds. The executive administrator may deposit funds into an escrow account at the time of closing of the financial assistance. Releases from an escrow account must occur sequentially as described in subsection (c) of this section or in accordance with phasing required for the applicable project. The Applicant must submit outlays for all expenses incurred.(b) Reimbursement method of accessing funds. DWSRF financial assistance is available for disbursement under a reimbursement method unless the executive administrator approves the deposit of funds into an escrow account at the closing of the financial assistance, as appropriate. The executive administrator will reimburse the Applicant's expenditures upon the receipt of an outlay report supported by detailed invoices of expenditures, or the executive administrator may issue a written authorization for the release of funds from an escrow account based on the receipt of outlay reports supported by detailed invoices of expenditures. The outlays and releases from an escrow account must be consistent with the approved project schedule.(c) Sequence of availability of funds. Financial assistance is available for disbursement in the following sequence:(1) for planning and permitting costs, after receipt of executed contracts for the planning or permitting phase, and after approval of a water conservation plan;(2) for design costs, after receipt of executed contracts for design, after approval of an engineering feasibility report, and after completion of the environmental review; and(3) for construction costs, after issuance of any applicable permits, after acquisition documents and contract documents (including plans and specifications) are approved and executed, and after the executive administrator has approved the issuance of a Notice to Proceed.(d) Outlay reports. Applicant's outlay reports must be supported by detailed invoices for incurred costs as the project progresses in accordance with the project schedule. Outlay reports must be submitted in a form determined by the executive administrator, and on the following schedule:(1) for financial assistance for planning, acquisition, and design, quarterly; and(2) for financial assistance for construction, monthly.(e) Consistency for project schedules and outlays. Projects must proceed in accordance with approved project schedules as closely as possible. Source Note: The provisions of this §371.73 adopted to be effective June 10, 2020, 45 TexReg 3863. 10 TEXAS WATER DEVELOPMENT BOARD 371 DRINKING WATER STATE REVOLVING FUND G LOAN CLOSINGS AND AVAILABILITY OF FUNDS §371.73 Disbursement of Funds https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199690&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199690 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199690&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199690 03/11/2026 (a) Remaining unused funds are those funds unspent after the original approved project is completed. Remaining unused funds may be spent for enhancements to the original project upon written approval by the executive administrator, including green components.(b) If there are no enhancements authorized, the Applicant must submit a final accounting and disposition of any unused funds as specified in §371.86 of this title (relating to Final Accounting). Source Note: The provisions of this §371.74 adopted to be effective June 10, 2020, 45 TexReg 3863. 10 TEXAS WATER DEVELOPMENT BOARD 371 DRINKING WATER STATE REVOLVING FUND G LOAN CLOSINGS AND AVAILABILITY OF FUNDS §371.74 Remaining Unused Funds https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199691&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199691 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199691&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199691 03/11/2026 For eligible private Applicants and eligible NPNC Applicants that are not also eligible public Applicants, the establishment of a surcharge and creation of a surcharge account is required. If the executive administrator determines that the use of a surcharge and surcharge account is not available to an Applicant through the Utility Commission, the executive administrator may recommend that the Board consider other sources of revenue available to an Applicant for repayment of financial assistance from the Board. Source Note: The provisions of this §371.75 adopted to be effective June 10, 2020, 45 TexReg 3863. 10 TEXAS WATER DEVELOPMENT BOARD 371 DRINKING WATER STATE REVOLVING FUND G LOAN CLOSINGS AND AVAILABILITY OF FUNDS §371.75 Surcharge https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199699&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199699 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199699&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199699 03/11/2026 This subchapter applies to financial assistance for non-equivalency and equivalency projects. Source Note: The provisions of this §371.80 adopted to be effective June 10, 2020, 45 TexReg 3863. 10 TEXAS WATER DEVELOPMENT BOARD 371 DRINKING WATER STATE REVOLVING FUND H CONSTRUCTION AND POST-CONSTRUCTION REQUIREMENTS §371.80 Applicability https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199692&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199692 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199692&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199692 03/11/2026 (a) Applicant's inspection. The Applicant shall provide for the adequate qualified inspection of the project under the supervision of a registered engineer and shall require the engineer's assurance that the work is being performed in a satisfactory manner in accordance with the approved plans, specifications, and other engineering design or permit documents, approved alterations or changes, in accordance with the requirements in the environmental finding applicable to the project, and using sound engineering principles and construction practices.(b) Board's site visits. The executive administrator may conduct site visits regarding the construction and materials of a project at any time. The purpose of site visits is to determine whether the contractor is substantially complying with the approved engineering plans for the project and is constructing the project in accordance with the approved project schedule. The site visits do not subject the state to any civil liability.(c) Scope of inspections. Inspections may include, but are not limited to:(1) on-site observations and review of the conditions at the construction sites, including compliance with environmental mitigation measures;(2) review of documents related to the construction projects, including but not limited to:(A) payroll, daily attendance, and any other records relating to person employed during the construction, and records relating to the Davis-Bacon Act and related federal laws and regulations regarding prevailing wage rates;(B) invoices, receipts for materials, accounting ledgers, and any other documents related to expenditure of funds to facilitate tracking the project's progress;(C) evidence of testing of installed materials and equipment;(D) deviations from approved plans and specifications;(E) change orders and supporting documents;(F) compliance with EPA's American Iron and Steel requirements; and(G) review of any other documents to ensure compliance with the terms of the approved contract documents and the Board's rules.(d) The executive administrator may document issues to ensure compliance with applicable laws, rules, and contract documents, and may recommend to the owner that certain corrective actions occur to ensure compliance with laws, rules, and approved plans and specifications.(e) The Applicant must provide the executive administrator with a response to any documented issues relating to compliance. Source Note: The provisions of this §371.81 adopted to be effective June 10, 2020, 45 TexReg 3863. 10 TEXAS WATER DEVELOPMENT BOARD 371 DRINKING WATER STATE REVOLVING FUND H CONSTRUCTION AND POST-CONSTRUCTION REQUIREMENTS §371.81 Inspection During Construction https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199700&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199700 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199700&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199700 03/11/2026 (a) Changes after approval of engineering feasibility report. The Applicant must notify the executive administrator of any changes to the project that occur after the approval of the report but prior to the start of construction. The executive administrator will review the proposed changes and notify the Applicant if additional engineering or other information is required. For facilities required to have Commission approval, the Commission must give its approval before any substantial or material changes are made in the plans. No changes may be implemented without the express written approval of the executive administrator.(b) Changes during construction. Any proposed change to the construction contract must be submitted to the executive administrator in the form of a formal change order; the proposed change will be reviewed for compliance with program requirements and applicable Commission rules. Depending on the scope and complexity of the proposed change, approval by the executive administrator also may require amendments to other engineering and environmental documents and coordination with the Commission for issues involving variances to Commission rules. Source Note: The provisions of this §371.82 adopted to be effective June 10, 2020, 45 TexReg 3863. 10 TEXAS WATER DEVELOPMENT BOARD 371 DRINKING WATER STATE REVOLVING FUND H CONSTRUCTION AND POST-CONSTRUCTION REQUIREMENTS §371.82 Alterations During Construction https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199701&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199701 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199701&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199701 03/11/2026 All significant elements of a project must be constructed with skilled laborers and mechanics obtained through the competitive bidding process. The Applicant, with the prior approval of the executive administrator, may utilize its own employees and equipment for inspection or minor construction upon showing that Applicant possesses the competence required to accomplish such work and that the work can be accomplished more economically by use of the force account method. Source Note: The provisions of this §371.83 adopted to be effective June 10, 2020, 45 TexReg 3863. 10 TEXAS WATER DEVELOPMENT BOARD 371 DRINKING WATER STATE REVOLVING FUND H CONSTRUCTION AND POST-CONSTRUCTION REQUIREMENTS §371.83 Force Account https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199702&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199702 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199702&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199702 03/11/2026 After a project is completed, the Applicant shall notify the executive administrator of the receipt of a complete set of as-built drawings of the project from the project construction engineer. Source Note: The provisions of this §371.84 adopted to be effective June 10, 2020, 45 TexReg 3863. 10 TEXAS WATER DEVELOPMENT BOARD 371 DRINKING WATER STATE REVOLVING FUND H CONSTRUCTION AND POST-CONSTRUCTION REQUIREMENTS §371.84 As Built Plans https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199703&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199703 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199703&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199703 03/11/2026 (a) Purpose. The executive administrator will issue a Certificate of Approval (certificate) upon completion of all work under each prime construction contract.(b) Final prime construction contract. A certificate will be issued at the completion of all work under the final prime construction contract. This certificate will be transmitted to the Applicant with a statement that the project and the Board's inspection process are complete. Source Note: The provisions of this §371.85 adopted to be effective June 10, 2020, 45 TexReg 3863. 10 TEXAS WATER DEVELOPMENT BOARD 371 DRINKING WATER STATE REVOLVING FUND H CONSTRUCTION AND POST-CONSTRUCTION REQUIREMENTS §371.85 Certificate of Approval and Project Completion https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199693&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199693 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199693&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199693 03/11/2026 (a) Within 60 days of Applicant's receipt of the Certificate of Approval for the final prime construction contract and the final inspection report, the Applicant shall submit a final accounting and a final funds requisition form.(b) After the final accounting, the executive administrator will notify the Applicant if remaining surplus funds exist and advise the Applicant that any remaining surplus funds may be used in a manner approved by the executive administrator. Source Note: The provisions of this §371.86 adopted to be effective June 10, 2020, 45 TexReg 3863. 10 TEXAS WATER DEVELOPMENT BOARD 371 DRINKING WATER STATE REVOLVING FUND H CONSTRUCTION AND POST-CONSTRUCTION REQUIREMENTS §371.86 Final Accounting https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199694&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199694 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199694&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199694 03/11/2026 The Applicant must retain all documents, records, and invoices whether in electronic form or otherwise relating to the expenditure of all financial assistance from the DWSRF for a period of three full state fiscal years after completion of the project and receipt of the final certificate of approval. Source Note: The provisions of this §371.87 adopted to be effective June 10, 2020, 45 TexReg 3863. 10 TEXAS WATER DEVELOPMENT BOARD 371 DRINKING WATER STATE REVOLVING FUND H CONSTRUCTION AND POST-CONSTRUCTION REQUIREMENTS §371.87 Records Retention https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199695&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199695 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199695&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199695 03/11/2026 (a) Retainage. The Applicant will withhold a minimum of five percent of each progress payment throughout the course of the construction contract.(b) Full release of retainage. The executive administrator will approve the full release of retainage on a contract when:(1) the Applicant's engineer approves the contractor's request for release of retainage; and(2) the Applicant's governing body approves the release of retainage; and(3) the executive administrator issues the Certificate of Approval.(c) Partial release of retainage. If the executive administrator determines that a project is substantially complete, the executive administrator may approve a partial release of retainage. Source Note: The provisions of this §371.88 adopted to be effective June 10, 2020, 45 TexReg 3863. 10 TEXAS WATER DEVELOPMENT BOARD 371 DRINKING WATER STATE REVOLVING FUND H CONSTRUCTION AND POST-CONSTRUCTION REQUIREMENTS §371.88 Release of Retainage https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199696&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199696 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199696&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199696 03/11/2026 After the satisfactory completion of the project, the Applicant remains responsible for compliance with applicable laws and rules relating to the project and to the financial assistance documents, including but not limited to submission of an annual audit, implementation and enforcement of the approved water conservation plan and other assurances made to the Board. The Board has a continuing interest in the State's investment; therefore, the Applicant will be subject to the continuing authority of the Board and the executive administrator through final payment of the financial assistance. Source Note: The provisions of this §371.89 adopted to be effective June 10, 2020, 45 TexReg 3863. 10 TEXAS WATER DEVELOPMENT BOARD 371 DRINKING WATER STATE REVOLVING FUND H CONSTRUCTION AND POST-CONSTRUCTION REQUIREMENTS §371.89 Responsibilities of Applicant https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199697&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199697 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199697&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199697 03/11/2026 (a) The financial assistance provided by the Board is based on the project's economic feasibility, and the Board shares the Applicant's desire to maintain this feasibility in the project's operation and maintenance at all times. The executive administrator will periodically inspect, analyze, and monitor the project's revenues, operation, and any other information the Board requires in order to perform its duties and to protect the public interest.(b) After construction is complete and the Applicant has completed construction, the executive administrator is authorized to:(1) inspect the project at any time. If the executive administrator determines that the project is being improperly or inadequately operated and maintained to the extent that the project purposes are not being properly fulfilled or that integrity of the State's investment is being endangered, the executive administrator may require the Applicant to take corrective action;(2) inspect certified copies of all minutes, operating budgets, monthly operating statements, contracts, leases, deeds, audit reports, and other documents concerning the operation and maintenance of the project;(3) inspect and review the project and to obtain information through documents or interviews with appropriate personnel to ensure that the Applicant is complying with the requirements of the covenants of the bond indenture and/or the master agreement;(4) inspect accounting and financial records to ensure that the Applicant maintains debt service fund accounts and all other fund accounts related to the DWSRF debt in accordance with standards set forth by the Governmental Accounting Standards Board; and(5) request the Applicant to determine the status of compliance with mitigation measures as required in the final environmental determination. Source Note: The provisions of this §371.90 adopted to be effective June 10, 2020, 45 TexReg 3863. 10 TEXAS WATER DEVELOPMENT BOARD 371 DRINKING WATER STATE REVOLVING FUND H CONSTRUCTION AND POST-CONSTRUCTION REQUIREMENTS §371.90 Authority of the Executive Administrator https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199698&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199698 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199698&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199698 03/11/2026 If the Applicant does not comply with applicable laws and rules relating to the project and to the financial assistance documents, the executive administrator may take any of the following actions:(1) impose additional conditions to remedy the noncompliance;(2) withhold releases from escrows or disbursements until the Applicant comes into compliance;(3) refrain from closing on existing commitments;(4) disallow all or part of the cost of a project expenditure that is not in compliance;(5) allow a substitution of eligible cost activities for disallowed costs or require repayment of disallowed costs, at the discretion of the executive administrator; and(6) take other remedial actions that may be legally available. Source Note: The provisions of this §371.91 adopted to be effective June 10, 2020, 45 TexReg 3863. 10 TEXAS WATER DEVELOPMENT BOARD 371 DRINKING WATER STATE REVOLVING FUND H CONSTRUCTION AND POST-CONSTRUCTION REQUIREMENTS §371.91 Disallowance of Project Costs and Remedies for Noncompliance https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212891&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 212891 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212891&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 212891 03/11/2026 The following words and terms have the following meanings when used in this chapter, unless the context clearly indicates otherwise. Words defined in Chapter 15 of the Texas Water Code and not defined here shall have the meanings provided by Chapter 15.(1) Acquisition--The Applicant obtaining interests in land that are necessary for construction or land that will be an integral part of the treatment process (including land use for the storage of treated wastewater in land treatment systems prior to land application) or will be used for ultimate disposal of residues resulting from such treatment and acquisition of other land.(2) Act--The Federal Water Pollution Control Act, 33 U.S.C. §§1251 et seq.(3) Alternative Delivery Guidance--A document prepared by the Board after public review and comment and reviewed periodically that identifies alternative methods of project delivery available to applicants for financial assistance and the requirements for utilizing an alternative delivery method.(4) Applicant--The entity applying for financial assistance from the CWSRF including:(A) the entity that receives the financial assistance, and(B) the entity legally responsible to repay the debt.(5) Application--The information and supporting documentation submitted by or on behalf of the Applicant that may be used in consideration for financial assistance from the CWSRF or that the executive administrator determines must be completed for consideration for financial assistance from the CWSRF.(6) Authorized representative--The signatory agent authorized and directed by the Applicant's governing body to file the application and to sign documents relating to the project, on behalf of the Applicant.(7) Board--The Texas Water Development Board.(8) Bonds--All bonds, notes, certificates of obligation, and book-entry obligations authorized to be issued by any political subdivision.(9) Bypass--To pass over a higher ranked project in favor of a lower ranked project to ensure that funds available are utilized in a timely manner, to select an interrelated project, or to meet statutory and capitalization grant requirements as delineated in the applicable IUP.(10) Capitalization grant--The federal grant funds awarded annually by the EPA to the State for capitalization of the CWSRF.(11) Certification of Trust--An instrument executed by a home rule municipality pursuant to Chapter 104, Local Government Code, governing the management of the financial assistance proceeds in accordance with §114.086, Texas Property Code.(12) Clean Water State Revolving Fund (CWSRF)--The financial assistance program authorized by Texas Water Code, Chapter 15, Subchapter J in accordance with the Act.(13) Closing--The exchange of the Applicant's approved debt instruments for CWSRF financial assistance.(14) Commission--The Texas Commission on Environmental Quality.(15) Commitment--An offer by the Board to provide financial assistance to an Applicant as evidenced by a Board resolution.(16) Construction--Any one or more of the following: preliminary planning to determine the feasibility of treatment works, engineering, architectural, legal, fiscal, or economic investigations or studies, surveys, designs, plans, working drawings, specifications, procedures, field testing of innovative or alternative wastewater treatment processes and techniques meeting guidelines promulgated under 33 U.S.C. §1314(d)(3), or other necessary actions, erection, building, acquisition, alteration, remodeling, improvement, or extension of treatment works or the inspection or supervision of any of the foregoing items.(17) Construction account--A separate account created and maintained for the deposit of financial assistance and utilized by the Applicant to pay eligible expenses of the project.(18) Construction phase--The erection, acquisition, alteration, remodel, rehabilitation, improvement, extension, or other man-made change necessary for an eligible project or activity.(19) Contract documents--The engineering documentation relating to the project including engineering drawings, maps, technical specifications, design reports, instructions, and other contract conditions and forms that are in sufficient detail to allow contractors to bid on the work.(20) Cost and Effectiveness Analysis--The study and evaluation of the cost and effectiveness of the processes, materials, techniques, and technologies for carrying out the proposed project or activity; and the selection, to the maximum extent practicable, of a project or activity that maximizes the potential for efficient water use, reuse, recapture, and conservation, and energy conservation; taking into account (i) the cost of constructing the project or activity, (ii) the cost of operating and maintaining the project or activity over the life of the project or activity, and (iii) the cost of replacing the project or activity.(21) Davis Bacon Act--The federal statute at 40 U.S.C. §§3141 et seq. and in conformance with the U.S. Department of Labor regulations at 29 CFR Part 5 (Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction) and 29 CFR Part 3 (Contractors and Subcontractors on Public Work Financed in Whole or in Part by Loans or Grants from the United States).(22) Debt--All bonds or other documents issued or to be issued by any political subdivision or eligible Applicant pledging repayment of the Board's financial assistance.(23) Design--The project phase during which the project design documents are prepared by the Applicant. Documents may include design surveys, plans, working drawings, specifications and any procedures and protocols to be used during the construction phase of the project.(24) Disadvantaged community--A community that meets the affordability criteria based on income, unemployment rates, and population trends. Specifically, the service area of an eligible applicant, the service area of a community that is located outside the entity's service area, or a portion within the entity's service area if the proposed project is providing new service to existing residents in unserved areas; and meets the following affordability criteria: (a) has an annual median household income that is no more than 75 percent of the state median household income using an acceptable source of socioeconomic data, and (b) the household cost factor that considers income, unemployment rates, and population trends must be greater than or equal to one percent if only water or sewer service is provided or greater than or equal to two percent if both water and sewer service are provided. The required data and calculations of the household cost factor are specified in the Intended Use Plan under which the project would receive funding.(25) Disaster--The occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property resulting from any natural or man-made cause, including fire, flood, earthquake, wind, storm, wave action, oil spill or other water contamination, volcanic activity, epidemic, air contamination, blight, drought, infestation, explosion, riot, hostile military or paramilitary action, extreme heat, other public calamity requiring emergency action, or energy emergency as defined in Texas Government Code, §418.004.(26) Eligible Applicant--Any of the following entities:(A) a waste treatment management agency including any interstate agencies, or any city, commission, county, district, river authority, or other public body created by or pursuant to state law that has authority to dispose of sewage, industrial wastes, or other waste, or a special purpose district that finances, on behalf of its members, waste disposal projects;(B) an authorized Indian tribal organization;(C) any person applying for financial assistance to build a nonpoint source pollution control project pursuant to 33 U.S.C. §1329;(D) any person applying for financial assistance for an estuary management project pursuant to 33 U.S.C. §1330;(E) any entity or person applying for financial assistance as authorized under 33 U.S.C. §1383(c); or(F) any other entity eligible under federal law to receive funds from the CWSRF.(27) Engineering feasibility report--Those necessary plans and studies that directly relate to the project and that are needed in order to assure compliance with the enforceable requirements of the Act and state statutes.(28) EPA--The United States Environmental Protection Agency or a designated representative.(29) Equivalency projects--Those projects funded that must follow all federal cross cutter requirements.(30) Escrow account--A separate account maintained by an escrow agent until such funds are eligible for release to the construction account.(31) Escrow agent--Any of the following:(A) a state or national bank designated by the comptroller as a state depository institution in accordance with Texas Government Code, Chapter 404, Subchapter C;(B) a custodian of collateral in accordance with the Texas Government Code, Chapter 404, Subchapter D; or(C) a municipal official responsible for managing the fiscal affairs of a home-rule municipality in accordance with Local Government Code, Chapter 104.(32) Estuary management plan--A plan for the conservation and management of an estuary of national significance as described in 33 U.S.C. §1330.(33) Estuary management project--A project to develop or implement an estuary management plan.(34) Executive administrator--The executive administrator of the Board or a designated representative.(35) Expiration date--The date on which the Board's offer of financial assistance is no longer open or valid and by which a Closing must occur.(36) Financial assistance--Funding made available to eligible Applicants, as authorized in 33 U.S.C. §1383(d), including principal forgiveness.(37) Fiscal sustainability plan--At a minimum, it includes:(A) an inventory of critical assets that are part of the treatment works;(B) an evaluation of the condition and performance of inventoried assets or asset groupings;(C) a certification that the assistance recipient has evaluated and will be implementing water and energy conservation efforts as part of the plan; and(D) a plan for maintaining, repairing, and, as necessary, replacing the treatment works and a plan for funding such activities.(38) Force majeure--Acts of god, strikes, lockouts, or other industrial disturbances, acts of the public enemy, war, blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, storms, floods, washouts, droughts, tornadoes, hurricanes, arrests and restraints of government and people, explosions, breakage or damage to machinery, pipelines or canals, and any other inabilities of either party, whether similar to those enumerated or otherwise, and not within the control of the party claiming such inability, which by the exercise of due diligence and care such party could not have avoided.(39) Green project--A project or components of a project that, when implemented, will result in energy efficiency, water efficiency, green infrastructure, or environmental innovation and that are characterized as green projects either categorically or by utilizing a business case as approved by the executive administrator.(40) Green project reserve--A federal directive requiring a specified portion of the capitalization grant to finance green projects.(41) Initial Invited Project List--That portion of the Project Priority List listing the eligible projects, ranked according to their rating, that will initially be invited to submit applications in accordance with procedures and deadlines as detailed in the applicable Intended Use Plan.(42) Intended Use Plan (IUP)--A document prepared annually by the Board, after public review and comment, which identifies the intended uses of all CWSRF program funds and describes how those uses support the overall goals of the CWSRF.(43) Lending rate--The rate of interest applicable to financial assistance that must be repaid.(44) Market interest rate--Interest rates comparable to those attained for securities in an open market offering.(45) Municipality--A city, town, borough, county, parish, district, association, or other public body created by or pursuant to state law, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under 33 U.S.C. §1288.(46) Non-equivalency projects--All projects other than Equivalency projects.(47) Nonpoint source pollution plan--A plan for managing nonpoint source pollution as described in 33 U.S.C. §1329. Nonpoint source pollution is any source of water pollution that does not enter water from a point source and includes pollution generally resulting from land runoff, precipitation, atmospheric deposition, drainage, seepage, or hydrologic modification.(48) Nonpoint source pollution project--A project implemented pursuant to a nonpoint source pollution plan.(49) Outlay report--The Board's form used to report costs incurred on the project.(50) Permit--Any permit, license, registration, or other legal document required from any local, regional, state, or federal government for construction of the project.(51) Person--An individual, corporation, partnership, association, State, municipality, commission, or political subdivision of the State, or any interstate body.(52) Planning--The project phase during which the Applicant identifies and evaluates potential alternatives to meet the needs of the proposed project. It includes the cost and effectiveness analysis and environmental review described in Subchapter E of this chapter and preparation of the engineering feasibility report described in Subchapter F of this chapter.(53) Point source--Any discernible, confined, and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged. This term does not include agricultural stormwater discharges and return flows from irrigated agriculture.(54) Political subdivision--A municipality, intermunicipal, interstate, or state agency, or any other public entity eligible for assistance under Texas Water Code Chapter 16, Subchapter J, or a nonprofit water supply corporation created and operating under Texas Water Code Chapter 67, if such entity is eligible for financial assistance under federal law.(55) Population--The number of people who reside within the territorial boundaries of or receive wholesale or retail wastewater service from the Applicant based upon data that is acceptable to the executive administrator and which includes the following:(A) acceptable demographic projections or other information in the engineering feasibility report or the latest official data from the U.S. Census Bureau for an incorporated city; or(B) information on the population for which the project is designed, where the Applicant is not an incorporated city or town.(56) Principal forgiveness--A type of additional subsidization authorized by 33 U.S.C. §1383(i) or federal appropriations acts, as detailed in the Intended Use Plan and principal forgiveness agreement or bond transcript applicable to the project.(57) Private Placement Memorandum (PPM)--A document functionally similar to an "official statement" used in connection with an offering of municipal securities in a private placement.(58) Project--The planning, acquisition, environmental review, design, construction, and other activities designed to accomplish the objectives, goals, and policies of the Act by providing assistance for projects and activities identified in 33 U.S.C. §1383(c), which may include those projects eligible for funding under §375.2 of this title.(59) Project engineer--The engineer retained by the Applicant to provide professional engineering services during any phase of a project.(60) Project information form (PIF)--The form that the executive administrator determines must be submitted by Applicants for rating and ranking in an IUP.(61) Project Priority List--A listing, found in the IUP, of projects eligible for funding, ranked according to their rating criteria score and that may be further prioritized as described in the applicable IUP.(62) Ready to proceed--A project for which available information indicates that there are no significant permitting, land acquisition, social, contractual, environmental, engineering, or financial issues that would keep the project from proceeding in a timely manner to the construction phase of a project.(63) Release of funds--The sequence and timing for Applicant's release of financial assistance funds from the escrow account to the construction account.(64) Small and Medium-Sized Publicly Owned Treatment Works--A Publicly Owned Treatment Work with a design flow equal to or less than 5 million gallons per day.(65) Small systems--Those systems that serve a population of not more than ten thousand individuals.(66) State--The State of Texas.(67) Subsidy--A reduction in the interest rate from the market interest rate.(68) Treatment works--Any devices and systems used in the storage, treatment, recycling, and reclamation of municipal sewage or industrial wastes of a liquid nature to implement 33 U.S.C. §1281, or necessary to recycle or reuse water at the most economical cost over the estimated life of the works, including intercepting sewers, outfall sewers, sewage collection systems, pumping, power, and other equipment, and their appurtenances; extensions, improvements, remodeling, additions, and alterations thereof; elements essential to provide a reliable recycled supply such as standby treatment units, clear well facilities and distribution facilities for recycled or reused water; and acquisition of the land that will be an integral part of the treatment process (including land use for the storage of treated wastewater in land treatment systems prior to land application) or will be used for ultimate disposal of residues resulting from such treatment and acquisition of other land, and interests in land, that are necessary for construction. The term also means any other method or system for preventing, abating, reducing, storing, treating, separating, or disposing of municipal waste, including storm water runoff, or industrial waste, including waste in combined storm water and sanitary sewer systems.(69) Utility Commission--The Public Utility Commission of Texas.(70) Water conservation plan--A plan that complies with the requirements of Texas Water Code Section 16.4021.(71) Water quality management plan--A plan prepared and updated annually by the State and approved by the Environmental Protection Agency that determines the nature, extent, and causes of water quality problems in various areas of the State and identifies cost-effective and locally acceptable facility and nonpoint measures to meet and maintain water quality standards. Source Note: The provisions of this §375.1 adopted to be effective September 8, 2010, 35 TexReg 8126; amended to be effective July 30, 2012, 37 TexReg 5615; amended to be effective September 11, 2014, 39 TexReg 7171; amended to be effective July 4, 2016, 41 TexReg 4853; amended to be effective June 10, 2020, 45 TexReg 3869; amended to be effective March 1, 2023, 48 TexReg 1144. 10 TEXAS WATER DEVELOPMENT BOARD 375 CLEAN WATER STATE REVOLVING FUND A GENERAL PROGRAM REQUIREMENTS §375.1 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178827&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178827 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178827&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178827 03/11/2026 The specific projects and activities eligible for assistance for a particular funding year will be established annually in the IUP based on the activities authorized by the Act, which allows the CWSRF to provide financial assistance:(1) to any municipality or intermunicipal, interstate, or State agency for construction of publicly owned treatment works (as defined in 33 U.S.C. §1292);(2) for the implementation of a management program established under 33 U.S.C. §1329;(3) for development and implementation of a conservation and management plan under 33 U.S.C. §1330;(4) for the construction, repair, or replacement of decentralized wastewater treatment systems that treat municipal wastewater or domestic sewage;(5) for measures to manage, reduce, treat, or recapture stormwater or subsurface drainage water;(6) to any municipality or intermunicipal, interstate, or State agency for measures to reduce the demand for publicly owned treatment works capacity through water conservation, efficiency, or reuse;(7) for the development and implementation of watershed projects meeting the criteria set forth in 33 U.S.C. §1274;(8) to any municipality or intermunicipal, interstate, or State agency for measures to reduce the energy consumption needs for publicly owned treatment works;(9) for reusing or recycling wastewater, stormwater, or subsurface drainage water;(10) for measures to increase the security of publicly owned treatment works; and(11) to any qualified nonprofit entity that has federal tax-exempt status to provide assistance to owners and operators of small and medium-sized publicly owned treatment works:(A) to plan, develop, and obtain financing for eligible projects, including planning, design, and associated preconstruction activities; and(B) to assist such treatment works in achieving compliance with the Act. Source Note: The provisions of this §375.2 adopted to be effective September 8, 2010, 35 TexReg 8126; amended to be effective January 9, 2012, 36 TexReg 9337; amended to be effective July 30, 2012, 37 TexReg 5615; amended to be effective July 4, 2016, 41 TexReg 4853. 10 TEXAS WATER DEVELOPMENT BOARD 375 CLEAN WATER STATE REVOLVING FUND A GENERAL PROGRAM REQUIREMENTS §375.2 Projects and Activities Eligible for Assistance https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178828&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178828 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178828&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178828 03/11/2026 (a) Davis-Bacon Act Prevailing Wage Provision. The Applicant must comply with the requirements of section 513 of that Act (33 U.S.C. §1372) in all procurement contracts and-sub-grants, and require that loan recipients, procurement contractors, and sub-grantees include such a term and condition in subcontracts and other lower tiered transactions. The Davis Bacon prevailing wage requirements, as provided in 40 U.S.C. §§3141 et seq. and the Department of Labor's implementing regulations, apply to any project for the construction of treatment works that are funded by the CWSRF.(b) National Environmental Policy Act-like environmental review. The National Environmental Policy Act provisions apply to all CWSRF assistance for the construction of treatment works. The requirements are specified in Subchapter E of this chapter.(c) Generally Accepted Accounting Principles. Assistance recipients must maintain project accounts according to Generally Accepted Accounting Principles as issued by the Governmental Accounting Standards Board, including standards relating to the reporting of infrastructure assets.(d) Cost and Effectiveness Analysis. A municipality or intermunicipal, interstate, or State agency that receives assistance from the CWSRF must certify that they have conducted a cost and effectiveness analysis. A cost and effectiveness analysis is an eligible cost under the CWSRF. The certification must be provided before CWSRF assistance is provided for final design or construction phase.(e) Architectural and Engineering Contracts. For equivalency projects only, a contract to be carried out using funds directly made available by a capitalization grant for program management, construction management, feasibility studies, preliminary engineering, design, engineering, surveying, mapping, or architectural related services must be negotiated in the same manner as a contract for architectural and engineering services is negotiated under 40 U.S.C. §§1101 et seq. This applies to new solicitations, significant contractual amendments, and contract renewals.(f) Fiscal Sustainability Plan. A recipient of a loan for a project that involves the repair, replacement, or expansion of a publicly owned treatment works must develop and implement a fiscal sustainability plan or certify that it has already developed and implemented a fiscal sustainability plan.(g) American Iron and Steel Requirements. All of the iron and steel products used in the construction, alteration, maintenance, or repair of treatment works must be produced in the United States, as provided in 33 U.S.C §1388.(h) Signage. Equivalency projects must comply with the EPA signage requirements implemented to enhance public awareness of CWSRF projects.(i) Other Federal Requirements. Other federal statutory, regulatory, executive order, and/or guidance and policy authority may apply. Federal requirements are further detailed in the IUP under which a project was funded. Source Note: The provisions of this §375.3 adopted to be effective July 4, 2016, 41 TexReg 4853. 10 TEXAS WATER DEVELOPMENT BOARD 375 CLEAN WATER STATE REVOLVING FUND A GENERAL PROGRAM REQUIREMENTS §375.3 Federal Requirements https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178829&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178829 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178829&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178829 03/11/2026 The executive administrator shall determine the type of financial assistance available to the Applicant based on the evaluation of the project information forms, the application, and the availability of funds in accordance with the types of assistance authorized in 33 U.S.C. §1383(d). Source Note: The provisions of this §375.10 adopted to be effective September 8, 2010, 35 TexReg 8126; amended to be effective July 4, 2016, 41 TexReg 4853. 10 TEXAS WATER DEVELOPMENT BOARD 375 CLEAN WATER STATE REVOLVING FUND B FINANCIAL ASSISTANCE §375.10 Types of Financial Assistance https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178830&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178830 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178830&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178830 03/11/2026 (a) The executive administrator may accept applications to refinance existing debt for eligible projects when sufficient funds are available. If refinancing funds are available, then the Applicant shall describe the need for the eligible project and provide other specific information detailed in the project information form or as otherwise requested by the executive administrator.(b) An application for refinancing of existing debt shall be the same as an application for financial assistance under this chapter. The executive administrator may consider an application for refinancing when:(1) the project meets all of the requirements under this chapter, including information evidencing that the environmental review, programmatic requirements, and engineering criteria required meets the criteria under law and this chapter for the same or similar projects; and(2) the federal tax regulations allow such refinancing. Source Note: The provisions of this §375.11 adopted to be effective September 8, 2010, 35 TexReg 8126; amended to be effective July 30, 2012, 37 TexReg 5615; amended to be effective September 11, 2014, 39 TexReg 7171; amended to be effective July 4, 2016, 41 TexReg 4853. 10 TEXAS WATER DEVELOPMENT BOARD 375 CLEAN WATER STATE REVOLVING FUND B FINANCIAL ASSISTANCE §375.11 Refinancing https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178831&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178831 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178831&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178831 03/11/2026 Applicants may request financial assistance for the planning, acquisition, and the design for a proposed project without a readiness to proceed determination. Source Note: The provisions of this §375.12 adopted to be effective September 8, 2010, 35 TexReg 8126; amended to be effective July 30, 2012, 37 TexReg 5615; amended to be effective July 4, 2016, 41 TexReg 4853. 10 TEXAS WATER DEVELOPMENT BOARD 375 CLEAN WATER STATE REVOLVING FUND B FINANCIAL ASSISTANCE §375.12 Financing of Planning, Acquisition, and Design Phases https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178832&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178832 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178832&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178832 03/11/2026 This type of financial assistance is available for the construction phase of an eligible project that is ready to proceed. Source Note: The provisions of this §375.13 adopted to be effective September 8, 2010, 35 TexReg 8126; amended to be effective July 4, 2016, 41 TexReg 4853. 10 TEXAS WATER DEVELOPMENT BOARD 375 CLEAN WATER STATE REVOLVING FUND B FINANCIAL ASSISTANCE §375.13 Construction Phase Funding https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178833&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178833 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178833&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178833 03/11/2026 This type of financial assistance is available for the planning, design, acquisition, and construction phases of a project. This option allows the commitment of construction funding where planning and design are not yet completed. This option is available only when the executive administrator recommends it to the Board based on a finding that the project is ready to proceed. Source Note: The provisions of this §375.14 adopted to be effective September 8, 2010, 35 TexReg 8126; amended to be effective July 30, 2012, 37 TexReg 5615; amended to be effective September 11, 2014, 39 TexReg 7171; amended to be effective July 4, 2016, 41 TexReg 4853. 10 TEXAS WATER DEVELOPMENT BOARD 375 CLEAN WATER STATE REVOLVING FUND B FINANCIAL ASSISTANCE §375.14 Pre-Design Funding Option https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194469&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 194469 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194469&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 194469 03/11/2026 (a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.(1) Average life--The number determined by dividing the sum of all payment periods by the total principal amount.(2) Borrower--Each eligible Applicant that has received a commitment from the Board.(3) Interest rate--The individual interest rate for each maturity in an amortized debt schedule as identified by the executive administrator under this chapter.(4) Market rate--The individual interest rate for each maturity in an amortized debt schedule payment that is the borrower's market cost of funds based on the MMD scale for the borrower as identified under subsection (c)(1) of this section.(5) MMD--Thomson Reuters Municipal Market Data Range of Yield Curve Scales.(6) Payment period--The number determined by multiplying the total principal amount due for an individual maturity as set forth in the debt instrument by the standard period for the debt instrument.(7) Standard period--The number identified by determining the number of days between the date of delivery of the funds to a borrower and the date of the maturity of a bond or loan payment pursuant to which the funds were provided calculated on the basis of a 360-day year composed of twelve 30-day periods and dividing that number by 360.(8) Term--For bonds, the length of time between when the bond is issued and the final maturity in the debt instrument; for loans, the period of time any principal is outstanding.(b) Procedure for setting fixed interest rates.(1) The executive administrator will set fixed interest rates as described in the IUP and further determined in this section, on a date that is:(A) no earlier than five business days prior to the adoption of the political subdivision's bond ordinance or resolution or the borrower's execution of a loan agreement; and(B) not more than 45 days before the anticipated closing of a commitment from the Board.(2) After 45 days from the assignment of the interest rate, rates may be extended only with the executive administrator's approval.(c) Fixed rates. The fixed interest rates for financial assistance under this chapter will be determined as provided in this subsection. The executive administrator will identify the market rate for the borrower, determine the amount of adjustment from the market interest rate scale appropriate for the borrower, apply the identified interest rate adjustment to the market rate for each year of the borrower's scale to determine the interest rate, and apply the interest rate to the proposed principal schedule, as more fully set forth in this subsection.(1) Identifying the market rate for eligible borrowers.(A) for borrowers that have a rating by a recognized bond rating entity and will not have bond insurance, the executive administrator will rely on the higher of the appropriate MMD scale for the current bond rating of the borrower or the appropriate MMD BAA scale; or(B) for borrowers with no rating by a recognized bond rating entity or for borrowers with a rating that is less than investment grade as determined by the executive administrator, the executive administrator will rely on the appropriate MMD BAA scale;(2) The fixed rate scale shall be established for each borrower using individual coupon rates for each maturity of proposed debt based on the appropriate scale.(3) The program is designed to provide borrowers with an interest rate reduction from the fixed rate scale applicable to the borrower based on a level debt service schedule, or if applicable, the reduction is set at the total basis points below the fixed rate scale for borrowers as derived under paragraph (4) of this subsection. Notwithstanding the foregoing, in no event shall the interest rate as determined under this section be less than zero.(4) For loans and bond commitments with an average life in excess of 16 years for a term of up to 20 annual maturities or years or an average life in excess of 20 years for a term of up to 30 annual maturities or years, (or a pro-rata calculation for terms between 20 and 30 annual maturities or years) and at the discretion of the Board for loans and bond commitments that have debt schedules that produce a total fixed lending rate reduction in excess of a standard loan or bond commitment structure (defined as a debt service schedule in which the first year or the maturity schedule is interest only followed by principal maturing on the basis of level debt service), the following procedures will be used to determine the total fixed lending rate reduction:(A) The interest rate component of level debt service will be determined by using the 15th year (19th year for 30-year terms) coupon rate of the appropriate scale of the MMD scales that corresponds to the 15th year (19th year for 30-year terms) of principal of the standard loan or bond commitment structure and that is measured 30 days from the date that the application is proposed to be presented to the Board for approval.(B) Level debt service will be calculated using the 15th year (19th year for 30-year terms) MMD Scale coupon rate as described in subparagraph (A) of this paragraph and the par amount of the loan or bond commitment according to a standard loan or bond commitment structure. For a loan or bond commitment that has been proposed for a term of years equal to a standard loan or bond commitment structure, the dates specified in the application shall be used for interest and principal calculation. For a loan or bond commitment that has been proposed for a term of years less than a standard loan or bond commitment structure or longer than a standard loan or bond commitment structure, level debt service will be calculated beginning with the dated date, will be based upon the principal and interest dates specified in the application, and will continue for the term of a standard loan or bond commitment structure.(C) A calculation will be made to determine how much a borrower's interest would be reduced if the loan or bond commitment had been made according to the total fixed lending rate reduction provided in paragraph (4) of this subsection and based upon the principal payments calculated in subparagraph (B) of this paragraph.(D) The Board will establish a total fixed lending rate reduction for the loan or bond commitment that will achieve the interest savings in subparagraph (C) of this paragraph based upon the principal schedule proposed by the borrower.(5) To determine the interest rate, the following procedures will apply:(A) Unless otherwise requested by the borrower under subparagraph (B) of this paragraph, the interest rate will be determined based on a debt service schedule that provides interest only to be paid in the first year of the debt service schedule and in which the remaining annual debt service payments are level, as determined by the executive administrator. The executive administrator will identify the appropriate MMD scale for the borrower and identify the market rate for the maturity due each year. The executive administrator will reduce that market rate of each year by the number of basis points applicable according to paragraph (2) of this subsection and thereby identify a proposed interest rate scale. The proposed interest rate scale will be applied to the proposed principal repayment schedule. If the resulting debt service schedule is level to the satisfaction of the executive administrator, then the proposed interest rate will be the interest rate for the commitment. If the resulting debt service schedule is not level to the satisfaction of the executive administrator, then the executive administrator may adjust the interest rate for any or all of the maturities to identify the interest rate that as closely as possible achieves the interest savings applicable.(B) A borrower may request a debt service schedule in which the annual debt service payments are not level through the term of the amortized debt schedule, as determined by the executive administrator. From the level debt service schedule, the executive administrator will determine the amount of the subsidy applicable to the debt service schedule provided. The executive administrator will then identify the interest rate that as closely as possible provides the borrower the identified subsidy amount for the principal schedule requested by the borrower.(d) Variable Rates. The interest rate for CWSRF variable rate debt under this chapter will be set at a rate equal to the actual interest cost paid by the Board on its outstanding variable rate debt plus the cost of maintaining the variable rate debt in the CWSRF. Variable rate debt is required to be converted to long-term fixed rate financing within 90 days of project completion unless an extension is approved in writing by the executive administrator. Within the time limits set forward in this subdivision, borrowers may request to convert to a long-term fixed rate at any time, upon notification to the executive administrator and submittal of a resolution requesting such conversion. The fixed lending rate will be calculated under the procedures and requirements of subsection (c) of this section.(e) Adjustments. The executive administrator may adjust a borrower's interest rate at any time prior to closing as a result of a change in the borrower's credit rating. Source Note: The provisions of this §375.15 adopted to be effective September 8, 2010, 35 TexReg 8126; amended to be effective January 9, 2012, 36 TexReg 9337; amended to be effective July 30, 2012, 37 TexReg 5615; amended to be effective July 4, 2016, 41 TexReg 4853; amended to be effective March 18, 2019, 44 TexReg 1445. 10 TEXAS WATER DEVELOPMENT BOARD 375 CLEAN WATER STATE REVOLVING FUND B FINANCIAL ASSISTANCE §375.15 Lending Rates https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199705&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199705 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199705&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199705 03/11/2026 (a) General. The Applicant will be assessed charges for the purpose of recovering administrative costs of all projects receiving CWSRF financial assistance. However, no fees or costs will be assessed on the portion of the project that receives principal forgiveness as detailed in the IUP.(b) Origination fee. An administrative fee not to exceed 1.75 percent of the project costs will be assessed as a one-time non-refundable charge. Project costs on which the fee will be assessed do not include the origination fee or those project costs that are funded through principal forgiveness. The fee is due and payable at the time of loan closing and may be financed as a part of the financial assistance. Source Note: The provisions of this §375.16 adopted to be effective September 8, 2010, 35 TexReg 8126; amended to be effective July 30, 2012, 37 TexReg 5615; amended to be effective July 4, 2016, 41 TexReg 4853; amended to be effective June 10, 2020, 45 TExReg 3869. 10 TEXAS WATER DEVELOPMENT BOARD 375 CLEAN WATER STATE REVOLVING FUND B FINANCIAL ASSISTANCE §375.16 Fees for Financial Assistance https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199706&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199706 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199706&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199706 03/11/2026 The Board may offer financial assistance in accordance with the Act and the IUP under which the project received funding. Source Note: The provisions of this §375.17 adopted to be effective September 8, 2010, 35 TexReg 8126; amended to be effective September 11, 2014, 39 TexReg 7171; amended to be effective July 4, 2016, 41 TexReg 4853; amended to be effective June 10, 2020, 45 TexReg 3869. 10 TEXAS WATER DEVELOPMENT BOARD 375 CLEAN WATER STATE REVOLVING FUND B FINANCIAL ASSISTANCE §375.17 Term of Financial Assistance https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194470&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 194470 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194470&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 194470 03/11/2026 (a) The Board may provide principal forgiveness for financial assistance in accordance with 33 U.S.C. §1383(i) or federal appropriations acts:(1) for an entity that meets the affordability criteria established in this chapter and in the IUP for a Disadvantaged Community;(2) to implement a process, material, technique, or technology:(A) to address water-efficiency goals;(B) to address energy-efficiency goals;(C) to mitigate stormwater runoff; and/or(D) to encourage sustainable project planning, design, and construction; or(3) for any other eligible activity as detailed in the Intended Use Plan.(b) Total amount of principal forgiveness. The total amount of principal forgiveness may not exceed the percentages established by federal law or by the capitalization grant. Source Note: The provisions of this §375.18 adopted to be effective September 8, 2010, 35 TexReg 8126; amended to be effective July 4, 2016, 41 TexReg 4853; amended to be effective March 18, 2019, 44 TexReg 1445. 10 TEXAS WATER DEVELOPMENT BOARD 375 CLEAN WATER STATE REVOLVING FUND B FINANCIAL ASSISTANCE §375.18 Principal Forgiveness https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178838&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178838 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178838&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178838 03/11/2026 (a) Financial guarantees. The Board will consider accepting surety bonds in lieu of required cash reserve deposits and insurance policies for political subdivision bonds. At the time of loan commitment and at loan closing, only those financial guarantors that have been approved by the Board are authorized to underwrite financial guarantee policies on political subdivision bonds approved by the Board.(b) Criteria for authorized list. The Board will maintain a list of authorized financial guarantors. In order to be considered for placement on the list, a guarantor must meet the following minimum criteria:(1) the financial guarantor must be a nationally-recognized provider of municipal bond insurance and must have a triple-A stable insurer financial strength rating with Standard & Poor's, Moody's Investors Service, Inc. and Fitch, Inc.; and(2) the financial guarantor must have a triple-A insurer financial enhancement rating with Standard & Poor's.(c) Review of policies. The executive administrator shall review all policies of insurance submitted by authorized financial guarantors and may reject any policy of insurance or surety bond that does not protect the interests of the Board's financial program or that subrogates the Board's rights.(d) Removal from authorized list. The executive administrator may remove a financial guarantor from the authorized list at any time that a change in status would cause the financial guarantor to fail to meet the minimum criteria. Source Note: The provisions of this §375.19 adopted to be effective September 8, 2010, 35 TexReg 8126; amended to be effective July 30, 2012, 37 TexReg 5615; amended to be effective July 4, 2016, 41 TexReg 4853. 10 TEXAS WATER DEVELOPMENT BOARD 375 CLEAN WATER STATE REVOLVING FUND B FINANCIAL ASSISTANCE §375.19 Financial Guarantees for Political Subdivision Bonds https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178839&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178839 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178839&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178839 03/11/2026 (a) Eligible Applicants may submit a project information form for rating and ranking on the applicable IUP. To be included in the IUP and on the initial Project Priority List, Applicants must submit a complete and accurate project information form by the date included in the notice. As further detailed in the applicable IUP, applicants may also submit a project information form after the date included on the notice for a project to be considered for inclusion on an amended Project Priority List published after the initial IUP has been approved. The required information that must be in a project information form will be specified in Board guidance and will include, but will not be limited to, the following:(1) a detailed description of the proposed project;(2) a county map(s) showing the location of the service area;(3) an estimated total project cost which:(A) for an estimated financial assistance amount greater than $100,000, the project information form shall be sealed by a registered professional engineer; or(B) for an estimated financial assistance amount less than $100,000, the project information form shall be accompanied by a statement signed by the system operator establishing the basis for the estimate;(4) an estimated project schedule;(5) the population currently served by the Applicant;(6) the status of the Applicant's water conservation plan;(7) signature of the Applicant's authorized representative; and(8) additional information, as detailed within the solicitation for project information forms, needed to establish the priority rating score.(b) The Applicant's failure to submit all of the information requested may result in a failure to include the project in the IUP. Source Note: The provisions of this §375.30 adopted to be effective September 8, 2010, 35 TexReg 8126; amended to be effective July 4, 2016, 41 TexReg 4853. 10 TEXAS WATER DEVELOPMENT BOARD 375 CLEAN WATER STATE REVOLVING FUND C INTENDED USE PLAN §375.30 Submission of Project Information Forms https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199707&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199707 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199707&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199707 03/11/2026 (a) Projects in an IUP will be rated based upon the information, and any supporting documentation, submitted by the Applicant on the project information form.(b) Rating criteria. For projects authorized under 33 U.S.C. §1383(c)(1) (§212 projects) involving the construction or improvements to publicly owned treatment works the following factors will be considered:(1) Impacts to water quality--Projects that protect stream segments and groundwater from pollution.(2) Unserved areas--Projects that will bring individual systems into a centralized system or projects that address on-site systems.(3) Regionalization of treatment works--Projects that will consolidate and eliminate systems.(4) Reduction or prevention--Projects that will reduce or prevent sewer system overflows and inflow and infiltration.(5) Eligibility as a Disadvantaged Community--Projects located in disadvantaged communities, as defined in Subchapter A of this chapter.(6) Enforcement action--Corrective actions imposed by judicial authority or the Commission.(7) Innovative or alternative technology or approaches--Projects that involve innovative or alternative technology or approaches, such as providing for the reclaiming and reuse of water, otherwise eliminate the discharge of pollutants, and utilize recycling techniques, land treatment, new or improved methods of waste treatment management for municipal and industrial waste (discharged into municipal systems) and the confined disposal of pollutants, so that pollutants will not migrate to cause water or other environmental pollution.(8) Effective Management--Whether an entity has adopted or plans to prepare an Asset Management Plan and provide training to the Applicant's governing body and employees, whether the project addresses water conservation and energy efficiency, and whether the project implements a state or regional water plan.(9) Reduction in Demand--Whether a majority of the funds being requested from the CWSRF for the project will be used to implement measures to reduce the demand for publicly owned treatment works capacity through water conservation, efficiency, or reuse.(10) Non-profits--If the Applicant is a qualified nonprofit entity that has federal tax-exempt status, whether a majority of the funds being requested from the CWSRF for the project will be used to implement assistance to owners and operators of small and medium publicly owned treatment works to either:(A) plan, develop, and obtain financing for eligible CWSRF projects, including planning, design, and associated preconstruction activities; or(B) assist such treatment works in achieving compliance with the Act.(11) Additional factors as designated within the applicable IUP.(c) Previously funded projects. Planning, acquisition, or design projects, completed within three years from the closing of the financial assistance will receive a priority for construction phase funding if there are no significant changes that affect the original project rating and the project is ready to proceed.(d) For projects authorized under 33 U.S.C. §1383(c)(2) (§319 projects) involving nonpoint source and projects authorized under 33 U.S.C. §1383(c)(3) (§320 projects) involving estuary management, the following factors will be considered:(1) Public health--Ability to improve conditions that a public health official has determined are a nuisance and are dangerous to public health and safety and that may result from water supply and sanitation problems in the area to be served by the proposed project.(2) Groundwater--Minimization of impact of pollutants to an aquifer or groundwater.(3) Impaired water body--Ability to improve conditions in any water body that does not meet applicable water quality standards or is threatened for one or more designated uses by one or more pollutants.(4) Eligibility as a Disadvantaged Community--Projects located in disadvantaged communities, as defined in Subchapter A of this chapter.(5) Additional factors as designated within the applicable IUP.(e) For all projects authorized under 33 U.S.C. §1383(c) that are made eligible in the Intended Use Plan:(1) Whether a majority of the funds being requested from the CWSRF for the project will be used to implement innovative approaches to manage, reduce, treat, or recapture stormwater or subsurface drainage water.(2) Whether a majority of the funds being requested from the CWSRF for the project will be used to implement reuse or recycling wastewater, stormwater, or subsurface drainage water.(f) Emergency relief. Projects that are affected by disasters and according to the following requirements:(1) The Applicant must demonstrate that a need for emergency relief from an imminent threat to public health, safety, environment, or welfare exists. The Applicant must describe the nature of the threat and provide a complete description of the proposed emergency relief project.(2) The Board may authorize funding for the emergency relief project that meets the requirements of this title or as described in an IUP Source Note: The provisions of this §375.31 adopted to be effective September 8, 2010, 35 TexReg 8126; amended to be effective July 30, 2012, 37 TexReg 5615; amended to be effective July 4, 2016, 41 TexReg 4853; amended to be effective June 10, 2020, 45 TexReg 3869. 10 TEXAS WATER DEVELOPMENT BOARD 375 CLEAN WATER STATE REVOLVING FUND C INTENDED USE PLAN §375.31 Rating Process https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178841&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178841 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178841&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178841 03/11/2026 (a) In accordance with the Act, the executive administrator shall hold public hearings and allow a period for public review and comment before the Board considers the adoption and approval of the IUP and the Project Priority List.(b) For any substantive amendments thereto, the executive administrator shall hold a public hearing and allow a period of public review and comment in accordance with the Act. The executive administrator may add projects to the Project Priority List after a 14-day public comment period without any public hearing. Source Note: The provisions of this §375.32 adopted to be effective September 8, 2010, 35 TexReg 8126; amended to be effective July 30, 2012, 37 TexReg 5615; amended to be effective July 4, 2016, 41 TexReg 4853. 10 TEXAS WATER DEVELOPMENT BOARD 375 CLEAN WATER STATE REVOLVING FUND C INTENDED USE PLAN §375.32 Public Notice https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178842&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178842 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178842&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178842 03/11/2026 (a) Amount of available funds. Annually, the executive administrator will determine the amount of funds available for wastewater system improvements and other projects for the fiscal year.(b) Principal forgiveness limits. The total amount of principal forgiveness in any fiscal year may not exceed the percentages established by federal law or by the capitalization grant.(c) Small systems. Projects with identical combined rating scores, including rating scores of zero, will be listed in order of population. Projects serving fewer people will be listed above those projects serving a larger population.(1) To the extent that eligible Applicants are available, a minimum of 15 percent of the funds will be made available to small systems.(2) If small system projects on the Invited Projects List are less than 15 percent of the funds, then the executive administrator may bypass projects for systems serving larger populations to ensure inclusion of small system projects for at least 15 percent of available funds.(d) Project Priority List. Available program funds will be applied to the list of projects designated to receive funding. The methods used for ranking include:(1) Project costs. Project costs will be determined by cost estimates contained in the project information form if the executive administrator deems those costs reasonable and acceptable; the costs will also be reflected in the applicable IUP.(2) Tie-breakers. If two or more projects receive the same rating, then the executive administrator will use the tie-breaker procedures described in the applicable IUP.(3) Bypass procedure. The executive administrator may bypass higher rated and ranked projects if:(A) an incomplete application is submitted as described in §375.41 of this title (relating to Timeliness of Application and Required Application Information); or(B) a bypass is necessary to fund certain types of projects as detailed in the applicable IUP or as required by capitalization grant conditions.(e) Projects submitted for financing will be screened for eligibility, scored, ranked, and listed on a Project Priority List. Applicants with projects on the Initial Invited Projects List will be invited to submit applications in accordance with the procedures and deadlines as detailed in the IUP. The project selection is subject to subsections (a) - (d) of this section. The Project Priority List will be reviewed periodically and additional invitations will be extended until all of the annual CWSRF funding amount is committed.(f) Utilization of remaining funds. If there are insufficient applications for financial assistance to obligate available funds for the funding year, then the executive administrator shall utilize the remaining funds during the next funding year or at any time in combination with other Board financial assistance programs.(g) Fund shortages. When the amount of funds required to fund all complete applications for financial assistance exceeds the amount of funds available in the funding year, a shortage of funds exists. In such an instance, the Board will fund Applicants until all funds have been utilized. The Board shall fund projects prioritized by the date and time of receipt of a complete application and the project's ability to proceed to commitment. Source Note: The provisions of this §375.33 adopted to be effective September 8, 2010, 35 TexReg 8126; amended to be effective July 30, 2012, 37 TexReg 5615; amended to be effective July 4, 2016, 41 TexReg 4853. 10 TEXAS WATER DEVELOPMENT BOARD 375 CLEAN WATER STATE REVOLVING FUND C INTENDED USE PLAN §375.33 Criteria and Methods for Distribution of Funds https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178843&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178843 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178843&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178843 03/11/2026 Subsequent to adoption of an IUP, the Applicant for a proposed project listed within the Project Priority List may be allowed certain changes without requiring a re-ranking in the following circumstances:(1) the Applicant for a proposed project changes but the project does not change;(2) the number of participants in a regional project changes and the change does not result in a change to the rating; or(3) the fundable amount of a proposed project does not increase by more than 10 percent of the amount listed in the approved IUP. The executive administrator may waive the 10 percent limit to incorporate additional elements or increased project costs; however, any principal forgiveness awarded may not exceed the original IUP amounts allocation. Source Note: The provisions of this §375.34 adopted to be effective July 30, 2012, 37 TexReg 5615; amended to be effective September 11, 2014, 39 TexReg 7171; amended to be effective July 4, 2016, 41 TexReg 4853. 10 TEXAS WATER DEVELOPMENT BOARD 375 CLEAN WATER STATE REVOLVING FUND C INTENDED USE PLAN §375.34 Changes to Project https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178844&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178844 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178844&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178844 03/11/2026 The Applicant must schedule an appointment and participate in a pre-application conference to be held in person or by teleconference to discuss the eligibility of the project and of the Applicant for financial assistance; the general, engineering, environmental, fiscal, and legal requirements of an application; and to assist the Applicant in completing an application. The following individuals should participate in the conference: a member of the governing body of the Applicant; the consulting engineer; and the financial advisor. Source Note: The provisions of this §375.40 adopted to be effective September 8, 2010, 35 TexReg 8126; amended to be effective July 30, 2012, 37 TexReg 5615; amended to be effective July 4, 2016, 41 TexReg 4853. 10 TEXAS WATER DEVELOPMENT BOARD 375 CLEAN WATER STATE REVOLVING FUND D APPLICATION FOR ASSISTANCE §375.40 Pre-Application Conferences https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203460&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 203460 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203460&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 203460 03/11/2026 (a) Time to submit applications. Applications and required additional data or information, must be submitted by the deadlines established by the executive administrator. Failure to timely submit the application, the information necessary to complete the application or additional requested information will result in the bypass of the project.(b) Required application information. For eligible public Applicants, an application shall be in the form and number of copies prescribed by the executive administrator and, in addition to any other information that may be required by the executive administrator or the Board, the Applicant shall provide the following documentation:(1) a resolution from its governing body that shall:(A) request financial assistance, identifying the amount of requested assistance;(B) designate the authorized representative to act on behalf of the governing body; and(C) authorize the representative to execute the application, appear before the Board on behalf of the Applicant, and submit such other documentation as may be required by the executive administrator;(2) a notarized affidavit from the authorized representative stating that:(A) the decision to request financial assistance from the Board was made in a public meeting held in accordance with the Open Meetings Act (Texas Government Code, Chapter 551) and after providing all such notice as is required by the Open Meetings Act or, for a corporation, that the decision to request financial assistance from the Board was made in a meeting open to all customers after providing all customers written notice at least 72 hours prior to such meeting;(B) the information submitted in the application is true and correct according to best knowledge and belief of the representative;(C) the Applicant has no outstanding judgments, orders, fines, penalties, taxes, assessment, or other enforcement or compliance issues of any kind or nature by EPA, the Commission, Texas Comptroller of Public Accounts, the Utility Commission, Texas Office of the Secretary of State, or any other federal, state, or local government, that would materially affect the Applicant's ability to repay its debt, or identifying such judgments, orders, fines, penalties, taxes, assessment, or other enforcement or compliance issue as may be outstanding for the Applicant;(D) the Applicant warrants compliance with the representations made in the application in the event that the Board provides the financial assistance;(E) the Applicant is, or will become, in compliance with all of its material contracts; and(F) the Applicant is, and will remain during the term of any financial assistance received from the board, in compliance with all applicable federal laws, rules, and regulations as well as the laws of this State and the rules and regulations of the Board;(3) copies of the following project documents:(A) any draft or executed contracts for consulting services to be used by the Applicant in applying for financial assistance or constructing the proposed project, including but not limited to, financial advisor, engineer, and bond counsel; and(B) contracts for engineering services should include the scope of services, level of effort, costs, project schedules, and other information necessary for adequate review by the executive administrator. A project schedule shall be provided with the contract; the schedule must provide firm timelines for the completion of each phase of a project and note the milestones within the phase of the project;(4) a citation to the specific legal authority in the Texas Constitution and statutes under which the Applicant is authorized to provide the service for which the Applicant is receiving financial assistance as well as the legal documentation identifying and establishing the legal existence of the Applicant;(5) if the Applicant provides or will provide wastewater service to another service provider, or receives such service from another service provider, the proposed agreement, contract, or other documentation which legally establishes such service relationship, with the final and binding agreements provided prior to closing;(6) documentation of the ownership interest, with supporting legal documentation, for the property on which the proposed project shall be located, or if the property is to be acquired, certification that the Applicant has the necessary legal power and authority to acquire the property;(7) if financing of the project will require a contractual loan agreement or the sale of bonds to the Board payable either wholly or in part from revenues of contracts with others, a copy of any actual or proposed contracts, for a duration specified by the executive administrator, under which the Applicant's gross income is expected to accrue. Before the financial assistance is closed, an Applicant shall submit executed copies of such contracts to the executive administrator;(8) if the bonds to be sold to the Board are revenue bonds secured by a subordinate lien, a copy of the authorizing instrument of the governing body for all prior and outstanding bonds shall be furnished;(9) if a bond election is required by law to authorize the issuance of bonds to finance the project, the executive administrator may require Applicant to provide the election date and election results necessary for the issuance of the bonds as part of the application or prior to closing;(10) an audit of the Applicant for the preceding year prepared in accordance with generally accepted auditing standards by a certified public accountant or licensed public accountant, unless an alternative method of establishing a reliable accounting of the financial records of the Applicant is approved by the executive administrator; and(11) a listing of all the funds used for the project, including funds already expended from sources other than financial assistance offered from the Board, such as from participating local government entities or prior-issued debt.(12) Preliminary Engineering Feasibility Report signed and sealed by a professional engineer registered in the State of Texas. The report, based on guidelines provided by the executive administrator, must provide:(A) a description and purpose of the project;(B) the entities to be served and current and future population;(C) the cost of the project;(D) a description of alternatives considered and reasons for the selection of the project proposed;(E) sufficient information to evaluate the engineering feasibility of the project;(F) maps and drawings as necessary to locate and describe the project area; and(G) any other information the executive administrator determines is necessary to evaluate the project.(c) For eligible private Applicants, an application shall be in the form and number of copies prescribed by the executive administrator, and, in addition to any other information that may be required by the executive administrator or the Board, such Applicant shall provide: Source Note: The provisions of this §375.41 adopted to be effective September 8, 2010, 35 TexReg 8126; amended to be effective April 28, 2011, 36 TexReg 2611; amended to be effective July 30, 2012, 37 TexReg 5615; amended to be effective July 4, 2016, 41 TexReg 4853; amended to be effective June 10, 2020, 45 TexReg 3869; amended to be effective February 3, 2021, 46 TexReg 836. 10 TEXAS WATER DEVELOPMENT BOARD 375 CLEAN WATER STATE REVOLVING FUND D APPLICATION FOR ASSISTANCE §375.41 Timeliness of Application and Required Application Information https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178846&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178846 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178846&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178846 03/11/2026 (a) Review of applications. The executive administrator will review the application to ensure that sufficient information has been provided to support the eligibility of the Applicant and the project. The executive administrator may request that the information or data for any portion of the application be modified or supplemented.(b) Submittal of requested information. If the Applicant fails to submit information or data requested within the established time period, then the executive administrator may notify the Applicant that the application is incomplete and will be bypassed.(c) If an applicant does not proceed through the application process and obtain a commitment within the application timeframes established within the applicable IUP, the principal forgiveness may be re-allocated to another eligible project. An extension of time for obtaining a commitment may be granted at the discretion of the executive administrator. Source Note: The provisions of this §375.42 adopted to be effective September 8, 2010, 35 TexReg 8126; amended to be effective April 28, 2011, 36 TexReg 2611; amended to be effective July 4, 2016, 41 TexReg 4853. 10 TEXAS WATER DEVELOPMENT BOARD 375 CLEAN WATER STATE REVOLVING FUND D APPLICATION FOR ASSISTANCE §375.42 Review of Applications https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199709&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199709 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199709&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199709 03/11/2026 (a) Water Conservation Plan. An Applicant shall submit a water conservation plan prepared in accordance with Texas Water Code Section 16.4021.(b) Water Loss Audit. An Applicant that is a retail public utility that provides potable water shall submit its most recent water loss audit in accordance with §358.6 of this title (relating to Water Loss Audits), unless it has previously been submitted.(c) If an Applicant that is a retail public utility providing potable water has a water loss that meets or exceeds the threshold for that utility in accordance with §358.6 of this title, the retail public utility must use a portion of any new financial assistance, or any other financial assistance provided by the Board, for project costs that are eligible under the Act and the applicable IUP to mitigate the utility's water loss. However, at the request of a retail public utility, the Board may waive this requirement in accordance with §358.6 of this title. Source Note: The provisions of this §375.43 adopted to be effective September 8, 2010, 35 TexReg 8126; amended to be effective February 15, 2012, 37 TexReg 710; amended to be effective July 4, 2016, 41 TexReg 4853; amended to be effective June 10, 2020, 45 TexReg 3869. 10 TEXAS WATER DEVELOPMENT BOARD 375 CLEAN WATER STATE REVOLVING FUND D APPLICATION FOR ASSISTANCE §375.43 Required Water Conservation Plan and Water Loss Audit https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178848&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178848 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178848&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178848 03/11/2026 (a) Presentation to Board. The Board must consider each application at a public meeting. The executive administrator will notify the Applicant when the Board's consideration of the application is scheduled for a public meeting.(b) Action by Board. After considering the executive administrator's recommendation and comments from the Applicant and other interested persons, the Board may:(1) resolve to approve an application only when it finds that the revenue or taxes or both revenue and taxes pledged by the Applicant will be sufficient to meet all obligations that will be assumed by the Applicant;(2) resolve to disapprove or amend the proposed conditions for the financial assistance;(3) request additional information related to the eligibility of the Applicant or the project or withdraw the application for consideration at another time; and(4) approve an application for pre-design funding despite a negative recommendation from the executive administrator.(c) Board's resolution. The Board's approval of an application and award of a commitment is recorded through the issuance of a resolution.(d) Expiration of Board commitment. The Board's commitment for financial assistance expires on the date noted in the commitment, as delineated in the IUP applicable to the project.(e) Extension of expiration date. Upon good cause shown or upon a showing that an event of force majeure, as defined in this chapter, caused the Applicant's failure to timely close the commitment, then an extension of the expiration date may be granted at the discretion of the Board.(1) The Applicant must submit a written request, at least 45 days prior to the expiration date, except in the event of force majeure, as defined in this chapter, that contains an explanation of the need for the extension and a request for a specific date for closing.(2) The Board may, but is not required to, approve the request for an extension of time and may allow a longer extension as appropriate to the circumstances in the event of force majeure. Source Note: The provisions of this §375.44 adopted to be effective September 8, 2010, 35 TexReg 8126; amended to be effective July 30, 2012, 37 TexReg 5615; amended to be effective July 4, 2016, 41 TexReg 4853. 10 TEXAS WATER DEVELOPMENT BOARD 375 CLEAN WATER STATE REVOLVING FUND D APPLICATION FOR ASSISTANCE §375.44 Board Approval of Funding https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199710&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199710 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199710&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199710 03/11/2026 (a) Commitment periods may be set for a period of up to five years. The minimum interest rate reduction for multi-year commitments will be established for the five-year period based on the interest rate reduction prescribed in the IUP for the first year's commitment.(b) This option is only available for projects as described in the IUP.(c) Any entity receiving a multi-year commitment must annually re-confirm its anticipated funding commitments established with the initial commitment. Source Note: The provisions of this §375.45 adopted to be effective July 4, 2016, 41 TexReg 4853; amended to be effective June 10, 2020, 45 TexReg 3869. 10 TEXAS WATER DEVELOPMENT BOARD 375 CLEAN WATER STATE REVOLVING FUND D APPLICATION FOR ASSISTANCE §375.45 Multi-year Commitments https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199711&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199711 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199711&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199711 03/11/2026 Unless specifically defined differently within this subchapter, the following terms and acronyms, used in this subchapter, mean:(1) Affected community--A community potentially impacted by the proposed project.(2) Categorical Exclusion (CE)--An environmental finding issued by the Board for projects that would not individually or cumulatively have a significant adverse effect on the human environment and for which, therefore, the Applicant is not required to prepare an Environmental Information Document or an Environmental Impact Statement.(3) Emergency Relief Project--An infrastructure construction project that provides relief to an entity experiencing an emergency condition or incident that causes an imminent peril to public health, safety, environment, or welfare, including natural disasters and any other emergency condition as described in an IUP.(4) Environmental Assessment--A public document prepared by the executive administrator for projects that may result in adverse environmental impacts where the significance of those impacts is not known. The Environmental Assessment, based primarily on the Environmental Information Document, must provide sufficient evidence and analysis to determine whether to prepare a Finding of No Significant Impact or an Environmental Impact Statement.(5) Environmental Impact Statement (EIS)--A detailed written statement prepared by a third-party contractor, in close coordination with the executive administrator, that analyzes environmental impacts of project alternatives for projects with significant adverse impacts on the quality of the human environment. An EIS is required for projects that do not qualify for a Finding of No Significant Impact. An EIS provides the most comprehensive and detailed information about potential environmental impacts and mitigation required to comply with the NEPA. It is the basis for the Record of Decision issued by the Board.(6) Environmental Information Document (EID)--A written analysis prepared by the Applicant that provides sufficient information, including appropriate regulatory agency correspondence and public participation documentation, for the executive administrator to undertake an environmental review and determine if the project qualifies for a Finding of No Significant Impact or if an Environmental Impact Statement will be required. An EID is not always necessary to determine if the project will require preparation of an EIS.(7) Federal Environmental Cross-cutters--Federal environmental statutes, laws and Executive Orders that apply to projects and activities with a federal nexus, including the receipt of federal financial assistance.(8) Finding of No Significant Impact (FONSI)--An environmental finding issued by the Board when the environmental assessment prepared for the project supports the determination that the project will not have a significant adverse effect on the human environment and therefore, does not require the preparation of an environmental impact statement.(9) Human environment--The natural and physical environment and the relationship of people with that environment.(10) Indian tribes--Federally recognized Indian tribes.(11) Mitigation--(A) avoiding the impact altogether by not taking a certain action or parts of an action;(B) minimizing the impact by limiting the degree or magnitude of the action and its implementation;(C) rectifying the impact by repairing, rehabilitating, or restoring the affected environment;(D) reducing or eliminating the impact over time by preservation and maintenance operations during the life of the project; and(E) compensating for the impact by replacing or providing substitute resources or environments.(12) NEPA--The Federal National Environmental Policy Act, 42 U.S.C. § 4321 et seq.(13) Record of Decision (ROD)--An environmental finding issued by the Board that identifies the selected project alternative, presents the basis for the decision, identifies all the alternatives considered, specifies the environmentally preferable alternative, and provides information on the adopted means to mitigate for environmental impacts. The ROD is based on the conclusions of the EIS.(14) Statement of Finding (SOF)--An environmental finding issued by the Board to correct, clarify, modify, or adopt a previous environmental finding issued by the Board or other agency. Source Note: The provisions of this §375.60 adopted to be effective September 8, 2010, 35 TexReg 8126; amended to be effective July 30, 2012, 37 TexReg 5615; amended to be effective July 4, 2016, 41 TexReg 4853; amended to be effective June 10, 2020, 45 TexReg 3869. 10 TEXAS WATER DEVELOPMENT BOARD 375 CLEAN WATER STATE REVOLVING FUND E ENVIRONMENTAL REVIEWS AND DETERMINATIONS §375.60 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178851&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178851 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178851&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178851 03/11/2026 (a) Policy and purpose. This subchapter governs the environmental review of projects funded in whole or in part by the CWSRF. Environmental review of all proposed infrastructure projects is a condition of the use of CWSRF financial assistance and is subject to annual audits by the EPA. This subchapter follows the procedures established by the EPA for implementing the National Environmental Policy Act set forth at 40 CFR Part 6. The environmental review is subject to public comment. The Applicant, at all times throughout the design, construction, and operation of the project, shall comply with the findings resulting from the environmental review.(b) Timing. The environmental review process is a component of the planning phase and must be completed prior to the executive administrator's approval of the Applicant's engineering feasibility report.(c) Types of environmental findings. At the culmination of the environmental review process described in this subchapter, the Board will issue one of the following findings:(1) a Categorical Exclusion:(A) based on review of information submitted by the Applicant; and(B) the eligibility criteria described in §375.62 of this subchapter.(2) a Finding of No Significant Impact:(A) based on review of the Applicant's Environmental Information Document; and(B) the executive administrator's Environmental Assessment;(3) a Record of Decision: based on review of the Environmental Impact Statement prepared by the Applicant's third party contractor; or(4) a Statement of Findings:(A) based on review of a previous environmental finding for the proposed project;(B) based on review of proposed project modifications for consistency with a previous environmental finding; and/or(C) to correct, clarify, or modify an environmental finding.(d) General review by the executive administrator.(1) The executive administrator shall ensure that an inter-disciplinary, inter-agency, and public review is conducted consistent with the NEPA. The purpose of this review is to ensure that the proposed project will comply with the applicable local, state, and federal laws and regulations relating to the identification of potential environmental impacts of a proposed project and the necessary steps required to mitigate such impacts. The scope of the environmental review will depend upon the type of proposed action, the reasonable alternatives, and the type of environmental impacts.(2) For all environmental findings that are five years old or older, and for which the proposed infrastructure project has not yet been implemented, the executive administrator must re-evaluate the proposed financial assistance application as well as the environmental conditions and public comment to determine whether to conduct a supplemental environmental review in compliance with the NEPA, or to reaffirm the original finding. If there has been substantial change in the proposed infrastructure project that is relevant to environmental concerns, or if there are significant new circumstances, changes in federal environmental cross-cutter requirements that affect the environmental finding, or information relevant to environmental concerns, the executive administrator must conduct a supplemental environmental review and complete an appropriate finding in compliance with the NEPA. The executive administrator may consider environmental findings issued by other entities.(e) Equivalency projects. The Board will inform EPA when consultation or coordination by EPA with other federal agencies is necessary to resolve issues regarding compliance with applicable federal authorities. Source Note: The provisions of this §375.61 adopted to be effective September 8, 2010, 35 TexReg 8126; amended to be effective July 30, 2012, 37 TexReg 5615; amended to be effective July 4, 2016, 41 TexReg 4853. 10 TEXAS WATER DEVELOPMENT BOARD 375 CLEAN WATER STATE REVOLVING FUND E ENVIRONMENTAL REVIEWS AND DETERMINATIONS §375.61 Environmental Review Process https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178852&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178852 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178852&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178852 03/11/2026 (a) A proposed project can be categorically excluded from a full environmental review if the proposed project:(1) fits within the category of action that is eligible for exclusion, as listed in subsection (b) of this section;(2) will not result in significant impacts on the quality of the human environment; and(3) does not involve extraordinary circumstances, as listed in subsection (d)(1) - (9) of this section.(b) Projects that may be eligible for a categorical exclusion include the following actions on existing systems:(1) those that involve upgrades that are minor;(2) minor expansion of system capacity;(3) the rehabilitation, including functional replacement of the existing system and system components; and(4) the construction of new minor ancillary facilities located adjacent to or on the same property as existing facilities.(c) Projects not eligible for a CE include:(1) projects that would otherwise be eligible for a CE but due to extraordinary circumstances, as listed in subsection (d)(1) - (9) of this section, are not eligible for a CE;(2) projects that involve new or relocated discharges to surface or ground water;(3) projects that will likely result in the substantial increase in the volume or the loading of a pollutant to the receiving water;(4) projects that will provide capacity to serve a population 30 percent greater than the existing population;(5) projects that are not supported by the state, or other regional growth plan or strategy; and(6) projects that directly or indirectly involve or relate to upgrading or extending infrastructure systems primarily for the purposes of future development.(d) Extraordinary circumstances may become known at any time during the planning, design, or construction of a project and may cause the project to be ineligible for a CE. Extraordinary circumstances include, but are not limited to, the following known or expected impacts:(1) potentially significant environmental impacts on the quality of the human environment either individually or cumulatively over time;(2) disproportionally high and adverse human health or environmental effects on any community, including minority communities, low-income communities, or federally-recognized Indian tribal communities;(3) a significant effect on federal or state-listed threatened or endangered species or their critical habitat;(4) a significant effect on national or state natural landmarks or property with nationally significant or state historic, architectural, prehistoric, archeological, or cultural value;(5) a significant effect on environmentally important natural resource areas such as wetlands, floodplains, significant agricultural lands, aquifer recharge zones, coastal zones, barrier islands, wild and scenic rivers, and significant fish or wildlife habitat;(6) a significant adverse air quality effect;(7) a significant effect on the pattern and type of land use or growth and distribution of population including altering the character of existing residential areas, or may not be consistent with state or local government, or federally-recognized Indian tribe approved land use plans or federal land management plans;(8) significant public controversy about a potential environmental impact of the proposed project; and(9) conflict with federal, state, or local government, or federally-recognized Indian tribe environmental, resource-protection, or land-use laws or regulations.(e) Upon the discovery of extraordinary circumstances, the executive administrator may deny a CE or rescind an existing CE.(f) The executive administrator shall review the information submitted by the Applicant and may request additional information as needed to complete the finding regarding the eligibility of a proposed project for a categorical exclusion.(g) The Board's finding relating to a CE shall be subject to public notice, which shall be published either in a newspaper of general circulation in the county or counties of the affected community or on the agency's website and referenced in a public notice in a newspaper of general circulation in the county or counties of the affected community. Source Note: The provisions of this §375.62 adopted to be effective September 8, 2010, 35 TexReg 8126; amended to be effective January 9, 2012, 36 TexReg 9337; amended to be effective July 7, 2015, 40 TexReg 4363; amended to be effective July 4, 2016, 41 TexReg 4853. 10 TEXAS WATER DEVELOPMENT BOARD 375 CLEAN WATER STATE REVOLVING FUND E ENVIRONMENTAL REVIEWS AND DETERMINATIONS §375.62 Board's Environmental Finding: Categorical Exclusions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178853&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178853 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178853&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178853 03/11/2026 (a) Projects that qualify to be categorically excluded from a full environmental review fit into a category of actions, identified by the EPA, that do not individually or cumulatively have a significant effect on the human environment and do not involve extraordinary circumstances. This determination is based upon the criteria established in §375.62 of this subchapter (relating to Board's Environmental Finding: Categorical Exclusions).(b) An Applicant shall submit sufficient information to demonstrate why the project is eligible for a CE including, but not limited to the following documentation:(1) a brief but complete description of the project;(2) plan maps or maps of the project depicting the location of all construction areas, the planning area boundaries, and any known environmentally important natural areas;(3) information regarding the eligibility of the project for a CE under the criteria listed in §375.62 of this subchapter;(4) any information that may be helpful to determine whether any extraordinary circumstances, as listed in §375.62 of this subchapter, apply to the project; and(5) any information that may be helpful to determine if mitigation measures are required to ensure the project will not individually or cumulatively have a significant adverse impact on the human environment. This includes, but is not limited to, coordination with applicable regulatory agencies regarding resources within their jurisdiction that may be adversely impacted by the project. Source Note: The provisions of this §375.63 adopted to be effective July 4, 2016, 41 TexReg 4853. 10 TEXAS WATER DEVELOPMENT BOARD 375 CLEAN WATER STATE REVOLVING FUND E ENVIRONMENTAL REVIEWS AND DETERMINATIONS §375.63 Applicant Requirements: Categorical Exclusions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178854&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178854 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178854&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178854 03/11/2026 (a) Purpose and applicability. A Finding of No Significant Impact (FONSI) may be issued if the proposed action will not have a significant effect on the human environment. A FONSI shall be based upon the information submitted by the Applicant and upon the environmental assessment (EA) prepared by the executive administrator.(b) Environmental Assessment. An Environmental Assessment is required when the proposed project is expected to result in environmental impacts and the significance of those impacts is not known. When the executive administrator preliminarily determines that the impacts will not be significant and may be addressed by ordinary mitigation measures, then an Environmental Assessment will be prepared. An Environmental Assessment is not required if the proposed action is categorically excluded or if an Environmental Impact Statement is required.(c) Contents of an Environmental Assessment.(1) An Environmental Assessment shall include a brief discussion of the following:(A) the purpose and need for the proposed project and an estimate of cost of the project;(B) the alternatives considered, including the no action alternative, and the reasons for the rejection or acceptance of the alternatives;(C) the affected environment, including baseline conditions that may be impacted by the proposed actions and the alternatives;(D) the environmental impacts of the proposed project and the alternatives, including any unresolved conflicts concerning alternative use of available resources; and(E) applicable environmental laws and executive orders.(2) The form of the Environmental Assessment generally shall include:(A) a listing or summary of coordination and consultation undertaken with any federal, state, local, or Indian tribe government regarding compliance with applicable environmental laws and executive orders;(B) identification and description of the mitigation measures considered, including mitigation measures that must be adopted to ensure the proposed project will not have significant impacts; and(C) incorporation of documents by reference, including the Environmental Information Document submitted by the Applicant.(d) Contents of a FONSI. When the Environmental Assessment supports a finding that the proposed project will not have a significant effect on the human environment, then the Board may issue a FONSI. The FONSI must include the following components:(1) an Environmental Assessment;(2) a brief description of the reasons why there are no significant impacts;(3) any commitments to mitigation measures that are essential to render the impacts of the proposed project insignificant;(4) the date of issuance and signature of the executive administrator; and(5) the executive administrator's statement that the Applicant has committed to the mitigation measures and that the Applicant has the ability and the authority to fulfill the commitment to mitigation.(e) Public comments and the issuance of a FONSI.(1) The executive administrator shall make the Environmental Assessment and preliminary FONSI available on the Board's website for review and public comment for a period of at least thirty (30) days.(2) If no substantive comments are received, the executive administrator may proceed with the proposed project subject to the mitigation measures identified in the FONSI. If substantive comments are received, then the executive administrator shall respond to the comments and revise the FONSI accordingly, if necessary.(3) The executive administrator shall ensure that the mitigation measures necessary to the FONSI determination are enforceable and shall conduct appropriate monitoring of these measures. All contracts, plans, specifications, and other applicable documents used during the design and construction of the project shall contain reference to or descriptions of the mitigation measures included in the FONSI, as required by this subchapter.(f) Dissemination of information about mitigation measures. The executive administrator may provide written notification describing the outcome of the mitigation measure proposed in an environmental finding to interested agencies and public groups. Source Note: The provisions of this §375.64 adopted to be effective July 4, 2016, 41 TexReg 4853. 10 TEXAS WATER DEVELOPMENT BOARD 375 CLEAN WATER STATE REVOLVING FUND E ENVIRONMENTAL REVIEWS AND DETERMINATIONS §375.64 Board's Environmental Finding: Finding of No Significant Impact https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178855&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178855 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178855&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178855 03/11/2026 (a) An Applicant shall prepare an Environmental Information Document (EID) in consultation with the executive administrator for projects that have potential adverse environmental impacts and the significance of those impacts is not known. The executive administrator will provide guidance on the format and contents of the EID prior to the initiation of planning for the proposed project or as soon as practicable upon receipt of an application. An EID is not required when:(1) the project is eligible for a CE or requires the preparation of an EIS;(2) the Applicant submits a previous environmental finding that meets CWSRF program requirements, including compliance with the NEPA; or(3) the Applicant prepares and submits a draft EIS and supporting documents that meet CWSRF program requirements, including compliance with the NEPA.(b) Coordination. The Applicant shall prepare the EID in coordination with the appropriate federal agencies, state, and local governments, Indian tribes, and other potentially affected parties. The Applicant must also notify the executive administrator regarding any private entities or organizations affected by the proposed project.(c) Contents of EID. The EID shall include, but is not limited to:(1) a description of the project;(2) the need for the proposed project;(3) the alternatives to the project, including the no action alternative;(4) the affected environment, including baseline conditions that may be impacted by the proposed project and the alternatives;(5) the environmental impacts of the proposed action and alternatives, including unresolved conflicts concerning alternative uses of available resources;(6) potential impacts on resources protected by the federal environmental cross-cutters;(7) documentation showing that requisite regulatory agencies have been consulted;(8) proposed mitigation measures supporting the issuance of a FONSI;(9) documentation showing that the requisite public participation requirements have been satisfied; and(10) any other information required by the executive administrator. Source Note: The provisions of this §375.65 adopted to be effective July 4, 2016, 41 TexReg 4853. 10 TEXAS WATER DEVELOPMENT BOARD 375 CLEAN WATER STATE REVOLVING FUND E ENVIRONMENTAL REVIEWS AND DETERMINATIONS §375.65 Applicant Requirements: Environmental Information Document https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178856&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178856 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178856&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178856 03/11/2026 (a) Purpose and applicability. An EIS examines impacts from the proposed project that are significantly affecting the human environment, requires close coordination with the Board and other agencies, and is the primary basis for the Board's issuance of a Record of Decision.(b) Required EIS. An EIS shall be prepared for:(1) new regional water supply systems for a community with a population greater than 100,000;(2) actions likely to have a significant adverse effect on:(A) local ambient air quality;(B) local ambient noise levels;(C) surface water reservoirs or navigation projects;(D) the environment due to the releases of radioactive, hazardous, or toxic substances or biota;(E) federal or state natural landmarks or any property eligible for the national or state register of historic places; or(F) environmentally important natural resources such as wetland, floodplains, significant agricultural lands, aquifer recharge zones, coastal zones, barrier islands, wild and scenic rivers, and significant fish or wildlife habitat;(3) actions inconsistent with federal, state, local, or Indian tribe environmental, resources protection, or land use laws or approved land use plans or regulations;(4) actions likely to significantly affect the pattern and type of land use or growth and distribution of population, including altering the character of residential areas;(5) actions that in conjunction with federal, state, local, or Indian tribe projects are likely to produce significant cumulative impacts; and(6) actions with uncertain environmental effects or highly unique environmental risks that are likely to be significant. Source Note: The provisions of this §375.66 adopted to be effective July 4, 2016, 41 TexReg 4853. 10 TEXAS WATER DEVELOPMENT BOARD 375 CLEAN WATER STATE REVOLVING FUND E ENVIRONMENTAL REVIEWS AND DETERMINATIONS §375.66 Environmental Impact Statements https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178857&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178857 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178857&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178857 03/11/2026 (a) Notice of Intent (NOI) to prepare an EIS. When the executive administrator recommends the issuance of an EIS, a NOI will be published in the Texas Register in order to provide the public with the opportunity to participate in a scoping meeting. (b) Contents of NOI. The NOI shall contain information about a scoping meeting which shall be held no sooner than fifteen days after the publication of the notice of intent. The public comment period for the proposed scope of the EIS shall be at least forty-five days. Source Note: The provisions of this §375.67 adopted to be effective July 4, 2016, 41 TexReg 4853. 10 TEXAS WATER DEVELOPMENT BOARD 375 CLEAN WATER STATE REVOLVING FUND E ENVIRONMENTAL REVIEWS AND DETERMINATIONS §375.67 Decision to Prepare an Environmental Impact Statement: Notice of Intent https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178858&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178858 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178858&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178858 03/11/2026 (a) General. A Record of Decision (ROD) results from an extensive environmental review of a proposed project's potential environmental impacts as detailed in an EIS.(b) Contents of ROD. A ROD must include the following components:(1) a brief description of the proposed project and the alternatives considered in the EIS as well as the environmental factors considered and the project's impacts;(2) commitments to implement mitigation measures;(3) an explanation if the environmentally preferred alternative was not selected;(4) responses to substantive comments on the final EIS;(5) the executive administrator's statement that the Applicant has committed to the mitigation measures and that the Applicant has the ability and the authority to fulfill the commitment to the measures; and(6) the date of issuance and the signature of the executive administrator.(c) Issuance of the ROD. The issuance of a ROD allows the Applicant to proceed with the proposed action subject to mitigation measures described in the ROD. The ROD shall be made available to the public.(d) Monitoring of mitigation measures. The executive administrator shall ensure that adequate monitoring of the mitigation measures occurs throughout the construction of the project. Additionally all contracts, plans, specifications, and other applicable documents used during the planning, design, and construction of the project shall contain reference to or descriptions of the mitigation measures.(e) Dissemination of information about mitigation measures. The executive administrator may provide written notification describing the outcome of the mitigation measures proposed in an environmental finding to interested agencies and public groups. Source Note: The provisions of this §375.68 adopted to be effective July 4, 2016, 41 TexReg 4853. 10 TEXAS WATER DEVELOPMENT BOARD 375 CLEAN WATER STATE REVOLVING FUND E ENVIRONMENTAL REVIEWS AND DETERMINATIONS §375.68 Board's Environmental Finding: Record of Decision https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178859&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178859 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178859&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178859 03/11/2026 (a) Third party contractor. The Applicant shall contract with a third-party contractor at its own expense to prepare an EIS and any associated documents required for consideration by the executive administrator.(b) Executive administrator approval. The executive administrator must approve of and participate in the Applicant's selection of the third-party contractor. The third party contractor shall be selected on the basis of its qualifications to prepare the EIS, including experience with data collection and analyses as well as with the clear presentation of information and data. The third-party contractor shall be responsible for providing technical advice to the Applicant and for receiving and incorporating technical advice from the executive administrator.(c) The third-party contractor shall not have any financial or other interest in the proposed project and must submit a disclosure statement to the executive administrator documenting the fact that it has no financial or other interest in the project.(d) Contract with third party. The Applicant and the executive administrator must agree to the creation and terms of a contract with the third party jointly selected by them to prepare the EIS. The contract terms must ensure that the third party does not have recourse to the Board or the EPA for financial or other claims arising under the contract.(e) The third-party contractor shall cooperate with the executive administrator and shall provide draft documents, analyses, and conclusions that adequately assess the relevant environmental issues for review, comment, and direction from the executive administrator. The executive administrator shall have sole responsibility to ensure that the EIS and any associated documents adequately address the relevant environmental issues. Source Note: The provisions of this §375.69 adopted to be effective July 4, 2016, 41 TexReg 4853. 10 TEXAS WATER DEVELOPMENT BOARD 375 CLEAN WATER STATE REVOLVING FUND E ENVIRONMENTAL REVIEWS AND DETERMINATIONS §375.69 Applicant Requirements: Environmental Impact Statement https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178860&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178860 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178860&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178860 03/11/2026 (a) Proposed project changes during review. The Applicant must notify the executive administrator if during the environmental review process, the Applicant:(1) changes its plans for the project as originally submitted; or(2) changes its schedule for the project from the originally submitted schedule.(b) Alterations of proposed project. Any alteration to a project after the issuance of an environmental finding requires the Applicant to notify the executive administrator in writing in a timely manner. The Applicant shall briefly describe the reasons for the alterations in the proposed project.(c) The executive administrator shall examine the contract documents, application, and other related documents to evaluate the proposed alterations to ensure consistency with the environmental finding. The executive administrator's review of proposed project alterations may result in:(1) a notation to the file that the proposed alterations are minor in nature as described in subsection (d) of this section;(2) the issuance of a SOF to confirm that project alterations are within the scope of the original environmental finding and do not require preparation of a new EID;(3) the issuance of a FONSI when a CE has been revoked, or the issuance of a public notice that the preparation of an EIS will be required;(4) the issuance of an amendment to a FONSI, or the revocation of a FONSI and the issuance of a public notice that the preparation of an EIS will be required; or(5) the issuance of a supplement to a ROD, or the revocation of the ROD and issuance a public notice that financial assistance for the proposed project will not be provided.(d) Minor changes to the proposed or reviewed project that do not create previously unconsidered adverse environmental impacts usually will not affect the ability of the proposed project alterations to proceed without additional formal environmental review.(e) Major changes to the proposed or reviewed project that are previously unexamined and that have the potential to create adverse environmental impacts may result in a decision to revoke a CE or a FONSI and to proceed with a more detailed level of environmental review consistent with this subchapter. Source Note: The provisions of this §375.70 adopted to be effective July 4, 2016, 41 TexReg 4853. 10 TEXAS WATER DEVELOPMENT BOARD 375 CLEAN WATER STATE REVOLVING FUND E ENVIRONMENTAL REVIEWS AND DETERMINATIONS §375.70 Proposed Project Alterations https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178861&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178861 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178861&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178861 03/11/2026 (a) Adoption of a previous environmental finding. Previous environmental findings issued by the EPA and other agencies may be adopted in accordance with this section, provided that the finding was produced through procedures in compliance with the NEPA. The executive administrator must re-evaluate the proposed financial assistance application as well as environmental conditions and public comment to determine whether to conduct a supplemental environmental review of the action and complete an appropriate document in compliance with the NEPA, or to reaffirm the original finding.(b) Previously required mitigation measures. Any and all mitigation measures specified in the previous finding for the applicable project components shall be applied as conditions of the commitment and closing for financial assistance documents and shall be consistent with the requirements of this subchapter.(c) Method of adoption of a previous environmental finding. The previous finding will be adopted through the issuance of a Statement of Findings when the proposed project and its previous finding will be adopted without substantial modifications. The previous finding may also be adopted in a FONSI.(d) Validity of previous environmental findings and re-evaluation. An environmental finding shall be re-evaluated if it was issued five years or more prior to the executive administrator's environmental review and if:(1) the proposed project has not yet been implemented;(2) there has been substantial change in the proposed infrastructure project that is relevant to environmental concerns; and(3) there are significant new circumstances or information relevant to environmental impacts of the proposed action.(e) Dissemination of information about mitigation measures. The executive administrator may provide written notification describing the outcome of the mitigation measures proposed in an environmental finding to interested agencies and public groups. Source Note: The provisions of this §375.71 adopted to be effective July 4, 2016, 41 TexReg 4853. 10 TEXAS WATER DEVELOPMENT BOARD 375 CLEAN WATER STATE REVOLVING FUND E ENVIRONMENTAL REVIEWS AND DETERMINATIONS §375.71 Use of Previously Prepared Environmental Findings https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199712&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199712 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199712&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199712 03/11/2026 (a) If an Applicant requests funding for an emergency relief project, the executive administrator shall review all information relevant to the emergency, proposed project, status of environmental review of the proposed project, known issues with the natural or cultural environment of the project area, and availability of funding.(b) If an emergency condition described in §375.60(3) of this title (relating to Definitions) is present, the Board may authorize funding for the emergency relief project, subject to availability of funds, without full preparation or public review of NEPA review documentation (including a CE finding, EA, or EIS) if the executive administrator determines that:(1) delaying commencement of project construction during the period it would take to prepare, review, and circulate NEPA documentation would increase the imminent peril to the public health, safety, environment, or welfare; and(2) consultations required by the Endangered Species Act and National Historic Preservation Act have been completed.(c) Special conditions appropriate to minimize any potential for adverse impact due to abbreviated or expedited review may be required. Source Note: The provisions of this §375.72 adopted to be effective June 10, 2020, 45 TexReg 3869. 10 TEXAS WATER DEVELOPMENT BOARD 375 CLEAN WATER STATE REVOLVING FUND E ENVIRONMENTAL REVIEWS AND DETERMINATIONS §375.72 Emergency Relief Project Procedures https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=157777&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 157777 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=157777&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 157777 03/11/2026 This subchapter applies to financial assistance for non-equivalency and equivalency projects. Source Note: The provisions of this §375.80 adopted to be effective September 8, 2010, 35 TexReg 8126; amended to be effective July 30, 2012, 37 TexReg 5615. 10 TEXAS WATER DEVELOPMENT BOARD 375 CLEAN WATER STATE REVOLVING FUND F ENGINEERING REVIEW AND APPROVAL §375.80 Applicability https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178862&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178862 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178862&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178862 03/11/2026 (a) The Applicant shall submit an engineering feasibility report signed and sealed by a professional engineer registered in the State. The report, based on guidelines provided by the executive administrator, shall provide:(1) a description and purpose of the project;(2) the names of the entities to be served, along with the current and future population;(3) the cost of the project;(4) a description of the alternatives considered and reasons for selection of the project proposed;(5) sufficient information to evaluate the engineering feasibility;(6) maps and drawings as necessary to locate and describe the project area;(7) sufficient detail to document how the project will remedy the issues and problems that were evaluated for rating on the IUP;(8) information showing the project is cost effective, and for projects that implement new systems or significantly alter current systems a detailed cost-effective analysis, including detailed operation and maintenance costs, may be requested to document program eligibility;(9) a detailed project schedule with timelines for each phase of the project and the milestones within each phase of the project; and(10) any other information or data necessary to evaluate the proposed project. The Applicant must submit any additional information requested by the executive administrator to document the project's eligibility for funding by the program.(b) Approval of engineering feasibility report. The executive administrator will approve the engineering feasibility report when:(1) the items listed in subsection (a) of this section have been completed, including requests for additional information or data;(2) the appropriate environmental findings have been completed in accordance with this chapter and the Applicant has agreed to incorporate into project documents, including contracts, all mitigation measures as a result of the environmental review; and(3) the project and alternatives to the project have been analyzed and the proposed project is cost effective.(c) Request for project amendment. A request for an amendment, after the approval of the engineering feasibility report, to a project shall be granted only if implementation of the amendment does not affect the original purpose of the project. The implementation of the project amendment must remedy the problems and issues identified in the Applicant's original project information form. Significant amendments to a project require previous approval by the executive administrator. The Applicant shall:(1) provide a description of and the need for amendment;(2) submit additional engineering or environmental information as requested by the executive administrator;(3) provide an estimate of any increase or decrease in total project costs resulting from the proposed amendment; and(4) certify that the proposed amendment will not significantly alter the purpose of the project.(d) Alternative methods of project delivery. Design build, construction manager at risk, and other alternative methods of project delivery are eligible for available financial assistance, including combinations of planning, design, and construction funding, in accordance with programmatic requirements. The executive administrator will provide written guidance regarding modifications of the type of financial assistance and the review, approval, and release of funds processes for alternative delivery projects. The Board may specify special conditions in the commitment as appropriate to accommodate an alternative method of project delivery. Source Note: The provisions of this §375.81 adopted to be effective September 8, 2010, 35 TexReg 8126; amended to be effective July 30, 2012, 37 TexReg 5615; amended to be effective July 4, 2016, 41 TexReg 4853. 10 TEXAS WATER DEVELOPMENT BOARD 375 CLEAN WATER STATE REVOLVING FUND F ENGINEERING REVIEW AND APPROVAL §375.81 Engineering Feasibility Report https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222332&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 222332 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222332&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 222332 03/11/2026 (a) Contract documents include the documents that form the construction contracts and the documents that form the contracts for alternative methods of project delivery, which may include the construction phase or other phases of the project.(b) Unless otherwise specified by the executive administrator, an Applicant must submit at least one electronic copy of proposed contract documents, including the engineering plans and specifications, which must be as detailed as would be required for submission to contractors bidding on the work. The Applicant must provide the executive administrator with all contract documents proposed for bid advertising. The executive administrator will review contract documents:(1) to ensure consistency with the approved engineering feasibility report and with approved environmental planning documents;(2) to ensure the proposed construction drawings and specifications provide adequate information so that a contractor can bid and construct the project without additional details or directions;(3) to ensure compliance with Commission rules at 30 TAC Chapter 217 (relating to Design Criteria for Domestic Wastewater Systems) and other applicable state and federal laws and rules;(4) to ensure the contract documents notify the contractor about the Board's authority to audit project files and inspect during construction; and(5) to ensure compliance with other requirements as provided in guidance forms and documents, including any additional documentation required by EPA for equivalency projects.(c) An applicant with a commitment of financial assistance from the Board may qualify for a risk-based review pursuant to Texas Water Code, §17.276.(1) The EA may perform a risk-based review when:(A) the applicant's internal risk score rating is 2B or higher; and(B) the design scope is limited to in-situ replacement or rehabilitation of existing facilities, or new gravity sewer lines and manholes, and project work is not located within the Edwards Aquifer recharge zone; or the applicant has approval authority granted by TCEQ for collection systems pursuant to 30 TAC §217.8.(2) Designs qualifying for a risk-based review require the following:(A) contract documents submitted for review and approval in accordance with this section; and(B) certification from the applicant's design engineer verifying the plans and specifications comply with 30 TAC Chapter 217 requirements and include no variances, or the entity has approval authority granted by the TCEQ for collection systems.(3) The EA may outline additional criteria in TWDB's guidance documents.(d) Other approvals. The Applicant shall obtain the approval of the plans and specifications from any other local, state, and federal agencies having jurisdiction over the project. The executive administrator's approval is not an assumption of the Applicants' liability or responsibility to conform to all requirements of applicable laws relating to design, construction, operation, or performance of the project. Source Note: The provisions of this §375.82 adopted to be effective September 8, 2010, 35 TexReg 8126; amended to be effective July 30, 2012, 37 TexReg 5615; amended to be effective July 4, 2016, 41 TexReg 4853; amended to be effective June 10, 2020, 45 TexReg 3869; amended to be effective November 26, 2024, 49 TexReg 9566. 10 TEXAS WATER DEVELOPMENT BOARD 375 CLEAN WATER STATE REVOLVING FUND F ENGINEERING REVIEW AND APPROVAL §375.82 Contract Documents: Review and Approval https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178864&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178864 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178864&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178864 03/11/2026 (a) Applicable laws and rules. The Applicant shall comply with State procurement laws and rules and with applicable federal procurement rules depending on the equivalency requirements for the financial assistance.(b) Executive administrator approval required. The Applicant shall not proceed to advertising for bids on the project without express written approval of the solicitation documents by the executive administrator. If the applicant proceeds to advertising without approval, it may affect eligibility for funding.(c) Changes prior to award. If the Applicant needs to alter the plans, specifications, or contract documents after the executive administrator's approval, then the Applicant shall:(1) provide the information and reasons relating to the changes if changes are required prior to bidding. The executive administrator must affirmatively approve any changes prior to advertising.(2) Changes that occur after advertising must be incorporated into an addendum and provided to the executive administrator for approval as part of the bidding process.(d) Contract award. The text of a construction contract or a contract containing construction phase work submitted for approval prior to advertising shall contain the same language and provisions as the contingently executed contract.(e) Pre-construction conference. The Applicant shall conduct a pre-construction conference on significant construction contracts to address the contents of the executed contract documents with the project owner, the project engineer, the prime contractor, and other appropriate parties in attendance. The Applicant shall provide the executive administrator with at least 10 days advance notice of the date, time and location of the conference.(f) Notice to proceed. The executive administrator shall review the executed contract documents, including any additional documentation required by EPA for equivalency projects, and upon acceptance of same shall advise the Applicant that a notice to proceed may be issued to the contractor.(g) No liability. The executive administrator and the Board shall have no liability for any event arising out of or in any way related to the contracts for or construction of the project. Source Note: The provisions of this §375.83 adopted to be effective September 8, 2010, 35 TexReg 8126; amended to be effective July 30, 2012, 37 TexReg 5615; amended to be effective July 4, 2016, 41 TexReg 4853. 10 TEXAS WATER DEVELOPMENT BOARD 375 CLEAN WATER STATE REVOLVING FUND F ENGINEERING REVIEW AND APPROVAL §375.83 Advertising and Awarding Construction Contracts https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212892&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 212892 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212892&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 212892 03/11/2026 An applicant choosing to follow an alternative delivery method must elect to do so, and notify the Board, prior to commitment of TWDB funds. Once a funding request is approved by the Board, release of funds for project-specific tasks is governed by the provisions of the Alternative Delivery Guidance rather than the rules and procedures generally applied to Design-Bid-Build project delivery as set out in Subchapters F, G, and H of this Chapter. Source Note: The provisions of this §375.84 adopted to be effective March 1, 2023, 48 TexReg 1144. 10 TEXAS WATER DEVELOPMENT BOARD 375 CLEAN WATER STATE REVOLVING FUND F ENGINEERING REVIEW AND APPROVAL §375.84 Use of Alternative Delivery Guidance https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178865&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178865 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178865&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178865 03/11/2026 This subchapter applies to financial assistance for non-equivalency and equivalency projects. Source Note: The provisions of this §375.90 adopted to be effective September 8, 2010, 35 TexReg 8126; amended to be effective July 30, 2012, 37 TexReg 5615; amended to be effective July 4, 2016, 41 TexReg 4853. 10 TEXAS WATER DEVELOPMENT BOARD 375 CLEAN WATER STATE REVOLVING FUND G LOAN CLOSINGS AND AVAILABILITY OF FUNDS §375.90 Applicability https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199714&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199714 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199714&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199714 03/11/2026 (a) Applicability and required documents. This section applies to closings for financial assistance with entities issuing bonds or other authorized securities. The following documents and conditions are required for closing financial assistance secured by bonds or other authorized securities:(1) evidence that applicable requirements and regulations of all identified local, state, and federal agencies having jurisdiction have been met, including but not limited to permits and authorizations;(2) a certified copy of the ordinance or resolution adopted by the governing body authorizing the issuance of debt to be sold to the Board that is acceptable to the executive administrator. The ordinance or resolution must have sections provided as follows:(A) if financial assistance proceeds are to be deposited into an escrow account at the time of closing then an escrow account separate from all other accounts and funds must be created, as follows:(i) the account must be maintained by an escrow agent as defined in §375.1 of this title (relating to Definitions);(ii) funds cannot be released from the escrow without prior written approval from the executive administrator, who shall issue written authorization for release of the funds;(iii) escrow account statements must be provided to the executive administrator upon request.(iv) the investment of any financial assistance proceeds deposited into an approved escrow account must be handled in a manner that complies with the Public Funds Investment Act, Texas Government Code Chapter 2256; and(v) the escrow account must be adequately collateralized in a manner sufficient to protect the Board's interest in the project and in compliance with the Public Funds Collateral Act, Texas Government Code Chapter 2257;(B) the Applicant shall fix and maintain rates in accordance with state law, and collect charges to provide adequate operation and maintenance of the project;(C) a construction account must be created and must be kept separate from all other accounts and funds of the Applicant;(D) bonds must be closed in book-entry-only form;(E) the use of a paying agent/registrar that is a Depository Trust Company (DTC) participant is required;(F) the payment of all DTC closing fees assessed by the Board's custodian bank must be directed to the Board's custodian bank by the Applicant;(G) the Applicant must provide evidence that one fully registered bond has been sent to the DTC or to the Applicant's paying agent/registrar prior to closing;(H) all payments, including the origination fee, must be made to the Board via wire transfer at no cost to the Board;(I) insurance coverage must be obtained and maintained in an amount sufficient to protect the Board's interest in the project;(J) the Applicant, or an obligated person for whom financial or operating data is presented, either individually or in combination with other issuers of the Applicant's obligations or obligated persons, must undertake in a written agreement or contract to comply with requirements for continuing disclosure on an ongoing basis as required by Securities and Exchange Commission (SEC) rule 15c2-12 and determined as if the Board were a Participating Underwriter within the meaning of such rule. Such continuing disclosure undertaking is for the benefit of the Board and the beneficial owner of the political subdivision's obligations if the Board sells or otherwise transfers such obligations, and the beneficial owners of the Board's bonds if the political subdivision is an obligated person with respect to such bonds under rule 15c2-12. The ordinance or resolution required in subsection (a)(2) of this section must also contain any other requirements of the SEC or the IRS relating to arbitrage, private activity bonds, or other relevant requirements regarding the securities held by the Board;(K) current, accurate, and complete records and accounts must be maintained in accordance with generally accepted accounting principles to demonstrate compliance with requirements in the financial assistance documents;(L) the Applicant must annually submit an audit prepared by a certified public accountant in accordance with generally accepted auditing standards;(M) the Applicant must submit a final accounting within 60 days of project completion.(N) the Applicant must document the adoption and implementation of an approved water conservation plan for the duration of the financial assistance;(O) the Applicant must comply with special environmental conditions specified in the Board's environmental finding as well as with any applicable Board laws or rules relating to use of the financial assistance;(P) the Applicant must establish a dedicated source of revenue for repayment of the financial assistance;(Q) interest payments must commence no later than one year after the date of closing;(R) annual principal payments must commence no later than one year after completion of project construction;(S) any other recitals mandated by the executive administrator;(3) unqualified approving opinions of the attorney general of Texas and, if bonds or other authorized securities are issued, a certification from the comptroller of public accounts that such debt has been registered in that office;(4) an unqualified approving opinion by a recognized bond attorney;(5) assurances that the Applicant will comply with any special conditions specified by the Board's environmental finding;(6) a Private Placement Memorandum containing a detailed description of the issuance of debt to be sold to the Board. The Applicant must submit a draft Private Placement Memorandum at least 30 days before closing of the financial assistance; a final electronic version of the Memorandum must be submitted no later than seven days before closing;(7) when any portion of the financial assistance is to be held in an escrow account, the Applicant must execute an escrow agreement approved as to form and substance by the executive administrator;(8) if applicable, a home rule municipality pursuant to Texas Local Government Code Chapter 104 must execute a Certification of Trust as defined in §375.1 of this title; and(9) any additional information specified in writing by the executive administrator.(b) Certified bond transcript. Within sixty (60) days of closing the financial assistance, the Applicant shall submit a transcript of proceedings relating to the debt purchased by the Board which must contain those instruments normally furnished by a purchaser of debt.(c) Phased closing. The executive administrator may determine that closing the financial assistance in phases is appropriate when:(d) Financial assistance consisting of 100 percent principal forgiveness. Notwithstanding subsection (a) of this section, the following documents are required for closing financial assistance consisting of 100 percent principal forgiveness:(1) evidence that applicable requirements and regulations of all identified local, state, and federal agencies having jurisdiction have been met, including but not limited to permits and authorizations;(2) an executed principal forgiveness agreement adopted by the governing body that is acceptable to the executive administrator. The agreement must have the following sections:(A) if financial assistance proceeds are to be deposited into an escrow account at the time of closing then an escrow account separate from all other accounts and funds must be created, as follows:(i) the account must be maintained by an escrow agent as defined in §375.1 of this title;(ii) funds cannot be released from the escrow account without prior written approval from the executive administrator, who shall issue written authorization for the release of funds;(iii) escrow account statements must be provided to the executive administrator upon request;(iv) the investment of any financial assistance proceeds deposited into an approved escrow account must be handled in a manner that complies with the Public Funds Investment Act, Texas Government Code Chapter 2256; and(v) the escrow account must be adequately collateralized in a manner sufficient to protect the Board's interest in the project and that complies with the Public Funds Collateral Act, Texas Government Code Chapter 2257;(B) the Applicant must fix and maintain rates in accordance with state law, and collect charges to provide adequate operation and maintenance of the project;(C) a construction account separate from all other accounts and funds of the Applicant must be created;(D) insurance coverage must be obtained and maintained in an amount sufficient to protect the Board's interest in the project;(E) the Applicant, or an obligated person for whom financial or operating data is presented, either individually or in combination with other issuers of the Applicant's obligations or obligated persons, must undertake in a written agreement or contract to comply with requirements for continuing disclosure as required by Securities and Exchange Commission (SEC) rule 15c2-12 and determined as if the Board were a Participating Underwriter within the meaning of such rule. Such continuing disclosure undertaking is for the benefit of the Board and the beneficial owner of the political subdivision's obligations if the Board sells or otherwise transfers such obligations, and the beneficial owners of the Board's bonds if the political subdivision is an obligated person with respect to such bonds under rule 15c2-12. The ordinance or resolution required in subsection (a)(2) of this section, above, must also contain any other requirements of the SEC or the IRS relating to arbitrage, private activity bonds, or other relevant requirements regarding the securities held by the Board;(F) current, accurate, and complete records and accounts must be maintained in accordance with generally accepted accounting principles to demonstrate compliance with requirements in the financial assistance documents;(G) the Applicant must annually submit an audit prepared by a certified public accountant in accordance with generally accepted auditing standards;(H) the Applicant must submit a final accounting within 60 days of the completion of the project;(I) the Applicant must document the adoption and implementation of an approved water conservation plan for the duration of the financial assistance;(J) the Applicant must comply with special environmental conditions specified in the Board's environmental finding as well as with any applicable Board laws or rules relating to use of the financial assistance;(3) assurances that the Applicant will comply with any special conditions specified by the Board's environmental finding;(4) if the project will result in the development of surface water or groundwater resources, the Applicant must provide information showing that it has the legal right to use the water that the project will provide. Upon receipt of the information, the executive administrator will prepare a finding that the Applicant has a reasonable expectation of obtaining the water rights to the water that the project will provide prior to any release of funds for planning, land acquisition, and design activities. Prior to the release of funds for construction, a written water rights certification will be prepared by the executive administrator. The certification will be based upon the Applicant's information showing the necessary water rights have been acquired;(5) evidence that the Applicant has the technical, managerial, and financial capacity to maintain the system unless the use of the funds will be to ensure that the system has the technical, managerial, and financial capacity to comply with the national primary or applicable state drinking water regulations over the long term;(6) when any portion of the financial assistance is to be held in an escrow account, the Applicant must execute an escrow agreement, approved as to form and substance by the executive administrator;(7) if applicable, a home rule municipality pursuant to Texas Local Government Code Chapter 104 must execute a Certification of Trust as defined in §375.1 of this title; and(8) any additional information specified in writing by the executive administrator. Source Note: The provisions of this §375.91 adopted to be effective September 8, 2010, 35 TexReg 8126; amended to be effective July 30, 2012, 37 TexReg 5615; amended to be effective July 4, 2016, 41 TexReg 4853; amended to be effective March 18, 2019, 44 TexReg 1445; amended to be effective June 10, 2020, 45 TexReg 3869. 10 TEXAS WATER DEVELOPMENT BOARD 375 CLEAN WATER STATE REVOLVING FUND G LOAN CLOSINGS AND AVAILABILITY OF FUNDS §375.91 Financial Assistance Secured by Bonds or Other Authorized Securities https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199715&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199715 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199715&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199715 03/11/2026 (a) Applicability. This section contains closing requirements for a water supply corporation or an eligible private Applicant or other Applicant that is not authorized to issue bonds or other securities. This section applies to financial assistance for either pre-design or construction funding.(b) Use of consultants. The executive administrator may recommend, but not require, that the entity engage the services of a financial advisor or other consultant to ensure the appropriateness of the proposed debt and to provide advice to the entity.(c) Documents required for closing. The following documents and conditions are required for closing financial assistance secured by promissory notes and deeds of trust:(1) evidence that applicable requirements and regulations of all identified local, state, and federal agencies having jurisdiction have been met, including but not limited to permits and authorizations;(2) an executed promissory note and loan agreement in a form approved by the executive administrator;(3) a Deed of Trust and Security Agreement that must contain a first mortgage lien evidenced by a deed of trust on all the real and personal property of the water system provided; however, this is not needed if the financial assistance consists of 100 percent principal forgiveness;(4) an owner's title insurance policy for the benefit of the Board covering all the real property identified in the deed of trust provided; however, this is not needed if the financial assistance consists of 100 percent principal forgiveness;(5) evidence that the rates on which the Applicant intends to rely for repayment of the financial assistance have received final and binding approval from the Utility Commission and, for Applicants required to utilize a surcharge account, evidence that the approval of the Utility Commission was conditioned on the creation of a surcharge account;(6) a certified copy of the resolution adopted by the governing body authorizing the indebtedness and a certificate from the secretary of the governing body attesting to adoption of the resolution in accordance with the by-laws or rules of the governing body and in compliance with the Open Meetings Act, if applicable;(7) a legal opinion from Applicant's counsel that provides:(A) that the entity has the legal authority to enter into the loan agreement and to execute a promissory note;(B) that the entity is not in breach or default of any state or federal order, judgment, decree, or other instrument which would have a material effect on the loan transaction;(C) that there is no pending suit, action, proceeding, or investigation by a public entity that would materially adversely affect the enforceability or validity of the required financial assistance documents;(D) evidence that the entity is in good standing with the Texas Office of the Secretary of State; and(E) a statement addressing any other issues deemed relevant by the executive administrator.(8) evidence that an approved water conservation plan has been adopted and will be implemented through the life of the project;(9) evidence of the Applicant's agreement to comply with special environmental conditions contained in the Board's environmental finding;(10) evidence that the Applicant has established a dedicated source of revenue for repayment of the financial assistance;(11) evidence that the Applicant has adopted final water rates and charges that are not subject to appeal to the Utility Commission;(12) copies of executed service and revenue contracts;(13) when any portion of the financial assistance is to be held in an escrow account, the Applicant shall execute an escrow agreement, approved as to form and substance by the executive administrator; and(14) any other documents relevant to the particular transaction.(d) if financial assistance proceeds are to be deposited into an escrow account at the time of closing an escrow account separate from all other accounts and funds must be created, as follows:(1) the account must be maintained by an escrow agent as defined in §375.1 of this title (relating to Definitions);(2) funds cannot be released from the escrow account without prior written approval of the executive administrator, who shall issue written authorization for the release of funds;(3) escrow account statements must be provided on a monthly basis to the executive administrator upon request;(4) the investment of any financial assistance proceeds deposited into an approved escrow account must be handled in a manner that complies with the Public Funds Investment Act, Texas Government Code Chapter 2256; and(5) the escrow account must be adequately collateralized in a manner sufficient to protect the Board's interest in the project and that complies with the Public Funds Collateral Act, Texas Government Code Chapter 2257.(e) Construction account. A construction account must be created and must be kept separate from all other accounts and funds of the Applicant.(f) Phased closing. The executive administrator may determine that closing the financial assistance in phases is appropriate when:(1) the project has distinct phases for planning, design, acquisition, and for construction or if any one of the phases can be logically and practically divided into discrete sections;(2) the project utilizes the design-build or construction manager-at-risk process or any process wherein there is simultaneous design and construction;(3) there are limitations on the availability of funds;(4) additional oversight is required due to the financial condition of the Applicant or the complexity of the project; or(5) due to any unique facts arising from the particular transaction. Source Note: The provisions of this §375.92 adopted to be effective July 4, 2016, 41 TexReg 4853; amended to be effective March 18, 2019, 44 TexReg 1445; amended to be effective June 10, 2020, 45 TexReg 3869. 10 TEXAS WATER DEVELOPMENT BOARD 375 CLEAN WATER STATE REVOLVING FUND G LOAN CLOSINGS AND AVAILABILITY OF FUNDS §375.92 Financial Assistance Secured by Promissory Notes and Deeds of Trust https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178868&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178868 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178868&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178868 03/11/2026 (a) Escrow of funds. The executive administrator may deposit funds into an escrow account at the time of closing of the financial assistance. Releases from an escrow account shall occur on a reimbursement method as described in subsection (b), sequentially based on milestones as described in subsection (c) of this section, or in accordance with phasing required for the applicable project. The Applicant must submit outlays for all expenses incurred.(b) Method of release of funds to construction account. There are two methods for the release of funds from the escrow account to the construction account depending on whether there is a principal forgiveness component. If there is no principal forgiveness, then the funds are released from the escrow account to the construction account when the Applicant has achieved the project milestones described in subsection (c) of this section or has completed the phases as approved by the Board, and requests in writing a release of funds. If there is a principal forgiveness component, then funds are released on a reimbursement method. The executive administrator may issue a written authorization for the release of funds from an escrow account based on the receipt of outlay reports supported by detailed invoices of expenditures. The outlays and the releases from an escrow account must be consistent with the approved project schedule. In addition, for all financial assistance the executive administrator may approve the deposit of funds for certain costs into the construction account at the time of closing on the financial assistance.(c) Sequence of availability of funds. Financial assistance shall be available for disbursement in the following sequence:(1) for planning and permitting costs, after receipt of executed contracts for the planning or permitting phase, and after approval of a water conservation plan and a project schedule;(2) for design costs, after receipt of executed contracts for the design, after approval of an engineering feasibility report, and after completion of the environmental review; and(3) for construction costs, after issuance of any applicable permits, after acquisition documents and contract documents (including plans and specifications) are approved and executed, and after the executive administrator has approved the issuance of a Notice to Proceed.(d) Outlay reports. Applicants shall submit outlay reports supported by detailed invoices for incurred costs as the project progresses in accordance with the project schedule. Applicants shall submit outlay reports, in a form determined by the executive administrator, as follows:(1) for financial assistance for planning, acquisition, and design, quarterly; and(2) for financial assistance for construction, monthly.(e) Consistency for project schedules and outlays. The executive administrator shall require that projects proceed in accordance with approved project schedules as closely as possible, and that outlays are submitted as required in subsection (d) of this section. Source Note: The provisions of this §375.93 adopted to be effective July 4, 2016, 41 TexReg 4853. 10 TEXAS WATER DEVELOPMENT BOARD 375 CLEAN WATER STATE REVOLVING FUND G LOAN CLOSINGS AND AVAILABILITY OF FUNDS §375.93 Disbursement of Funds https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199716&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199716 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199716&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199716 03/11/2026 (a) Escrow of funds. The executive administrator may deposit funds into an escrow account at the time of closing of the financial assistance. Releases from an escrow account shall occur on a reimbursement method as described in subsection (b) of this section, sequentially based on milestones as described in subsection (c) of this section, or in accordance with phasing required for the applicable project. The Applicant must submit outlays for all expenses incurred.(b) If there are no enhancements authorized, the Applicant must submit a final accounting and disposition of any unused funds as specified in §375.106. (relating to Final Accounting). Source Note: The provisions of this §375.94 adopted to be effective July 4, 2016, 41 TexReg 4853; amended to be effective June 10, 2020, 45 TexReg 3869. 10 TEXAS WATER DEVELOPMENT BOARD 375 CLEAN WATER STATE REVOLVING FUND G LOAN CLOSINGS AND AVAILABILITY OF FUNDS §375.94 Remaining Unused Funds https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=157783&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 157783 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=157783&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 157783 03/11/2026 This subchapter applies to financial assistance for non-equivalency and equivalency projects. Source Note: The provisions of this §375.100 adopted to be effective September 8, 2010, 35 TexReg 8126; amended to be effective July 30, 2012, 37 TexReg 5615. 10 TEXAS WATER DEVELOPMENT BOARD 375 CLEAN WATER STATE REVOLVING FUND H CONSTRUCTION AND POST CONSTRUCTION REQUIREMENTS §375.100 Applicability https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199717&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199717 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199717&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199717 03/11/2026 (a) Applicant's inspection. The Applicant shall provide for the adequate qualified inspection of the project under the supervision of a registered engineer and shall require the engineer's assurance that the work is being performed in a satisfactory manner in accordance with the approved plans, specifications, and other engineering design or permit documents, approved alterations or changes, and in accordance with the requirements in the environmental finding applicable to the project, and using sound engineering principles and construction practices.(b) Board's site visits. The executive administrator may conduct site visits regarding the construction and materials of any project at any time. The purpose of the site visits is to determine whether the contractor is substantially complying with the approved engineering plans of the project and is constructing the project in accordance with the approved project schedule. The site visits do not subject the state to any civil liability.(c) Scope of inspections. Inspections may include, but are not limited to:(1) on-site observations, review of the conditions at the construction sites, including compliance with environmental mitigation measures;(2) review of documents related to the construction projects, including but not limited to:(A) payroll, daily attendance, and any other records relating to person employed during the construction, and records relating to the Davis-Bacon Act and related federal laws and regulations relating to prevailing wage rates;(B) invoices, receipts for materials, accounting ledgers, and any other documents related to expenditure of funds to facilitate tracking project's progress;(C) evidence of testing of installed materials and equipment;(D) deviations from approved plans and specifications;(E) change orders and supporting documents;(F) compliance with EPA's American Iron and Steel requirements; and(G) review of any other documents to ensure compliance with the terms of the approved contract documents and the Board's rules.(d) The executive administrator may document issues to ensure compliance with applicable laws, rules, and contract documents, and may recommend to the owner that certain corrective actions occur to ensure compliance with laws, rules, and approved plans and specifications.(e) The Applicant must provide the executive administrator with a response to issues relating to compliance. Source Note: The provisions of this §375.101 adopted to be effective September 8, 2010, 35 TexReg 8126; amended to be effective July 4, 2016, 41 TexReg 4853; amended to be effective June 10, 2020, 45 TexReg 3869. 10 TEXAS WATER DEVELOPMENT BOARD 375 CLEAN WATER STATE REVOLVING FUND H CONSTRUCTION AND POST CONSTRUCTION REQUIREMENTS §375.101 Inspection During Construction https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178871&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178871 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178871&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178871 03/11/2026 (a) Changes after approval of engineering feasibility report. The Applicant shall notify the executive administrator of any changes to the project that occur after the approval of the report but prior to the start of construction. The executive administrator shall review the proposed changes and notify the Applicant if additional engineering or other information is required. For wastewater treatment plants or other facilities required to have Commission approval, the Commission must give its approval before any substantial or material changes are made in the plans. No changes may be implemented without the express written approval of the executive administrator.(b) Changes during construction. Any proposed change to the construction contract must be submitted to the executive administrator in the form of a formal change order; the change order will be reviewed for compliance with program requirements. Depending upon the scope and complexity of the proposed change, approval by the executive administrator also may require amendments to other engineering and environmental documents. Source Note: The provisions of this §375.102 adopted to be effective September 8, 2010, 35 TexReg 8126; amended to be effective July 4, 2016, 41 TexReg 4853. 10 TEXAS WATER DEVELOPMENT BOARD 375 CLEAN WATER STATE REVOLVING FUND H CONSTRUCTION AND POST CONSTRUCTION REQUIREMENTS §375.102 Alterations During Construction https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178872&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178872 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178872&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178872 03/11/2026 Force Account Policy. The executive administrator expects that all significant elements of a project shall be constructed with skilled laborers and mechanics obtained through the competitive bidding process. Notwithstanding that expectation, the Applicant, with the prior approval of the executive administrator, may utilize its own employees and equipment for inspection or minor construction upon showing that it possesses the necessary competence required to accomplish such work and that the work can be accomplished more economically by the use of the force account method. Source Note: The provisions of this §375.103 adopted to be effective September 8, 2010, 35 TexReg 8126; amended to be effective July 4, 2016, 41 TexReg 4853. 10 TEXAS WATER DEVELOPMENT BOARD 375 CLEAN WATER STATE REVOLVING FUND H CONSTRUCTION AND POST CONSTRUCTION REQUIREMENTS §375.103 Force Account https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178873&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178873 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178873&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178873 03/11/2026 After a project is completed, the Applicant shall notify the executive administrator of the receipt of a complete set of as-built drawings of the project from the project construction engineer. Source Note: The provisions of this §375.104 adopted to be effective September 8, 2010, 35 TexReg 8126; amended to be effective July 4, 2016, 41 TexReg 4853. 10 TEXAS WATER DEVELOPMENT BOARD 375 CLEAN WATER STATE REVOLVING FUND H CONSTRUCTION AND POST CONSTRUCTION REQUIREMENTS §375.104 As Built Plans https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148076&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 148076 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148076&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 148076 03/11/2026 (a) Purpose. A Certificate of Approval (certificate) shall be issued by the executive administrator upon the completion of all work under each prime construction contract.(b) Final prime construction contract. A certificate shall be issued at the completion of all work under the final prime construction contract. This certificate will be transmitted to the Applicant as well as a statement that the project is complete and that the Board's inspection process is complete. Source Note: The provisions of this §375.105 adopted to be effective September 8, 2010, 35 TexReg 8126. 10 TEXAS WATER DEVELOPMENT BOARD 375 CLEAN WATER STATE REVOLVING FUND H CONSTRUCTION AND POST CONSTRUCTION REQUIREMENTS §375.105 Certificate of Approval and Project Completion https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194473&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 194473 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194473&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 194473 03/11/2026 (a) Within 60 days of Applicant's receipt of the certificate of approval for the final prime construction contract and the final inspection report, the Applicant shall submit a final accounting and a final funds requisition form.(b) After the final accounting, the executive administrator shall notify the Applicant if remaining surplus funds exist and advise the Applicant that the remaining surplus funds may be used in a manner as approved by the executive administrator. Source Note: The provisions of this §375.106 adopted to be effective September 8, 2010, 35 TexReg 8126; amended to be effective July 30, 2012, 37 TexReg 5615; amended to be effective July 4, 2016, 41 TexReg 4853; amended to be effective March 18, 2019, 44 TexReg 1445. 10 TEXAS WATER DEVELOPMENT BOARD 375 CLEAN WATER STATE REVOLVING FUND H CONSTRUCTION AND POST CONSTRUCTION REQUIREMENTS §375.106 Final Accounting https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178875&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178875 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178875&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178875 03/11/2026 The Applicant shall retain all documents, records, and invoices whether in electronic form or otherwise relating to the expenditure of all financial assistance from the CWSRF for a period of three full state fiscal years after the completion of the project and the final certificate of approval. Source Note: The provisions of this §375.107 adopted to be effective September 8, 2010, 35 TexReg 8126; amended to be effective July 4, 2016, 41 TexReg 4853. 10 TEXAS WATER DEVELOPMENT BOARD 375 CLEAN WATER STATE REVOLVING FUND H CONSTRUCTION AND POST CONSTRUCTION REQUIREMENTS §375.107 Records Retention https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178876&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178876 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178876&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178876 03/11/2026 (a) Retainage. The Applicant will withhold a minimum of five percent of each progress payment throughout the course of the construction contract.(b) Full release of retainage. The executive administrator will approve the full release of retainage on a contract when:(1) the Applicant's engineer approves the contractor's request for release of retainage;(2) the Applicant's governing body approves the release of retainage; and(3) the executive administrator issues the Certificate of Approval.(c) Partial release of retainage. If a project is substantially complete, the executive administrator may approve a partial release of retainage. Source Note: The provisions of this §375.108 adopted to be effective September 8, 2010, 35 TexReg 8126; amended to be effective July 30, 2012, 37 TexReg 5615; amended to be effective July 4, 2016, 41 TexReg 4853. 10 TEXAS WATER DEVELOPMENT BOARD 375 CLEAN WATER STATE REVOLVING FUND H CONSTRUCTION AND POST CONSTRUCTION REQUIREMENTS §375.108 Release of Retainage https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199718&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199718 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199718&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199718 03/11/2026 After the satisfactory completion of the project, the Applicant remains responsible for compliance with applicable laws and rules relating to the project and to the financial assistance documents required by the Board resolution or the bond ordinance or resolution, including but not limited to submission of an annual audit, implementation and enforcement of the approved water conservation plan and other assurances made to the Board. The Board has a continuing interest in the State's investment and therefore, the Applicant will be subject to the continuing authority of the Board and the executive administrator through final payment of the financial assistance. Source Note: The provisions of this §375.109 adopted to be effective September 8, 2010, 35 TexReg 8126; amended to be effective July 30, 2012, 37 TexReg 5615; amended to be effective July 4, 2016, 41 TexReg 4853; amended to be effective June 10, 2020, 45 TexReg 3869. 10 TEXAS WATER DEVELOPMENT BOARD 375 CLEAN WATER STATE REVOLVING FUND H CONSTRUCTION AND POST CONSTRUCTION REQUIREMENTS §375.109 Responsibilities of Applicant https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=157787&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 157787 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=157787&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 157787 03/11/2026 (a) The financial assistance provided by the Board is based on the project's economic feasibility, and the Board shares the Applicant's desire to maintain this feasibility in the project's operation and maintenance at all times. The executive administrator shall periodically inspect, analyze, and monitor the project's revenues, operation, and any other information the Board requires in order to perform its duties and to protect the public interest.(b) After construction is complete, the executive administrator is authorized:(1) to inspect the project at any time. If the executive administrator determines that the project is being improperly or inadequately operated and maintained to the extent that the project purposes are not being properly fulfilled or that integrity of the State's investment is being endangered, the executive administrator may require the Applicant to take corrective action;(2) to inspect certified copies of all minutes, operating budgets, monthly operating statements, contracts, leases, deeds, audit reports, and other documents concerning the operation and maintenance of the project;(3) to inspect and review the project and to obtain information through documents or interviews with appropriate personnel to ensure the Applicant is complying with the requirements of the covenants of the bond indenture and/or the master agreement;(4) to inspect accounting and financial records to ensure that the Applicant maintains debt service fund accounts and all other fund accounts related to the CWSRF debt in accordance with standards set forth by the Governmental Accounting Standards Board; and(5) to request the Applicant to determine the status of compliance with mitigation measures as required in the final environmental determination. Source Note: The provisions of this §375.110 adopted to be effective September 8, 2010, 35 TexReg 8126; amended to be effective July 30, 2012, 37 TexReg 5615. 10 TEXAS WATER DEVELOPMENT BOARD 375 CLEAN WATER STATE REVOLVING FUND H CONSTRUCTION AND POST CONSTRUCTION REQUIREMENTS §375.110 Authority of the Executive Administrator https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199719&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199719 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199719&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 199719 03/11/2026 If the Applicant does not comply with applicable laws and rules relating to the project and to the financial assistance documents, the executive administrator may take any of the following actions:(1) impose additional conditions to remedy the noncompliance;(2) withhold releases from escrows or disbursements until the Applicant comes into compliance;(3) refrain from closing on existing commitments;(4) disallow all or part of the cost of a project expenditure that is not in compliance;(5) allow a substitution of eligible cost activities for disallowed costs or require repayment of disallowed costs, at the discretion of the executive administrator; and(6) take other remedial actions that may be legally available. Source Note: The provisions of this §375.111 adopted to be effective June 10, 2020, 45 TexReg 3869. 10 TEXAS WATER DEVELOPMENT BOARD 375 CLEAN WATER STATE REVOLVING FUND H CONSTRUCTION AND POST CONSTRUCTION REQUIREMENTS §375.111 Disallowance of Project Costs and Remedies for Noncompliance https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148082&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 148082 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148082&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 148082 03/11/2026 This subchapter applies to a program for linked deposits to eligible lending institutions to allow the lending institutions to provide loans for nonpoint source pollution control projects. Source Note: The provisions of this §375.200 adopted to be effective September 8, 2010, 35 TexReg 8126. 10 TEXAS WATER DEVELOPMENT BOARD 375 CLEAN WATER STATE REVOLVING FUND I NONPOINT SOURCE POLLUTION LINKED DEPOSITS PROGRAM §375.200 Applicability https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178878&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178878 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178878&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178878 03/11/2026 The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Eligible lending institution--A financial institution that makes commercial loans, is either designated as an official state depository by the Texas comptroller of public accounts, herein referred to as a state depository, or an institution of the Farm Credit System headquartered in this state, agrees to participate in a linked deposit program established under §15.611 of the Water Code, and is willing to agree to provide collateral equal to the amount of linked deposits placed with it.(2) Individual water quality management plan--An approved land management plan that considers site-specific characteristics (such as soil types, slope, climate, vegetation, and land usage) to improve or conserve water resources.(3) Linked deposit--A deposit governed by a linked deposit agreement between the Board and an eligible lending institution that requires that:(A) the eligible lending institution pay interest to the Board on the deposit at a rate equal to the asking yield for a U.S. Treasury note with a twelve-month maturity as of the date five days preceding the submission of all the documents required of the eligible lending institution requesting a linked deposit agreement;(B) the state not withdraw any part of the deposit except as according to the terms of the linked deposit agreement and the terms of this division; and(C) the eligible lending institution agrees to lend the value of the deposit to a person at a rate not to exceed the interest paid by the eligible lending institution to the Board plus four percent.(4) Linked deposit agreement--A written agreement between the Board, acting through the executive administrator, and an eligible lending institution providing for the deposit by the Board of an amount of funds from the CWSRF program account with the eligible lending institution executed pursuant to the authority and according to the conditions of this subchapter.(5) Pledged security--Means the securities authorized by these rules and the linked deposit agreement negotiated to secure the Board's deposit of funds with the eligible lending institution. Source Note: The provisions of this §375.201 adopted to be effective September 8, 2010, 35 TexReg 8126; amended to be effective July 4, 2016, 41 TexReg 4853. 10 TEXAS WATER DEVELOPMENT BOARD 375 CLEAN WATER STATE REVOLVING FUND I NONPOINT SOURCE POLLUTION LINKED DEPOSITS PROGRAM §375.201 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148093&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 148093 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148093&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 148093 03/11/2026 The executive administrator is authorized to execute a linked deposit agreement with an eligible lending institution to provide funds from the CWSRF program account according to and in compliance with this division. Source Note: The provisions of this §375.202 adopted to be effective September 8, 2010, 35 TexReg 8126. 10 TEXAS WATER DEVELOPMENT BOARD 375 CLEAN WATER STATE REVOLVING FUND I NONPOINT SOURCE POLLUTION LINKED DEPOSITS PROGRAM §375.202 Authorization to Execute Agreements https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178879&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178879 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178879&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178879 03/11/2026 (a) Before the executive administrator may execute a linked deposit agreement, a lending institution shall submit to the executive administrator:(1) the application of a person determined by the eligible lending institution to be eligible and creditworthy to receive a loan according the criteria of the institution;(2) a draft loan agreement with such person that:(A) identifies the principal amount of the loan that shall not exceed $250,000;(B) identifies the interest rate to be paid by the borrower that shall not exceed the interest rate paid by the eligible lending institution to the Board plus four percent;(C) includes a repayment schedule that identifies the dates on which payments are due from the loan recipient to the lending institution;(D) limits the use of the loan funds to the project which is certified pursuant to this subchapter; and(E) contains all such other terms and conditions determined by the eligible lending institution in its sole discretion to be reasonable for the purposes of a private loan agreement;(3) a certification:(A) from the eligible lending institution of the interest rate applicable to the proposed loan;(B) for proposed project as identified under this subchapter; and(4) such other information or documentation as determined by the executive administrator to be reasonable and necessary to fulfill the objectives of this division.(b) Before the executive administrator executes a linked deposit agreement, the executive administrator shall review the information submitted in this section to determine if:(1) the lending institution is an eligible lending institution as defined in §375.302 of this subchapter;(2) the documents submitted by the lending institution comply with the requirements of this division; and(3) execution of the linked deposit agreement fulfills the purposes and intent of this subchapter, the Clean Water Act, and the public interest. Source Note: The provisions of this §375.203 adopted to be effective September 8, 2010, 35 TexReg 8126; amended to be effective July 4, 2016, 41 TexReg 4853. 10 TEXAS WATER DEVELOPMENT BOARD 375 CLEAN WATER STATE REVOLVING FUND I NONPOINT SOURCE POLLUTION LINKED DEPOSITS PROGRAM §375.203 Conditions Prior to Execution https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=154641&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 154641 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=154641&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 154641 03/11/2026 (a) If the proposed project is an agricultural or silvicultural nonpoint source pollution control project, in order to be eligible to receive a linked deposit a director of a soil and water conservation district for the district in which the project is located must certify that:(1) the loan recipient has a water quality management plan certified by the State Soil and Water Conservation Board; and(2) the project furthers or implements such plan.(b) For all projects that are not an agricultural or silvicultural nonpoint source pollution control project, in order to be eligible to receive a linked deposit the executive director must certify that the loan recipient's proposed project implements the NPS Management Program. Source Note: The provisions of this §375.204 adopted to be effective September 8, 2010, 35 TexReg 8126; amended to be effective January 9, 2012, 36 TexReg 9337. 10 TEXAS WATER DEVELOPMENT BOARD 375 CLEAN WATER STATE REVOLVING FUND I NONPOINT SOURCE POLLUTION LINKED DEPOSITS PROGRAM §375.204 Project Certifications https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148097&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 148097 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148097&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 148097 03/11/2026 (a) Upon execution of a linked deposit agreement by the executive administrator and an eligible lending institution, the Board, acting through its executive administrator, shall:(1) deposit with the lending institution the amount of funds identified in the linked deposit agreement from the CWSRF program account; and(2) perform such other terms and conditions as specified in the linked deposit agreement.(b) The Board or the executive administrator may withdraw linked deposits and accrued interest from the lending institution without penalty according to the terms of the linked deposit agreement or if the institution ceases to be either a state depository or a Farm Credit System institution headquartered in Texas. Source Note: The provisions of this §375.205 adopted to be effective September 8, 2010, 35 TexReg 8126. 10 TEXAS WATER DEVELOPMENT BOARD 375 CLEAN WATER STATE REVOLVING FUND I NONPOINT SOURCE POLLUTION LINKED DEPOSITS PROGRAM §375.205 Board Obligations in Linked Deposits https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178880&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178880 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178880&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 178880 03/11/2026 (a) Upon execution of a linked deposit agreement and receipt of funds from the Board, the lending institution shall:(1) provide collateral as required in this subchapter;(2) lend the value of the deposit being provided by the Board substantially according to the terms and conditions of the draft loan agreement submitted by the lending institution to the executive administrator;(3) pay to the Board interest on the deposit at a rate equal to the asking yield for a U.S. Treasury note with a twelve-month maturity as of the date five days preceding the submission of all the documents required of the eligible lending institution to the executive administrator requesting a linked deposit agreement;(4) submit compliance reports to the executive administrator annually providing information on loans made, the performance of the terms of the loan by the person receiving the loan from the lending institution, and such other information or documents as specified in the linked deposit agreement;(5) return the amount of funds provided as a linked deposit as specified in the linked deposit agreement; and(6) perform such other terms and conditions as specified in the linked deposit agreement, this subchapter, the rules of the Board, and applicable federal and state law.(b) A delay in payment or a default on a loan by the recipient of the loan from the lending institution does not affect the validity of the deposit agreement or the repayment of the deposit in accordance with the terms of the deposit agreement. Source Note: The provisions of this §375.206 adopted to be effective September 8, 2010, 35 TexReg 8126; amended to be effective July 4, 2016, 41 TexReg 4853. 10 TEXAS WATER DEVELOPMENT BOARD 375 CLEAN WATER STATE REVOLVING FUND I NONPOINT SOURCE POLLUTION LINKED DEPOSITS PROGRAM §375.206 Lending Institutions Obligations in Linked Deposits https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148090&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 148090 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148090&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 148090 03/11/2026 After the executive administrator has executed a linked deposit agreement, the executive administrator shall:(1) at the next available Board meeting and each month thereafter, provide a report to the Board that:(A) identifies all linked deposit agreements; and(B) the status of the loans made by lending institutions; and(2) in the event of noncompliance on the part of an eligible lending institution, inform the Texas comptroller of public accounts of the noncompliance and include information regarding the noncompliance in the monthly report to the Board. Source Note: The provisions of this §375.207 adopted to be effective September 8, 2010, 35 TexReg 8126. 10 TEXAS WATER DEVELOPMENT BOARD 375 CLEAN WATER STATE REVOLVING FUND I NONPOINT SOURCE POLLUTION LINKED DEPOSITS PROGRAM §375.207 Requirements after Execution https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148091&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 148091 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148091&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 148091 03/11/2026 The state is not liable to an eligible lending institution for payment of the principal, interest, or any late charges on a loan made to an approved Applicant. A linked deposit is not an extension of the state's credit within the meaning of any state constitutional prohibition. Source Note: The provisions of this §375.208 adopted to be effective September 8, 2010, 35 TexReg 8126. 10 TEXAS WATER DEVELOPMENT BOARD 375 CLEAN WATER STATE REVOLVING FUND I NONPOINT SOURCE POLLUTION LINKED DEPOSITS PROGRAM §375.208 No State Liability https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148092&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 148092 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148092&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 148092 03/11/2026 (a) Eligible lending institutions shall secure funds that the Board deposits pursuant to a linked deposit agreement in an amount not less than the amount of the deposit under the linked deposit agreement:(1) increased by the amount of any accrued interest; and(2) reduced to the extent that the United States or an instrumentality of the United States insures the deposit.(b) For the purposes of this subchapter, the value of securities shall be the market value obtained from a nationally-recognized, financial information service based upon the previous day's closing market quotations.(c) If the market value of the securities pledged by the eligible lending institution becomes less than the amount of funds on deposit in the depository by the Board, the executive administrator shall require that additional collateral be pledged immediately, or that the amounts of Board funds on deposit be reduced. If the collateral pledged by an eligible lending institution is in excess of that required by the market value of funds on deposit by the Board, the executive administrator may allow the release of the excess collateral.(d) Eligible lending institutions shall secure funds that the Board deposits pursuant to a linked deposit agreement using only the following as pledged securities except as further limited by subsection (e) of this section:(1) obligations, including letters of credit, of the United States or its agencies and instrumentalities;(2) direct obligations of this state or its agencies and instrumentalities;(3) other obligations, the principal and interest of which are unconditionally guaranteed or insured by, or backed by the full faith and credit of, this state or the United States or their respective agencies and instrumentalities; and(4) obligations of states, agencies, counties, cities, and other political subdivisions of any state rated as to investment quality by a nationally recognized investment rating firm not less than A or its equivalent.(e) The following may not be used to secure funds that the Board deposits pursuant to a linked deposit agreement:(1) obligations whose payment represents the coupon payments on the outstanding principal balance of the underlying mortgage-backed security collateral and pays no principal;(2) obligations whose payment represents the principal stream of cash flow from the underlying mortgage-backed security collateral and bears no interest;(3) collateralized mortgage obligations that have a stated final maturity date of greater than 10 years; and(4) collateralized mortgage obligations the interest rate of which is determined by an index that adjusts opposite to the changes in a market index.(f) An eligible lending institution may substitute one group of securities eligible under this section and the linked deposit agreement for another group of securities eligible under this section and the linked deposit agreement.(g) Within the limits of this section, the executive administrator may limit the selection of eligible investment securities for linked deposits in the linked deposit agreement. Source Note: The provisions of this §375.209 adopted to be effective September 8, 2010, 35 TexReg 8126. 10 TEXAS WATER DEVELOPMENT BOARD 375 CLEAN WATER STATE REVOLVING FUND I NONPOINT SOURCE POLLUTION LINKED DEPOSITS PROGRAM §375.209 Collateral for Linked Deposits https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148095&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 148095 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148095&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 148095 03/11/2026 (a) Eligible lending institutions shall maintain a separate, accurate, and complete record relating to the pledged securities, the deposit of the Board's funds, and all transactions related to the pledged securities.(b) The comptroller or the executive administrator may examine and verify at any reasonable time the pledged securities or a record an eligible lending institution maintains under this section. Source Note: The provisions of this §375.210 adopted to be effective September 8, 2010, 35 TexReg 8126. 10 TEXAS WATER DEVELOPMENT BOARD 375 CLEAN WATER STATE REVOLVING FUND I NONPOINT SOURCE POLLUTION LINKED DEPOSITS PROGRAM §375.210 Records of Depository https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148106&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 148106 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148106&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 148106 03/11/2026 (a) An eligible lending institution shall deposit with a custodian a pledged security. The custodian and the executive administrator shall agree in writing on the terms and conditions for securing a linked deposit.(b) A custodian must be approved by the executive administrator, either in the linked deposit agreement or separately, and be:(1) a state or national bank that:(A) is designated by the comptroller as an official state depository institution;(B) has its main office or a branch office in this state; and(C) has a capital stock and permanent surplus of $5 million or more;(2) the Texas Treasury Safekeeping Trust Company;(3) a Federal Reserve Bank or a branch of a Federal Reserve Bank; or(4) a federal home loan bank.(c) A custodian holds in trust the pledged securities used to secure the Board's deposit in the eligible lending institution.(d) A custodian, whether acting alone or through a permitted institution under §375.212 of this subchapter (relating to Custodian's Deposit of Pledged Security with Another Institution), is for all purposes the bailee or agent of the Board.(e) On receipt of a pledged security, a custodian shall:(1) immediately identify on its books and records, by book entry or another method, the pledge of the security to the Board; and(2) promptly issue and deliver to the executive administrator a trust receipt for the pledged security. If the custodian deposits the pledged security pursuant to this subchapter, the trust receipt shall so indicate.(f) An eligible lending institution may not itself be the custodian of securities it pledges for the linked deposit, nor may it deposit the securities with an entity of which the eligible lending institution is a branch.(g) The eligible lending institution shall pay any charges of the custodian bank for accepting and holding the securities. Source Note: The provisions of this §375.211 adopted to be effective September 8, 2010, 35 TexReg 8126. 10 TEXAS WATER DEVELOPMENT BOARD 375 CLEAN WATER STATE REVOLVING FUND I NONPOINT SOURCE POLLUTION LINKED DEPOSITS PROGRAM §375.211 Deposit of Pledged Security with Custodian https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148107&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 148107 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148107&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 148107 03/11/2026 (a) The custodian may deposit a pledged security with one of the following institutions:(1) a Federal Reserve Bank;(2) a clearing corporation as defined by §8.102, Texas Business and Commerce Code;(3) a bank eligible to be a custodian; or(4) a state or nationally chartered bank that is controlled by a bank holding company that controls a bank eligible to be a custodian.(b) The custodian may not deposit a pledged security with an eligible lending institution or an entity of which the eligible lending institution is a branch.(c) If a deposit is made under subsection (a) of this section, the institution to which the deposit is made shall:(1) hold the pledged security to secure funds the Board deposits with the eligible lending institution; and(2) on receipt of deposit, immediately issue to the custodian an advice of transaction or other document that is evidence of the deposit of the pledged security.(d) An institution may apply book entry procedures when an investment security held by a custodian is deposited under this section. The records must at all times state the name of the custodian that deposits an investment security in the institution. Source Note: The provisions of this §375.212 adopted to be effective September 8, 2010, 35 TexReg 8126. 10 TEXAS WATER DEVELOPMENT BOARD 375 CLEAN WATER STATE REVOLVING FUND I NONPOINT SOURCE POLLUTION LINKED DEPOSITS PROGRAM §375.212 Custodian's Deposit of Pledged Security with Another Institution https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148108&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 148108 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148108&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 148108 03/11/2026 (a) The custodian shall maintain a separate, accurate, and complete record relating to each pledged security and each transaction relating to a pledged security.(b) The comptroller or the executive administrator may examine and verify at any reasonable time a pledged security or a record a custodian maintains under this section. The Board or its agent may inspect at any time a pledged security evidenced by a trust receipt.(c) The custodian shall file a collateral report with the comptroller in the manner and on the dates prescribed by the comptroller. Source Note: The provisions of this §375.213 adopted to be effective September 8, 2010, 35 TexReg 8126. 10 TEXAS WATER DEVELOPMENT BOARD 375 CLEAN WATER STATE REVOLVING FUND I NONPOINT SOURCE POLLUTION LINKED DEPOSITS PROGRAM §375.213 Records of Custodian https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148109&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 148109 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148109&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 148109 03/11/2026 As part of an audit or regulatory examination of an eligible lending institution or custodian, the auditor or examiner shall examine and verify pledged securities and records maintained under this subchapter, and shall report any significant or material noncompliance with this subchapter to the comptroller and the Board. Source Note: The provisions of this §375.214 adopted to be effective September 8, 2010, 35 TexReg 8126. 10 TEXAS WATER DEVELOPMENT BOARD 375 CLEAN WATER STATE REVOLVING FUND I NONPOINT SOURCE POLLUTION LINKED DEPOSITS PROGRAM §375.214 Audit and Examinations https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=68535&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 68535 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=68535&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 68535 03/11/2026 This chapter shall govern the board's program of technical assistance for hydrographic surveys established by the Texas Water Code, Chapter 15, subchapter M. Source Note: The provisions of this §377.1 adopted to be effective April 3, 1992, 17 TexReg 2130; amended to be effective November 9, 1999, 24 TexReg 9844. 10 TEXAS WATER DEVELOPMENT BOARD 377 HYDROGRAPHIC SURVEY PROGRAM §377.1 Scope of Chapter https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=68537&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 68537 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=68537&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 68537 03/11/2026 Words and terms used in this chapter shall have the meanings provided by the Texas Water Code, Chapter 15, if such term is therein defined. Source Note: The provisions of this §377.2 adopted to be effective April 3, 1992, 17 TexReg 2130; amended to be effective November 9, 1999, 24 TexReg 9844. 10 TEXAS WATER DEVELOPMENT BOARD 377 HYDROGRAPHIC SURVEY PROGRAM §377.2 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=114916&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 114916 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=114916&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 114916 03/11/2026 (a) The executive administrator may negotiate and execute receivable contracts with any person to perform hydrographic surveys in this state or outside of this state. In order to execute the contract, the executive administrator must:(1) receive a written request to perform the survey from the authorized representative of a:(A) political subdivision or agency of this state;(B) political subdivision or agency of a neighboring state; or(C) federal agency; and(2) find that the information collected will benefit this state.(b) Fees collected for the studies will be deposited into and costs of conducting the studies will be paid from the hydrographic survey account of the water assistance fund.(c) Hydrographic surveys may include, but are not limited to, the following:(1) determining and delineating the form and position of a body of water;(2) evaluating the profiles and capacities of a water body;(3) evaluating available water supplies;(4) evaluating levels, rates, and quality of sediment levels;(5) mapping of bathymetric contours, obstructions to navigation, or other specialized hydrographic mapping;(6) processing, archiving, retrieving, and providing hydrographic data;(7) potential mitigative measures; and(8) collecting geohydrologic information from water-bearing formations.(d) The executive administrator may determine priorities when scheduling conflicts exist between competing applications for hydrographic services. Source Note: The provisions of this §377.3 adopted to be effective April 3, 1992, 17 TexReg 2130; amended to be effective February 5, 2002, 27 TexReg 761; amended to be effective September 6, 2004, 29 TexReg 8620. 10 TEXAS WATER DEVELOPMENT BOARD 377 HYDROGRAPHIC SURVEY PROGRAM §377.3 Studies https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=92356&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 92356 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=92356&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 92356 03/11/2026 The executive administrator shall develop and implement, with board approval, user charge schedules, as necessary, for conducting hydrographic surveys, which shall recover the board's costs to conduct the surveying program, including capital equipment and personnel. The charges for services shall be based upon reasonable and equitable cost-recovery principles. At least once every two years, the executive administrator shall review and obtain board approval of the user charge schedule. Source Note: The provisions of this §377.4 adopted to be effective April 3, 1992, 17 TexReg 2130; amended to be effective February 5, 2002, 27 TexReg 761. 10 TEXAS WATER DEVELOPMENT BOARD 377 HYDROGRAPHIC SURVEY PROGRAM §377.4 Charges for Services https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19387&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19387 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19387&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19387 03/11/2026 At least once every two years, the executive administrator shall report to the board on the status of the program, including services rendered and the financial status of the hydrographic survey account. Source Note: The provisions of this §377.5 adopted to be effective April 3, 1992, 17 TexReg 2130. 10 TEXAS WATER DEVELOPMENT BOARD 377 HYDROGRAPHIC SURVEY PROGRAM §377.5 Program Review https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86357&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86357 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86357&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86357 03/11/2026 This chapter governs the negotiation, mediation, and assisted negotiation process for resolving breach of contract claims asserted by contractors against the Texas Water Development Board pursuant to Texas Government Code, Chapter 2260. Source Note: The provisions of this §380.1 adopted to be effective April 11, 2001, 26 TexReg 2746. 10 TEXAS WATER DEVELOPMENT BOARD 380 ALTERNATIVE DISPUTE RESOLUTION A GENERAL PROVISIONS §380.1 Scope of Rules https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213361&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 213361 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213361&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 213361 03/11/2026 This chapter does not apply to:(1) claims for personal injury or wrongful death arising from a breach of contract;(2) an action of the board for which the contractor is entitled to a specific remedy pursuant to state or federal constitution or statute;(3) contracts that are:(A) between the board and:(i) the federal government or its agencies, another state, or another nation;(ii) a unit of state government; or(iii) a local governmental body, or a political subdivision of another state;(B) between a subcontractor and a contractor;(C) within the exclusive jurisdiction of:(i) a state or local regulatory body; or(ii) a federal court or regulatory body; or(D) solely and entirely funded by federal grant monies other than for a project defined in §380.3(12) of this title (relating to Definitions); and(4) a claim for breach of contract to which Chapter 114, Civil Practices and Remedies Code, applies. Source Note: The provisions of this §380.2 adopted to be effective April 11, 2001, 26 TexReg 2746; amended to be effective April 26, 2023, 48 TexReg 2137. 10 TEXAS WATER DEVELOPMENT BOARD 380 ALTERNATIVE DISPUTE RESOLUTION A GENERAL PROVISIONS §380.2 Applicability https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213362&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 213362 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213362&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 213362 03/11/2026 The following words and terms, when used in this chapter, shall have the following meaning, unless the context clearly indicates otherwise:(1) Board--Texas Water Development Board.(2) Executive administrator--The executive administrator of the Texas Water Development Board.(3) Claim--An assertion by a contractor that the board has breached a contract.(4) Contract--A written agreement between the board and a contractor by the terms of which the contractor agrees either to:(A) provide goods or services, by sale or lease, to or for the board; or(B) perform a project as defined by Texas Government Code, §2166.001.(5) Contractor--An independent contractor who has entered into a contract directly with the board. The term does not include:(A) the contractor's subcontractors, officers, employees, agents, or other persons furnishing goods or services to the contractor;(B) an employee of the board; or(C) a student at an institution of higher education.(6) Counterclaim--An assertion by the board that:(A) a contractor has breached a contract; or(B) justifies the actions taken by the board that are the subject of a contractor's claim.(7) Damages--The total amount of money recoverable on a claim for breach of contract after deducting any amount owed the board for work not performed under the contract or not in substantial compliance with the contract's terms. Damages do not include:(A) consequential or similar damages;(B) exemplary damages;(C) damages based on an unjust enrichment theory;(D) attorney's fees except attorney's fees may be recoverable if:(i) the claim is for breach of a written contract for (I) engineering, architectural, or construction services, (II) material related to the services described in the preceding Paragraph (1); and(ii) the amount in controversy is less than $250,000, excluding penalties, costs, expenses, prejudgment interest, and attorney's fees; or(E) home office overhead.(8) Day--A calendar day.(9) Event--An act or omission, or a series of acts or omissions, giving rise to a claim or counterclaim.(10) Goods--Supplies, materials, or equipment.(11) Parties--The board and the contractor who entered into the contract that is alleged to have been breached.(12) Project--As defined in Texas Government Code, §2166.001, a building construction project that is financed wholly or partly by a specific appropriation, bond issue, or federal money, including the construction of:(A) a building, structure, or appurtenant facility or utility, including the acquisition and installation of original equipment and original furnishing; and(B) an addition to, or alteration, modification, rehabilitation, or repair of an existing building, structure, or appurtenant facility or utility.(13) Services--The furnishing of skilled or unskilled labor or consulting or professional work, or a combination thereof, excluding the labor of an employee of the board.(14) Unit of state government--The state or an agency, department, commission, bureau, board, office, council, court, or other entity that is in any branch of state government and that is created by the constitution or a statute of this state, including a university system or institution of higher education. The term does not include a county, municipality, court of a county or municipality, special purpose district, or other political subdivision of this state. Source Note: The provisions of this §380.3 adopted to be effective April 11, 2001, 26 TexReg 2746; amended to be effective April 26, 2023, 48 TexReg 2137. 10 TEXAS WATER DEVELOPMENT BOARD 380 ALTERNATIVE DISPUTE RESOLUTION A GENERAL PROVISIONS §380.3 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=123188&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 123188 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=123188&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 123188 03/11/2026 The procedures contained in this chapter are exclusive and required prerequisites to suit under Texas Civil Practice & Remedies Code, Chapter 107, and Texas Government Code, Chapter 2260. These rules do not prevent a contractor sued by the board from asserting a counterclaim or right of offset against the board in the court in which the board filed suit. Source Note: The provisions of this §380.4 adopted to be effective April 11, 2001, 26 TexReg 2746; amended to be effective February 9, 2006, 31 TexReg 706. 10 TEXAS WATER DEVELOPMENT BOARD 380 ALTERNATIVE DISPUTE RESOLUTION A GENERAL PROVISIONS §380.4 Prerequisites to Suit https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86361&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86361 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86361&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86361 03/11/2026 This chapter does not waive the board's sovereign immunity to suit or liability. Source Note: The provisions of this §380.5 adopted to be effective April 11, 2001, 26 TexReg 2746. 10 TEXAS WATER DEVELOPMENT BOARD 380 ALTERNATIVE DISPUTE RESOLUTION A GENERAL PROVISIONS §380.5 Sovereign Immunity https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86362&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86362 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86362&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86362 03/11/2026 When computing any period of time prescribed or allowed by these rules, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday or Sunday, or a legal holiday, in which event the period runs until the end of the next day which is not one of the aforementioned days. Source Note: The provisions of this §380.6 adopted to be effective April 11, 2001, 26 TexReg 2746. 10 TEXAS WATER DEVELOPMENT BOARD 380 ALTERNATIVE DISPUTE RESOLUTION A GENERAL PROVISIONS §380.6 Computation of Time https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86356&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86356 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86356&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86356 03/11/2026 (a) A contractor asserting a claim for breach of contract under Texas Government Code, Chapter 2260, shall file written notice of the claim as provided by this section.(b) The notice of claim shall:(1) be in writing and signed by the contractor or the contractor's authorized representative;(2) be delivered to the board employee designated in the contract to receive the notice and the board's general counsel or, if no employee is designated in the contract to receive notice, the notice shall be delivered to the board's executive administrator and the board's general counsel. The written notice of claim must be delivered by:(A) certified mail, return receipt requested;(B) hand-delivery; or(C) other verifiable delivery service; and(3) state in detail:(A) the nature of the alleged breach of contract, including the date of the event that the contractor asserts as the basis of the claim and each contractual provision allegedly breached;(B) a description of the damages that resulted from the alleged breach, including the total dollar amount and method used to calculate those damages; and(C) the legal theory of recovery, i.e., breach of contract, including the causal relationship between the alleged breach and the damages claimed.(c) In addition to the mandatory contents of the notice of claim required by subsection (b) of this section, the contractor may submit supporting documentation or other tangible evidence to facilitate the board's evaluation of the contractor's claim.(d) The written notice of claim shall be delivered no later than 180 days after the date of the event that the contractor asserts as the basis of the claim. Source Note: The provisions of this §380.21 adopted to be effective April 11, 2001, 26 TexReg 2746. 10 TEXAS WATER DEVELOPMENT BOARD 380 ALTERNATIVE DISPUTE RESOLUTION B NEGOTIATION OF CONTRACT DISPUTES §380.21 Submitting a Notice of Claim for Breach of Contract https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=123189&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 123189 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=123189&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 123189 03/11/2026 (a) If the board asserts a counterclaim under Texas Government Code, Chapter 2260, it shall file written notice of the counterclaim as provided by this section.(b) The notice of counterclaim shall:(1) be in writing;(2) be delivered to the contractor or representative of the contractor who signed the notice of claim for breach of contract. The counterclaim shall be delivered by:(A) certified mail, return receipt requested;(B) hand-delivery; or(C) other verifiable delivery service; and(3) state in detail:(A) the nature of the counterclaim;(B) a description of the damages or offsets sought, including the amount and method used to calculate those damages or offsets; and(C) the legal theory supporting the counterclaim.(c) In addition to the mandatory contents of the notice of counterclaim required by subsection (b) of this section, the board may submit supporting documentation or other tangible evidence to facilitate the contractor's evaluation of the board's counterclaim.(d) The notice of counterclaim shall be delivered to the contractor no later than 60 days after the board's receipt of the contractor's written notice of claim for breach of contract.(e) Nothing in this chapter precludes the board from initiating a lawsuit for damages against the contractor in a court of competent jurisdiction. Source Note: The provisions of this §380.22 adopted to be effective April 11, 2001, 26 TexReg 2746; amended to be effective February 9, 2006, 31 TexReg 706. 10 TEXAS WATER DEVELOPMENT BOARD 380 ALTERNATIVE DISPUTE RESOLUTION B NEGOTIATION OF CONTRACT DISPUTES §380.22 Agency Counterclaim https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86364&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86364 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86364&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86364 03/11/2026 The parties shall negotiate the claim(s) and counterclaim(s) in accordance with the timetable set forth in §380.24 of this chapter (relating to Timetable). No party is obligated to settle with the other party as a result of the negotiation. Source Note: The provisions of this §380.23 adopted to be effective April 11, 2001, 26 TexReg 2746. 10 TEXAS WATER DEVELOPMENT BOARD 380 ALTERNATIVE DISPUTE RESOLUTION B NEGOTIATION OF CONTRACT DISPUTES §380.23 Duty to Negotiate https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=123190&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 123190 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=123190&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 123190 03/11/2026 (a) Upon receiving a contractor's notice of claim for breach of contract, the executive administrator or designated representative shall review the claim(s) and the board's counterclaim(s), if any, and initiate negotiations with the contractor to attempt to come to a resolution.(b) The parties shall begin negotiations no later than the 120th day after the date the board received the contractor's notice of claim.(c) The parties may conduct negotiations according to an agreed schedule as long as they begin negotiations no later than the deadline set forth in subsection (b) of this section.(d) Except as provided by subsection (e) of this section, if a claim is not entirely resolved through negotiations, mediation, or any other assisted negotiation process utilized by the parties by the 270th day after the date that the notice of claim was received by the board, the contractor may file a written request for a contested hearing pursuant to §380.29 of this chapter (relating to Request for Contested Case Hearing).(e) The parties may agree in writing to extend the time for negotiations, mediation, or any other assisted negotiation process on or before the 270th day after the board received the contractor's written notice of claim for breach of contract. The agreement shall be signed by representatives of the parties with authority to bind each respective party and shall state the final date of the extension period. The parties may enter into a series of written extension agreements that comply with the requirements of this section. If the claim is not entirely resolved at the end of the agreed upon extension period, the contractor may file a written request for a contested hearing pursuant to §380.29 of this chapter.(f) The parties may agree to mediate the dispute or use any other assisted negotiation process at any time before the 120th day after the board received the contractor's written notice of claim or before the expiration of any extension agreed to by the parties pursuant to subsection (e) of this section. The mediation or other assisted negotiation process shall be governed by Subchapters C and D of this chapter.(g) Nothing in this section is intended to prevent the parties from agreeing to commence negotiation, mediation, or any other assisted negotiation process earlier than the deadline established in subsection (b) of this section, or from continuing or resuming such processes after the contractor has requested a contested case hearing. Source Note: The provisions of this §380.24 adopted to be effective April 11, 2001, 26 TexReg 2746; amended to be effective February 9, 2006, 31 TexReg 706. 10 TEXAS WATER DEVELOPMENT BOARD 380 ALTERNATIVE DISPUTE RESOLUTION B NEGOTIATION OF CONTRACT DISPUTES §380.24 Timetable https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86377&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86377 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86377&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86377 03/11/2026 (a) Negotiation is a consensual bargaining process in which the parties attempt to resolve a claim and counterclaim. Negotiation under this subchapter may be conducted by any method, technique, or procedure authorized under the contract or agreed upon by the parties, including, without limitation, negotiation:(1) in person;(2) by telephone;(3) by correspondence;(4) by video conference; or(5) by any other method that permits the parties to:(A) identify their respective positions;(B) discuss their respective differences;(C) confer with their respective advisers;(D) exchange offers of settlement; and(E) settle, if possible.(b) The parties may conduct negotiations with the assistance of one or more neutral third parties. If the parties choose to mediate their dispute, the mediation shall be conducted in accordance with Subchapter C of this chapter. The parties may choose an assisted negotiation process other than mediation, including, without limitation, processes such as those described in Subchapter D of this chapter.(c) To facilitate the meaningful evaluation and resolution of the claim(s) and any counterclaim(s), the parties may exchange relevant documents that support their respective claims, defenses, counterclaims, or positions.(d) Information obtained by the board is subject to the provisions of the Government Code, Chapter 552, Public Information Act. If, pursuant to the section, the contractor submits material to the board that involves the contractor's privacy or property interests, the material shall be marked confidential by the contractor before submittal. All information submitted to the board shall be handled pursuant to the requirements of the Public Information Act and any other relevant state or federal law. Source Note: The provisions of this §380.25 adopted to be effective April 11, 2001, 26 TexReg 2746. 10 TEXAS WATER DEVELOPMENT BOARD 380 ALTERNATIVE DISPUTE RESOLUTION B NEGOTIATION OF CONTRACT DISPUTES §380.25 Conduct of Negotiation https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86378&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86378 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86378&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86378 03/11/2026 The parties' settlement approval procedures shall be disclosed prior to, or at the beginning of, negotiations. To the extent possible, the parties shall select negotiators who are knowledgeable about the subject matter of the dispute, who are in a position to reach agreement, and who can credibly recommend approval of an agreement. Source Note: The provisions of this §380.26 adopted to be effective April 11, 2001, 26 TexReg 2746. 10 TEXAS WATER DEVELOPMENT BOARD 380 ALTERNATIVE DISPUTE RESOLUTION B NEGOTIATION OF CONTRACT DISPUTES §380.26 Settlement Approval Procedures https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86379&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86379 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86379&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86379 03/11/2026 (a) A settlement agreement may resolve an entire claim and/or counterclaim or any designated and severable portion of a claim and/or counterclaim.(b) To be enforceable, a settlement agreement must be in writing and signed by representatives of the contractor and the board who have authority to bind each respective party.(c) A partial settlement does not waive the parties' rights under Texas Government Code, Chapter 2260, as to the parts of the claims or counterclaims that are not resolved. Source Note: The provisions of this §380.27 adopted to be effective April 11, 2001, 26 TexReg 2746. 10 TEXAS WATER DEVELOPMENT BOARD 380 ALTERNATIVE DISPUTE RESOLUTION B NEGOTIATION OF CONTRACT DISPUTES §380.27 Settlement Agreement https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86380&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86380 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86380&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86380 03/11/2026 Unless the parties agree otherwise, each party shall be responsible for its own costs incurred in connection with negotiation, including, without limitation, the costs of attorney's fees, consultant's fees, and expert's fees. Source Note: The provisions of this §380.28 adopted to be effective April 11, 2001, 26 TexReg 2746. 10 TEXAS WATER DEVELOPMENT BOARD 380 ALTERNATIVE DISPUTE RESOLUTION B NEGOTIATION OF CONTRACT DISPUTES §380.28 Costs of Negotiation https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86381&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86381 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86381&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86381 03/11/2026 (a) If a claim for breach of contract is not resolved in its entirety through negotiation, mediation, or other assisted negotiation process, in accordance with this chapter, by the 270th day after the board received the contractor's written notice of claim, or by the expiration of any extension agreed to by the parties pursuant to §380.24(f) of this chapter (relating to Timetable), the contractor may file a written request with the board for a contested case hearing, which will be held before the State Office of Administrative Hearings (SOAH).(b) A request for a contested case hearing shall state the legal and factual basis for the claim, and shall be delivered to the board's executive administrator and the board's general counsel by the 300th day after the board received the contractor's written notice of claim unless the parties have agreed to extend the negotiation period, in which case the written request for a contested hearing shall be delivered by the 30th day following the end of the agreed to extension period.(c) The board shall forward the contractor's request for contested case hearing to SOAH within 30 days of receiving the request.(d) The parties may agree to submit the case to SOAH before the 270th day after the notice of claim was received by the board if they have achieved a partial resolution of the claim or if an impasse has been reached and proceeding to a contested case hearing would serve the interests of justice. Source Note: The provisions of this §380.29 adopted to be effective April 11, 2001, 26 TexReg 2746. 10 TEXAS WATER DEVELOPMENT BOARD 380 ALTERNATIVE DISPUTE RESOLUTION B NEGOTIATION OF CONTRACT DISPUTES §380.29 Request for Contested Case Hearing https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86382&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86382 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86382&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86382 03/11/2026 (a) The parties may agree to mediate the dispute at any time before the 270th day after the board received the notice of claim for breach of contract, or before the expiration of any extension agreed to by the parties in writing.(b) The parties may mediate the dispute even after the case has been referred to SOAH for a contested case hearing. SOAH may also refer a contested case for mediation pursuant to its own rules and guidelines, whether or not the parties have previously attempted mediation. Source Note: The provisions of this §380.41 adopted to be effective April 11, 2001, 26 TexReg 2746. 10 TEXAS WATER DEVELOPMENT BOARD 380 ALTERNATIVE DISPUTE RESOLUTION C MEDIATION OF CONTRACT DISPUTES §380.41 Mediation Timetable https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86383&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86383 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86383&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86383 03/11/2026 (a) Mediation is a consensual process in which an impartial third party, the mediator, facilitates communication between the parties to promote reconciliation, settlement, or understanding among them. A mediator may not impose his or her own judgment on the issues for that of the parties. The mediator must be acceptable to both parties.(b) Mediation under this chapter is subject to the provisions of the Governmental Dispute Resolution Act, Texas Government Code, Chapter 2009. For purposes of this chapter, "mediation" is assigned the meaning set forth in Texas Civil Practice and Remedies Code, §154.023.(c) To facilitate a meaningful opportunity for settlement, the parties shall, to the extent possible, select representatives who are knowledgeable about the dispute, who are in a position to reach agreement, and who can credibly recommend approval of an agreement. Source Note: The provisions of this §380.42 adopted to be effective April 11, 2001, 26 TexReg 2746. 10 TEXAS WATER DEVELOPMENT BOARD 380 ALTERNATIVE DISPUTE RESOLUTION C MEDIATION OF CONTRACT DISPUTES §380.42 Conduct of Mediation https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86367&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86367 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86367&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86367 03/11/2026 (a) The parties may agree to use mediation to resolve a breach of contract claim at the time they enter into the contract and include a contractual provision to do so. The parties may mediate a breach of contract claim even absent a contractual provision to do so if both parties agree.(b) Any agreement to mediate should include consideration of the following factors.(1) The source of the mediator. Potential sources of mediators include:(A) governmental officers or employees who are qualified as mediators under Texas Civil Practice and Remedies Code, §154.052;(B) private mediators;(C) SOAH;(D) the Center for Public Policy Dispute Resolution at The University of Texas School of Law;(E) an alternative dispute resolution system created under Texas Civil Practice and Remedies Code, Chapter 152; or(F) another state or federal agency or through a pooling agreement with several state agencies. Before naming a mediator source in a contract, the parties shall contact the mediator source to be sure that it is willing and able to serve in that capacity. In selecting a mediator, the parties shall use the qualifications set forth in subsection §380.44 of this chapter (relating to Qualifications and Immunity of Mediator).(2) The time period for the mediation. The parties shall try to allow enough time in which to make arrangements with the mediator to schedule the mediation, to attend and participate in the mediation, and to complete any settlement approval procedures necessary to achieve final settlement. While this time frame can vary according to the needs and schedules of the mediator and parties, it is important that the parties allow adequate time for the process.(3) The location of the mediation.(4) Allocation of costs of the mediation.(5) The identification of representatives who will attend the mediation on behalf of the parties. If possible, each party shall supply the other with the names and/or positions of the representatives they will send to mediation at least 10 days before the first scheduled mediation session.(6) The settlement approval process in the event the parties reach agreement at the mediation. Source Note: The provisions of this §380.43 adopted to be effective April 11, 2001, 26 TexReg 2746. 10 TEXAS WATER DEVELOPMENT BOARD 380 ALTERNATIVE DISPUTE RESOLUTION C MEDIATION OF CONTRACT DISPUTES §380.43 Agreement to Mediate https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86368&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86368 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86368&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86368 03/11/2026 (a) The mediator shall:(1) possess the qualifications required under Texas Civil Practice and Remedies Code, §154.052;(2) be subject to the standards and duties prescribed by Texas Civil Practice and Remedies Code, §154.053; and(3) have the qualified immunity prescribed by Texas Civil Practice and Remedies Code, §154.055, if applicable.(b) The parties shall decide whether, and to what extent, knowledge of the subject matter and experience in mediation would be advisable for the mediator.(c) The parties shall obtain from the prospective mediator the ethical standards that will govern the mediation. Source Note: The provisions of this §380.44 adopted to be effective April 11, 2001, 26 TexReg 2746. 10 TEXAS WATER DEVELOPMENT BOARD 380 ALTERNATIVE DISPUTE RESOLUTION C MEDIATION OF CONTRACT DISPUTES §380.44 Qualifications and Immunity of the Mediator https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86369&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86369 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86369&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86369 03/11/2026 (a) Mediation conducted under this chapter is confidential in accordance with Texas Government Code, §2009.054.(b) The confidentiality of a final settlement agreement reached by the parties as a result of the mediation is governed by Texas Government Code, Chapter 552. Source Note: The provisions of this §380.45 adopted to be effective April 11, 2001, 26 TexReg 2746. 10 TEXAS WATER DEVELOPMENT BOARD 380 ALTERNATIVE DISPUTE RESOLUTION C MEDIATION OF CONTRACT DISPUTES §380.45 Confidentiality of Mediation and Final Settlement Agreement https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86370&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86370 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86370&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86370 03/11/2026 Unless the parties agree otherwise, each party shall be responsible for its own costs incurred in connection with the mediation, including costs of document reproduction for documents requested by such party, attorney's fees, and consultant or expert fees. The costs of the mediation process itself shall be divided equally between the parties. Source Note: The provisions of this §380.46 adopted to be effective April 11, 2001, 26 TexReg 2746. 10 TEXAS WATER DEVELOPMENT BOARD 380 ALTERNATIVE DISPUTE RESOLUTION C MEDIATION OF CONTRACT DISPUTES §380.46 Costs of Mediation https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86371&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86371 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86371&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86371 03/11/2026 The parties' shall disclose their settlement approval procedures prior to the mediation. To the extent possible, the parties shall select representatives who are knowledgeable about the subject matter of the dispute, who are in a position to reach agreement, and who can credibly recommend approval of an agreement. Source Note: The provisions of this §380.47 adopted to be effective April 11, 2001, 26 TexReg 2746. 10 TEXAS WATER DEVELOPMENT BOARD 380 ALTERNATIVE DISPUTE RESOLUTION C MEDIATION OF CONTRACT DISPUTES §380.47 Settlement Approval Procedures https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86372&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86372 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86372&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86372 03/11/2026 Any settlement agreement reached during the mediation shall be signed by the representatives of the contractor and the board, and shall describe any procedures required to be followed by the parties in connection with final approval of the agreement. Source Note: The provisions of this §380.48 adopted to be effective April 11, 2001, 26 TexReg 2746. 10 TEXAS WATER DEVELOPMENT BOARD 380 ALTERNATIVE DISPUTE RESOLUTION C MEDIATION OF CONTRACT DISPUTES §380.48 Initial Settlement Agreement https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86373&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86373 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86373&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86373 03/11/2026 (a) A final settlement agreement reached during, or as a result of, mediation that resolves an entire claim and/or counterclaim or any designated and severable portion of a claim and/or counterclaim shall be in writing and signed by representatives of the contractor and the board who have authority to bind each respective party.(b) If the settlement agreement does not resolve all issues raised by the claim and counterclaim, the agreement shall identify the issues that are not resolved.(c) A partial settlement does not waive a party's rights under Texas Government Code, Chapter 2260, as to the parts of the claim or counterclaim that are not resolved. Source Note: The provisions of this §380.49 adopted to be effective April 11, 2001, 26 TexReg 2746. 10 TEXAS WATER DEVELOPMENT BOARD 380 ALTERNATIVE DISPUTE RESOLUTION C MEDIATION OF CONTRACT DISPUTES §380.49 Final Settlement Agreement https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86374&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86374 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86374&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86374 03/11/2026 If mediation does not resolve all issues raised by the claim, the contractor may request a contested case hearing pursuant to the time periods in §380.24 of this chapter (relating to Timetable) and the procedures in §380.29 of this chapter (relating to Request for Contested Case Hearing). Nothing in these rules prohibits the parties from mediating the dispute after the case has been referred for contested case hearing, subject to the rules of SOAH. Source Note: The provisions of this §380.50 adopted to be effective April 11, 2001, 26 TexReg 2746. 10 TEXAS WATER DEVELOPMENT BOARD 380 ALTERNATIVE DISPUTE RESOLUTION C MEDIATION OF CONTRACT DISPUTES §380.50 Referral to the State Office of Administrative Hearings https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86375&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86375 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86375&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86375 03/11/2026 The parties may agree, either contractually or when a dispute arises, to use assisted negotiation (alternative dispute resolution) processes, in addition to negotiation and mediation, to resolve their dispute. Source Note: The provisions of this §380.61 adopted to be effective April 11, 2001, 26 TexReg 2746. 10 TEXAS WATER DEVELOPMENT BOARD 380 ALTERNATIVE DISPUTE RESOLUTION D ASSISTED NEGOTIATION PROCESSES §380.61 Assisted Negotiation Processes https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86365&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86365 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86365&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86365 03/11/2026 If the parties agree to use an assisted negotiation process, they shall agree in writing to a detailed description of the process to be used prior to engaging in the process. Any of the following methods, a combination of these methods, or any other assisted negotiation process agreed to by the parties, may be used in seeking resolution of claims and counterclaims:(1) Mediation;(2) Early evaluation by a third-party neutral;(3) Neutral fact-finding by an expert;(4) Mini-trial; or(5) Any other alternative dispute resolution process agreed to by the parties. Source Note: The provisions of this §380.62 adopted to be effective April 11, 2001, 26 TexReg 2746. 10 TEXAS WATER DEVELOPMENT BOARD 380 ALTERNATIVE DISPUTE RESOLUTION D ASSISTED NEGOTIATION PROCESSES §380.62 Use of Assisted Negotiation Processes https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86366&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86366 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86366&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 86366 03/11/2026 If the parties agree in writing to use an assisted negotiation process, they shall follow the rules in subchapter C of this chapter (relating to Mediation of Contract Disputes) regarding time periods, conduct, agreement to the process used, the qualifications of the third party, confidentiality, costs, and settlement agreements. Source Note: The provisions of this §380.63 adopted to be effective April 11, 2001, 26 TexReg 2746. 10 TEXAS WATER DEVELOPMENT BOARD 380 ALTERNATIVE DISPUTE RESOLUTION D ASSISTED NEGOTIATION PROCESSES §380.63 Conduct of Assisted Negotiation https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19513&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19513 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19513&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19513 03/11/2026 It is the policy of the State Soil and Water Conservation Board to develop and implement a program to provide funds to districts on a matching basis to assist them with expenses incurred through the administration and implementation of conservation programs. In accordance with this purpose, §§517.1-517.12 of this title (relating to Conservation Assistance) are adopted. Source Note: The provisions of this §517.1 adopted to be effective October 23, 1986, 11 TexReg 4247. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 517 FINANCIAL ASSISTANCE A CONSERVATION ASSISTANCE §517.1 Policy Statement https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19528&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19528 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19528&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19528 03/11/2026 The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) District--A soil and water conservation district created under the Agriculture Code of Texas, Chapter 201.(2) State board--The Texas State Soil and Water Conservation Board created under the Agriculture Code of Texas, Chapter 201. Source Note: The provisions of this §517.2 adopted to be effective October 23, 1986, 11 TexReg 4247. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 517 FINANCIAL ASSISTANCE A CONSERVATION ASSISTANCE §517.2 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222652&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 222652 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222652&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 222652 03/11/2026 Funds appropriated from the general revenue fund and other sources for conservation assistance may be used by the state board to provide funds to districts on a matching basis, to assist them with expenses incurred through the administration and implementation of conservation programs and activities. Indirect administration expenses are an allowable use of conservation assistance funds for reimbursement of certain travel expenses required to conduct official district business at meeting or events sponsored by the State Board or a local soil and water conservation district. Use of conservation assistance funds for indirect administration is limited to reimbursement of mileage and actual expenses incurred for lodging, not to exceed the maximum allowable rates as established in the General Appropriations Act for state travel. Source Note: The provisions of this §517.3 adopted to be effective October 23, 1986, 11 TexReg 4247; amended to be effective December 16, 2024, 49 TexReg 10116. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 517 FINANCIAL ASSISTANCE A CONSERVATION ASSISTANCE §517.3 Use of Funds https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19533&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19533 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19533&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19533 03/11/2026 The state board may allocate funds appropriated from the general revenue fund and other sources for conservation assistance to districts and may adjust allocations throughout the year as districts needs and ability to match funds change in order to achieve the most efficient use of state funds. Source Note: The provisions of this §517.4 adopted to be effective October 23, 1986, 11 TexReg 4247. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 517 FINANCIAL ASSISTANCE A CONSERVATION ASSISTANCE §517.4 Allocation of Funds https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19529&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19529 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19529&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19529 03/11/2026 Districts must submit requests for allocations of conservation assistance funds under this subchapter to the state board on forms provided by the state board. Source Note: The provisions of this §517.5 adopted to be effective October 23, 1986, 11 TexReg 4247. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 517 FINANCIAL ASSISTANCE A CONSERVATION ASSISTANCE §517.5 Requests for Allocations https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19534&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19534 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19534&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19534 03/11/2026 The state board may consider and approve, reject, or adjust district requests for allocations giving consideration to relative need for funding, district workload, and fund balances, as well as other information deemed necessary by the state board. Only districts for which the state board has established an allocation are eligible to claim funds under this subchapter. Source Note: The provisions of this §517.6 adopted to be effective October 23, 1986, 11 TexReg 4247. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 517 FINANCIAL ASSISTANCE A CONSERVATION ASSISTANCE §517.6 Approval of Allocations https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19535&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19535 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19535&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19535 03/11/2026 In order to be eligible to receive funds under this subchapter, a district must have raised an amount of money that is equal to the amount to be received from funds under this subchapter. District-raised funds must be funds other than state funds or earnings from state funds and must have been deposited in a financial institution prior to submitting a claim. Source Note: The provisions of this §517.7 adopted to be effective October 23, 1986, 11 TexReg 4247. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 517 FINANCIAL ASSISTANCE A CONSERVATION ASSISTANCE §517.7 Match Requirements https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3742&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3742 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3742&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3742 03/11/2026 The state board may establish a per district maximum annual allocation based on appropriation levels and district needs, and may adjust the maximum from time to time as available funds and district needs change. Source Note: The provisions of this §517.8 adopted to be effective October 23, 1986, 11 TexReg 4247. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 517 FINANCIAL ASSISTANCE A CONSERVATION ASSISTANCE §517.8 Maximum Allocation https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19536&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19536 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19536&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19536 03/11/2026 Claims for conservation assistance funds may be submitted to the state board as districts raise funds. Claims shall be submitted on forms provided by the state board and must include certification that an amount of funds equal to that claimed have been raised by the district from sources other than state funds or earnings from state funds and deposited in a local financial institution, since the beginning of the current fiscal year and prior to the date of the claim. Claims shall not be submitted more often than once each month. Source Note: The provisions of this §517.9 adopted to be effective October 23, 1986, 11 TexReg 4247. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 517 FINANCIAL ASSISTANCE A CONSERVATION ASSISTANCE §517.9 Claims https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222651&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 222651 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222651&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 222651 03/11/2026 The state board will hereby establish deadlines for all claims for conservation assistance funds. Exceptions to these deadlines can only be made by the state board or the executive director with permission of the state board on a case-by-case basis. Source Note: The provisions of this §517.10 adopted to be effective October 23, 1986, 11 TexReg 4247; amended to be effective August 9, 2009, 34 TexReg 5138; amended to be effective December 16, 2024, 49 TexReg 10117. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 517 FINANCIAL ASSISTANCE A CONSERVATION ASSISTANCE §517.10 Deadlines https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=78264&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 78264 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=78264&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 78264 03/11/2026 The State Board shall have access to all district records for the purpose of verifying compliance with the provisions of this subchapter and other state requirements. The State Board may withhold funds under this subchapter from districts found to be in violation of this subchapter or other state requirements and may require districts to reimburse the State Board for funds claimed and received in violation of this subsection or other state requirements. Any district which has not met the filing requirements of §525.7 of this title will not receive conservation assistance funds under this subchapter until such reports are received in the Temple office. Source Note: The provisions of this §517.11 adopted to be effective October 23, 1986, 11 TexReg 4247; amended to be effective May 8, 2000, 25 TexReg 4186. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 517 FINANCIAL ASSISTANCE A CONSERVATION ASSISTANCE §517.11 Audits https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=28591&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 28591 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=28591&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 28591 03/11/2026 The state board may withhold funds under these sections from districts or other entities found by the state board to be in violation of state nepotism statutes. Source Note: The provisions of this §517.12 adopted to be effective October 23, 1986, 11 TexReg 4247. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 517 FINANCIAL ASSISTANCE A CONSERVATION ASSISTANCE §517.12 Nepotism https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=168996&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 168996 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=168996&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 168996 03/11/2026 The purpose of the water supply enhancement program is to increase available surface and ground water through:(1) selective control, removal, or reduction of noxious brush species that are detrimental to water conservation; and(2) revegetation of land on which noxious brush has been controlled, removed, or reduced. Source Note: The provisions of this §517.22 adopted to be effective February 13, 2003, 28 TexReg 1209; amended to be effective April 16, 2012, 37 TexReg 2679; amended to be effective September 8, 2014, 39 TexReg 7173. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 517 FINANCIAL ASSISTANCE B COST-SHARE ASSISTANCE FOR WATER SUPPLY ENHANCEMENT §517.22 Purpose https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=168997&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 168997 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=168997&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 168997 03/11/2026 For the purposes of this subchapter the following definitions shall apply.(1) Allocated funds--Funds budgeted through the State Board for cost-share assistance.(2) Applicant--An eligible person who applies for cost-share assistance.(3) Area--A sub-basin or other portion of land within a project.(4) Available funds--Allocated funds that have not been obligated.(5) Average costs--The constructed cost, which is based on actual costs and current cost estimates, considered necessary to carry out a conservation practice.(6) Brush control--The selective control, removal, or reduction of noxious brush such as mesquite, juniper, salt cedar, or other phreatophytes that, as determined by the State Board, consumes water to a degree that is detrimental to water conservation; and the revegetation of land on which this brush has been controlled.(7) Water supply enhancement plan--A site-specific plan for implementation of brush control, sound range management practices, and other soil and water conservation land improvement measures. It includes a record of the eligible person's decisions made during planning and the resource information needed for implementation and maintenance of the plan that has been reviewed and approved by the SWCD.(8) Cost-share assistance--An award of money made to an eligible person for brush control pursuant to the purpose(s) for which the funds were appropriated.(9) Cost-share rate--The percent of the cost of brush control to be awarded an eligible person based on actual cost not to exceed average cost.(10) Eligible land--Those lands within a designated critical area that are eligible for application of water supply enhancement program cost-share assistance.(11) Eligible person--Any individual, partnership, administrator for a trust or estate, family-owned corporation, or other legal entity who as an owner, lessee, tenant, or sharecropper participates in an agricultural or wildlife operation within a water supply enhancement project watershed shall be eligible for cost-share assistance.(12) Field Office Technical Guide, herein referred to as FOTG--The official NRCS guidelines, criteria, and standards for planning and applying conservation practices, management measures, and works of improvement that have the purpose of solving or reducing the severity of natural resource use problems or taking advantage of resource opportunities.(13) Natural Resources Conservation Service, herein referred to as NRCS--An agency of the United States Department of Agriculture.(14) Operator--Any person(s), firm, or corporation with a contractual arrangement with the owner of the land that grants operational control of an agricultural enterprise.(15) Obligated funds--Monies from a critical area's allocated funds that have been committed to an applicant after final approval of the water supply enhancement contract by the State Board.(16) Performance agreement--A component of the water supply enhancement contract whereby the eligible person receiving the benefit of cost-share assistance provides written agreement to the SWCD to perform brush control in accordance with standards established by the State Board and the terms of the water supply enhancement contract.(17) Practice standard--A technical specification for a conservation practice within the NRCS FOTG that contains information on why and where the practice should be applied, and sets forth the minimum quality criteria that must be met during the application of that practice in order for it to achieve its intended purpose(s).(18) Priority system--The system devised under guidelines of the State Board, for ranking water supply enhancement project applications and for facilitating the disbursement of allocated funds in line with the project watershed's priorities.(19) Program year--The period from September 1 through August 31.(20) Project Area--An area of critical need designated by the State Board according to the criteria established in §517.25 of this subchapter.(21) Project--A watershed or portion of a watershed in which water supply enhancement activities are performed.(22) Proposal--A request submitted by a SWCD or other political subdivision of the State for state funds to be used in a watershed or portion of a watershed for water supply enhancement activities.(23) Soil and Water Conservation District, herein referred to as SWCD--A government subdivision of this State and a public body corporate and politic, organized pursuant to the Agriculture Code, Chapter 201.(24) State Board--The Texas State Soil and Water Conservation Board organized pursuant to the provisions of the Agriculture Code, Chapter 201.(25) Water Conservation--The process of reducing water consumption and/or preventing future increases in water consumption. As related to brush control, the process of reducing water-consuming brush and subsequently, the enhancement of available water resources.(26) Water Supply Enhancement Contract--A legally binding 10-year agreement between the applicant and the State Board whereby the applicant agrees to implement all brush control practice(s) for which cost-share is to be provided in accordance with standards established by the State Board. Only practice(s) that the State Board has approved and are included in an approved water supply enhancement plan are eligible for inclusion in the water supply enhancement contract.(27) Water Supply Enhancement--The enhancement of available water resources through brush control. Source Note: The provisions of this §517.23 adopted to be effective February 13, 2003, 28 TexReg 1209; amended to be effective March 21, 2004, 29 TexReg 2651; amended to be effective April 16, 2012, 37 TexReg 2679; amended to be effective September 8, 2014, 39 TexReg 7173. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 517 FINANCIAL ASSISTANCE B COST-SHARE ASSISTANCE FOR WATER SUPPLY ENHANCEMENT §517.23 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169002&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 169002 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169002&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 169002 03/11/2026 (a) The State Board shall prepare and adopt a state water supply enhancement plan. The State Board shall review and may amend the plan at least every two years to take into consideration changed conditions. (b) The state water supply enhancement plan shall include a comprehensive strategy for managing brush in all areas of the state where brush is contributing to a substantial water conservation problem. (c) The plan adopted under this section must list goals the State Board establishes under §201.029, Agriculture Code, for the water supply enhancement program. These goals must include: (1) a goal describing the intended use of any water supply enhanced or conserved by the program, such as agricultural purposes or drinking water purposes; and (2) a goal describing the populations that the water supply enhancement program will target. (d) Before the State Board adopts the plan, the State Board shall call and hold a public hearing to consider the proposed plan. (1) In addition to providing notice in the Texas Register, the State Board shall mail written notice of the hearing to each SWCD in the state not less than 30 days before the date the hearing is to be held. The notice must include the date and place for holding the hearing, state the purpose for holding the hearing, and include instructions for each SWCD to submit written comments on the proposed plan. (2) At the hearing, representatives of a SWCD and any other person may appear and present testimony including information and suggestions for any changes in the proposed plan. The State Board shall enter into the record any written comments received on the proposed plan and shall consider all written comments and testimony before taking final action on the plan. (3) After the conclusion of the hearing, the State Board shall consider the testimony, including the information and suggestions made at the hearing and in written comments, and after making any changes in the proposed plan that it finds necessary, the State Board shall adopt the plan. Source Note: The provisions of this §517.24 adopted to be effective February 13, 2003, 28 TexReg 1209; amended to be effective March 21, 2004, 29 TexReg 2651; amended to be effective April 16, 2012, 37 TexReg 2679; amended to be effective September 8, 2014, 39 TexReg 7173. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 517 FINANCIAL ASSISTANCE B COST-SHARE ASSISTANCE FOR WATER SUPPLY ENHANCEMENT §517.24 State Water Supply Enhancement Plan https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169003&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 169003 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169003&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 169003 03/11/2026 (a) The State Board hereby establishes:(1) criteria for accepting project proposals; and(2) a system to prioritize projects for each funding cycle, giving priority to projects that balance the most critical water conservation need and the highest projected water yield.(b) The criteria required by subsection (a)(1) of this section includes a requirement that each proposal state the projected water yield of the proposed project, as modeled by a person with expertise in hydrology, water resources, or another technical area pertinent to the evaluation of water supply.(c) The State Board shall consult with stakeholders, including hydrologists and representatives from SWCDs to develop standard methods of reporting the projected water yield described in subsection (b) of this section. A standard method of reporting the projected water yield in feasibility studies allows for a direct comparison of potential benefits between proposed projects. The projected water yield for the brush treatment scenarios for each sub-basin shall be reported in a feasibility study as the average annual gallons of water yielded per treated acre of brush, averaged over the simulation period used in the computer model.(d) In prioritizing projects under subsection (a)(2) of this section, the State Board shall consider:(1) the need for conservation of water resources within the territory of the project based on the state water plan adopted under §16.051, Water Code;(2) the projected water yield of areas of the project, based on soil, slope, land use, types and distribution of trees, brush, and other vegetative matter, and proximity of trees, brush, and other vegetative matter to rivers, streams, and channels;(3) any method the project may use to control brush;(4) cost-sharing contract rates within the territory of the project;(5) the location and size of the project;(6) the budget of the project and any associated requests for grant funds submitted under this subchapter;(7) the implementation schedule of the project; and(8) the administrative capacities of the State Board and the entity that will manage the project.(e) In prioritizing projects under subsection (a)(2) of this section the State Board may consider:(1) scientific research on the effects of brush removal on water supply; and(2) any other criteria that the State Board considers relevant to assure that the water supply enhancement program can be effectively, efficiently, and economically implemented.(f) Ranking Index Methodology.(1) Funding for project proposals will be allocated through a competitive grant process that will rank applications using the following evaluation criteria:(A) Public water supplies expected to be benefited by the project;(B) Water supply yield enhancement to target water supply, which is the projected water yield from a feasibility study;(C) Water User Groups relying on the water supplies;(D) Percent of target water supply used by Water User Groups; and(E) Population of Water User Groups.(2) A Ranking Index is calculated using the evaluation criteria described in paragraph (1) of this subsection which gives a measure of the water yield increased per capita user for each proposal. The Ranking Index equals the percent reliance of the Water User Groups on the source to be enhanced multiplied by the projected water yield enhancement from the feasibility study divided by the population of the Water User Groups.(3) In order to address the criterion described in subsection (d)(4) of this section, the Ranking Index may be adjusted for projects that propose a more favorable cost-sharing contract rate. That is, the Ranking Index will be adjusted to give more favorable consideration to a project that proposes a cost-share rate that lessens the State's cost. This adjustment to the Ranking Index may be applied as a percentage bonus. Source Note: The provisions of this §517.25 adopted to be effective February 13, 2003, 28 TexReg 1209; amended to be effective March 21, 2004, 29 TexReg 2651; amended to be effective April 16, 2012, 37 TexReg 2679; amended to be effective September 8, 2014, 39 TexReg 7173. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 517 FINANCIAL ASSISTANCE B COST-SHARE ASSISTANCE FOR WATER SUPPLY ENHANCEMENT §517.25 Criteria for Accepting and Prioritizing Water Supply Enhancement Projects https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=168994&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 168994 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=168994&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 168994 03/11/2026 (a) The State Board shall establish a process for providing assistance, to applicants submitting project proposals, in locating a person with expertise in hydrology, water resources, or another technical area pertinent to the evaluation of water supply to conduct a feasibility study for a project using a water yield model as described by §517.25(b) of this subchapter.(b) The State Board may:(1) dedicate a portion of the money appropriated to the State Board, that it considers appropriate, to fund part or all of a feasibility study under this section; and(2) establish procedures to distribute the money under paragraph (1) of this subsection.(c) To receive funding for a feasibility study under subsection (b) of this section, a person must submit to the State Board an application for funding that includes a statement of the project's anticipated impact on water resources.(d) Applications for funding a feasibility study under subsection (b) of this section will be referred to a Science Advisory Committee, established by the State Board, for review. The Science Advisory Committee will review the applications and make recommendations to the State Board on which applications should receive funding.(1) In reviewing the applications and formulating recommendations, the Science Advisory Committee will consider science-oriented questions described in the State Water Supply Enhancement Plan.(2) In formulating recommendations for funding to the State Board, State Board staff will consider recommendations from the Science Advisory Committee and programmatic- and policy-oriented questions described in the State Water Supply Enhancement Plan. Source Note: The provisions of this §517.26 adopted to be effective February 13, 2003, 28 TexReg 1209; amended to be effective March 21, 2004, 29 TexReg 2651; amended to be effective April 16, 2012, 37 TexReg 2679; amended to be effective September 8, 2014, 39 TexReg 7173. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 517 FINANCIAL ASSISTANCE B COST-SHARE ASSISTANCE FOR WATER SUPPLY ENHANCEMENT §517.26 Feasibility Studies https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=168995&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 168995 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=168995&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 168995 03/11/2026 A person, including a political subdivision of this state, that desires to participate with the state in the water supply enhancement program and to obtain cost-share from the state shall file an application for a cost-sharing contract with the SWCD in which the land on which the contract is to be performed is located. The application must be in the form provided by State Board rules. Source Note: The provisions of this §517.27 adopted to be effective February 13, 2003, 28 TexReg 1209; amended to be effective March 21, 2004, 29 TexReg 2651; amended to be effective April 16, 2012, 37 TexReg 2679; amended to be effective September 8, 2014, 39 TexReg 7173. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 517 FINANCIAL ASSISTANCE B COST-SHARE ASSISTANCE FOR WATER SUPPLY ENHANCEMENT §517.27 Application for Cost-Sharing https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=168998&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 168998 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=168998&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 168998 03/11/2026 In passing on an application for cost-sharing, the State Board shall consider:(1) the location of the land that is subject to the cost-sharing contract;(2) the method of control the applicant will use;(3) the plans for revegetation;(4) the total cost of the contract;(5) the amount of land to be included in the contract;(6) whether the applicant is financially able to provide the applicant's share of the money for the project;(7) the cost-sharing percentage, if an applicant agrees to a higher degree of financial commitment;(8) any comments and recommendations submitted by a SWCD, the Texas Department of Agriculture, the Texas Water Development Board, or the Texas Parks and Wildlife Department; and(9) any other pertinent information considered necessary by the State Board. Source Note: The provisions of this §517.28 adopted to be effective February 13, 2003, 28 TexReg 1209; amended to be effective March 21, 2004, 29 TexReg 2651; amended to be effective April 16, 2012, 37 TexReg 2679; amended to be effective September 8, 2014, 39 TexReg 7173. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 517 FINANCIAL ASSISTANCE B COST-SHARE ASSISTANCE FOR WATER SUPPLY ENHANCEMENT §517.28 Considerations in Passing on Application https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=168999&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 168999 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=168999&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 168999 03/11/2026 The State Board may approve an application for cost-sharing if, after considering the factors listed in §517.28 of this subchapter, and any other relevant factors, the State Board finds:(1) the owner of the land fully agrees to cooperate in the cost-sharing contract; and(2) the method of control is a method approved by the State Board under §517.31 of this subchapter. Source Note: The provisions of this §517.29 adopted to be effective February 13, 2003, 28 TexReg 1209; amended to be effective March 21, 2004, 29 TexReg 2651; amended to be effective April 16, 2012, 37 TexReg 2679; amended to be effective September 8, 2014, 39 TexReg 7173. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 517 FINANCIAL ASSISTANCE B COST-SHARE ASSISTANCE FOR WATER SUPPLY ENHANCEMENT §517.29 Approval of Landowner Application https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169000&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 169000 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169000&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 169000 03/11/2026 (a) A SWCD may administer expenditures of the state's share of the money required by a cost-sharing contract and shall report periodically to the State Board on the expenditure of those funds in the manner required by the State Board.(b) If the demand for funds under the cost-sharing program is greater than funds available, the State Board shall establish priorities favoring the areas with the most critical water conservation needs and projects that will be most likely to produce substantial water conservation.(c) The State Board shall give more favorable consideration to a particular project if the applicants individually or collectively agree to increase the percentage share of costs under the cost-share agreement.(d) The State Board shall consider quantity of stream flows, the quantity of groundwater, and the amount of water conservation from eradication of brush each to be a priority. Source Note: The provisions of this §517.30 adopted to be effective February 13, 2003, 28 TexReg 1209; amended to be effective March 21, 2004, 29 TexReg 2651; amended to be effective October 11, 2007, 32 TexReg 7082; amended to be effective April 16, 2012, 37 TexReg 2679; amended to be effective September 8, 2014, 39 TexReg 7173. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 517 FINANCIAL ASSISTANCE B COST-SHARE ASSISTANCE FOR WATER SUPPLY ENHANCEMENT §517.30 Administration of Expenditures https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169001&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 169001 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169001&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 169001 03/11/2026 (a) The State Board shall study and must approve all methods used to control brush under this subchapter considering the overall impact of the project.(b) The State Board may approve a method for use under the cost-sharing program provided by this subchapter, if the State Board finds that the proposed method:(1) has proven to be an effective and efficient method for controlling brush and is consistent with the practice standard for brush control as specified within the NRCS FOTG;(2) is cost efficient;(3) will have a beneficial impact on the development of water sources and wildlife habitat and will not harm sensitive or critical habitat of endangered or threatened species;(4) will maintain topsoil to prevent erosion or silting of any river or stream; and(5) will allow the revegetation of the area after the brush is removed with plants that are beneficial to stream flows, groundwater levels, and livestock and wildlife. Source Note: The provisions of this §517.31 adopted to be effective February 13, 2003, 28 TexReg 1209; amended to be effective March 21, 2004, 29 TexReg 2651; amended to be effective April 16, 2012, 37 TexReg 2679; amended to be effective September 8, 2014, 39 TexReg 7173. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 517 FINANCIAL ASSISTANCE B COST-SHARE ASSISTANCE FOR WATER SUPPLY ENHANCEMENT §517.31 Approval of Brush Control Methods https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169009&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 169009 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169009&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 169009 03/11/2026 (a) Each SWCD may administer the aspects of the water supply enhancement program within the jurisdiction of that SWCD.(b) Each SWCD may accept for transmission to the State Board applications for cost-sharing under this subchapter, and may examine and assist the applicant in assembling the application in proper form before the application is submitted to the State Board.(c) Before a SWCD submits an application to the State Board, it shall examine the application to assure that it complies with rules of the State Board and that it includes all information and exhibits necessary for the State Board to pass on the application.(d) At the time that the SWCD examines the application, it shall prepare comments and recommendations relating to the application and the SWCD may provide comments and recommendations before they are submitted to the State Board.(e) After reviewing the application, the SWCD shall submit to the State Board the application and the comments and recommendations.(f) Each SWCD on behalf of the State Board may inspect and supervise cost-sharing contracts within its jurisdiction in which state money is provided under this subchapter.(g) Each SWCD exercising the duties under subsection (f) of this section shall periodically report to the State Board relating to this inspection and supervision in the manner provided by the State Board.(h) The State Board may direct a SWCD to manage any problem that arises under a cost-sharing contract for water supply enhancement in that SWCD and to report to the State Board. Source Note: The provisions of this §517.32 adopted to be effective February 13, 2003, 28 TexReg 1209; amended to be effective April 16, 2012, 37 TexReg 2679; amended to be effective September 8, 2014, 39 TexReg 7173. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 517 FINANCIAL ASSISTANCE B COST-SHARE ASSISTANCE FOR WATER SUPPLY ENHANCEMENT §517.32 Powers and Duties of SWCDs https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169004&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 169004 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169004&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 169004 03/11/2026 (a) Eligible person. Any individual, partnership, administrator for a trust or estate, family-owned corporation, or other legal entity who is an owner, lessee, tenant, or sharecropper in an agricultural or wildlife operation.(b) Ineligible person.(1) A person is not eligible to participate in the water supply enhancement program or to receive money from the water supply enhancement program if the person is simultaneous receiving any cost-share money for brush control on the same acreage from a federal government program.(2) The State Board may grant an exception to paragraph (1) of this subsection if the State Board finds that joint participation of the state water supply enhancement program and any federal brush control program will enhance the efficiency and effectiveness of a project and lessen the state's financial commitment to the project.(c) Eligible land. To be eligible for cost-share assistance, the land must be in an agricultural or wildlife operation within a designated project area and fall into any of the following categories:(1) land within the state that is privately owned by an eligible person;(2) land leased by an eligible person over which the applicant has adequate control extending through the term of the contract period and written permission of the landowner; or(3) land owned by the state, a political subdivision of the state, or a nonprofit organization that holds land in trust for the state.(d) Ineligible lands. Allocated funds shall not be used on land outside of a designated area.(e) Eligible purposes. Cost-share assistance shall be available only for brush control included in an approved water supply enhancement plan and contract and determined to be needed by the local SWCD to conserve water.(f) Eligible practices. Brush control methods, which the State Board has approved and which are included in the applicant's approved water supply enhancement plan and contract, shall be eligible for cost-share assistance.(g) Requirement to file an application. In order to qualify for cost-share assistance, an eligible person shall file an application with the local SWCD. Source Note: The provisions of this §517.33 adopted to be effective February 13, 2003, 28 TexReg 1209; amended to be effective March 21, 2004, 29 TexReg 2651; amended to be effective December 9, 2010, 35 TexReg 10769; amended to be effective April 16, 2012, 37 TexReg 2679; amended to be effective September 8, 2014, 39 TexReg 7173. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 517 FINANCIAL ASSISTANCE B COST-SHARE ASSISTANCE FOR WATER SUPPLY ENHANCEMENT §517.33 Eligibility for Cost-Share Assistance https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169005&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 169005 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169005&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 169005 03/11/2026 (a) Not more than 70 percent of the total cost of a single cost-sharing contract may be made available as the state's share in cost-sharing.(b) A person is not eligible to participate in or to receive money from the state water supply enhancement program if the person is simultaneously receiving any cost-share money for brush control on the same acreage from the federal government.(c) The State Board may grant an exception to subsection (b) of this section if the State Board finds that joint participation of the state water supply enhancement program and any federal brush control program will:(1) enhance the efficiency and effectiveness of the water supply enhancement program;(2) lessen the state's financial commitment to the person receiving money from the water supply enhancement program through a cost-sharing contract; and(3) not exceed 80 percent of the total cost of the cost-sharing contract.(d) A political subdivision of this state is eligible for cost-sharing under the water supply enhancement program, provided that the state's share may not exceed 50 percent of the total cost of a single cost-sharing contract.(e) Notwithstanding any other provision of this section, 100 percent of the total cost of a single cost-sharing contract on public lands may be made available as the state's share in cost-sharing. Source Note: The provisions of this §517.34 adopted to be effective February 13, 2003, 28 TexReg 1209; amended to be effective March 21, 2004, 29 TexReg 2651; amended to be effective April 16, 2012, 37 TexReg 2679; amended to be effective September 8, 2014, 39 TexReg 7173. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 517 FINANCIAL ASSISTANCE B COST-SHARE ASSISTANCE FOR WATER SUPPLY ENHANCEMENT §517.34 Limit on Cost-Sharing Participation https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169006&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 169006 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169006&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 169006 03/11/2026 (a) On approval of an application for cost-sharing by the State Board, the State Board or the designated SWCD shall negotiate cost-sharing contracts with the successful applicants in the project territory.(b) The State Board or the designated SWCD shall negotiate a contract with the successful applicant subject to:(1) the conditions established by the State Board in approving the application;(2) any specified instructions provided by the State Board; and(3) State Board rules.(c) On completion of the negotiations by the SWCD, it shall submit the proposed contract to the State Board for approval.(d) The State Board shall examine the contract and if the State Board finds that the contract meets all the conditions of the State Board's resolution, instructions, and rules, it shall approve the contract and provide to the individual on faithful performance of the terms of the contract the money that constitutes the state's share of the project.(e) The State Board may develop guidelines to allow partial payment of the state's share of a cost-sharing contract as certain portions or percentages of contracted work are completed, but state money may not be provided in advance for work remaining to be done. Source Note: The provisions of this §517.35 adopted to be effective February 13, 2003, 28 TexReg 1209; amended to be effective April 16, 2012, 37 TexReg 2679; amended to be effective September 8, 2014, 39 TexReg 7173. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 517 FINANCIAL ASSISTANCE B COST-SHARE ASSISTANCE FOR WATER SUPPLY ENHANCEMENT §517.35 Contract for Cost-Sharing https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169007&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 169007 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169007&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 169007 03/11/2026 (a) The State Board shall consult with each successful applicant for a cost-sharing contract to create a 10-year plan for the land that is subject to the contract to enhance the water supply in the area.(b) A plan created under this section must include:(1) provisions for brush control or other water supply enhancement activities;(2) a provision for follow-up brush control;(3) a provision requiring the landowner to limit the average brush coverage on the land that is subject to the contract to not more than five percent throughout the course of the 10-year plan; and(4) periodic dates throughout the course of the 10-year plan on which the State Board will inspect the status of brush control on the land that is subject to the contract.(c) Signature of a performance agreement. As a condition for receipt of cost-share assistance for brush control, the eligible person receiving the benefit of such assistance shall agree to perform the brush control in accordance with standards established by the State Board and the terms of the cost-share agreement. Completion of the performance agreement and the signature of the eligible person are required prior to payment.(d) The SWCD may require refund of any or all of the cost-share paid to an eligible person when acres where brush control was applied has not been managed in compliance with applicable standards and specifications for the practice in accordance with the terms of the cost-share contract as agreed to by the eligible person.(e) In cases of hardship, death of the participant, or at the time of transfer of ownership of land where brush control has been applied using cost-share assistance and terms of the contract has not expired, the participant, heir(s), or buyer(s) respectively, must agree to properly manage the treated area or the participant, heir(s), or the buyer(s) by agreement with the seller must refund all or a portion of the cost-share funds received for the practice as determined by the SWCD. The State Board, on a case-by-case basis, in consultation with the SWCD, may grant a waiver to this requirement.(f) A plan created under this section may not condition implementation of the provision for follow-up brush control on receipt of additional funding for the follow-up brush control from a state source other than the original cost-sharing contract.(g) Status reviews as required by subsection (b)(4) of this section are conducted by the State Board within three to five years after initial treatment of brush. A second status review is conducted within eight to nine years after initial treatment.(h) If the eligible person, as defined in §517.33(a) of this subchapter, receiving a cost-sharing contract is found to be out of compliance with the provision described in subsection (b)(3) of this section, that person will not be eligible for another water supply enhancement contract from the State Board for a period of ten years after being found out of compliance. Source Note: The provisions of this §517.36 adopted to be effective February 13, 2003, 28 TexReg 1209; amended to be effective March 21, 2004, 29 TexReg 2651; amended to be effective April 16, 2012, 37 TexReg 2679; amended to be effective September 8, 2014, 39 TexReg 7173. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 517 FINANCIAL ASSISTANCE B COST-SHARE ASSISTANCE FOR WATER SUPPLY ENHANCEMENT §517.36 Water Supply Enhancement Plans for Landowners https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169008&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 169008 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169008&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 169008 03/11/2026 The State Board shall consult with:(1) The Texas Parks and Wildlife Department in regard to the effects of the water supply enhancement program on fish and wildlife;(2) The Texas Water Development Board in regard to the effects of the water supply enhancement program on water quantity; and(3) The Texas Department of Agriculture in regard to the effects of the water supply enhancement program on agriculture. Source Note: The provisions of this §517.37 adopted to be effective February 13, 2003, 28 TexReg 1209; amended to be effective March 21, 2004, 29 TexReg 2651; amended to be effective April 16, 2012, 37 TexReg 2679; amended to be effective September 8, 2014, 39 TexReg 7173. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 517 FINANCIAL ASSISTANCE B COST-SHARE ASSISTANCE FOR WATER SUPPLY ENHANCEMENT §517.37 Consultation https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=168992&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 168992 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=168992&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 168992 03/11/2026 (a) In order to maximize the positive impacts of brush control on water supply enhancement and the effective and efficient use of allocated funds, a geospatial analysis will be performed to delineate and prioritize the acres eligible for cost-share that have the highest potential to yield water within a project watershed. The geospatial analysis addresses the consideration described in §517.25(d)(2) of this subchapter.(b) The geospatial analysis will consider multiple landscape characteristics for a project watershed and will assign a ranking to all areas of the watershed based on the overall number of these characteristics that apply to a specific location. Each characteristic has multiple criteria each with a ranking value assigned. Characteristics that will be assessed in the geospatial analysis include:(1) Brush Density--type and density of brush to be treated in fraction of the area with treatable brush;(2) Soils--relative to hydrologic properties such as runoff potential or recharge/infiltration rate;(3) Slope--sufficiently steep to carry water to streambed but not impair method of brush control;(4) Proximity to Waterbodies--including riparian areas and other hydrologically sensitive areas critical to streamflow and aquifer recharge; and(5) Proximity to Watershed Outlet.(c) Excluded Areas. Due to their sensitive nature, the following areas are automatically excluded from the analysis and are included in the not eligible zone:(1) Areas that are designated as sensitive or critical habitat of endangered or threatened species; and(2) Slopes greater than 16 percent.(d) The geospatial analysis results in four brush control priority zones for each watershed: high, medium, low, and not eligible.(e) Different ranking values may be assigned to the multiple criteria of each characteristic, based on their impacts on the target water supply and goal for the project. The intended goal of the project may be either to manage brush for infiltration enhancement of aquifers or to manage brush for runoff enhancement of surface waterbodies. Source Note: The provisions of this §517.38 adopted to be effective September 8, 2014, 39 TexReg 7173. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 517 FINANCIAL ASSISTANCE B COST-SHARE ASSISTANCE FOR WATER SUPPLY ENHANCEMENT §517.38 Geospatial Analysis for Prioritizing Acreage Eligible for Cost-Share https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=168993&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 168993 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=168993&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 168993 03/11/2026 (a) In order to maximize the effective and efficient use of water supply enhancement grant funds, an SWCD participating in a water supply enhancement project must choose one of two options to provide technical assistance to landowners for brush control and to administer the water supply enhancement cost-share program.(b) Option A. Cooperative Agreement for Regional Conservation Technician. The participating SWCD agrees to allow a regional conservation technician, funded by the State Board through a different SWCD, to perform all duties and responsibilities associated with implementing a water supply enhancement project within the jurisdiction of the participating SWCD on behalf of the participating SWCD.(1) The participating SWCD will cooperate with the regional conservation technician and the State Board to implement the water supply enhancement project.(2) The participating SWCD will not be eligible for reimbursement of any costs associated with implementing the water supply enhancement project within the jurisdiction of the participating SWCD.(c) Option B. Participating SWCD Provides for Technical Assistance. If a participating SWCD chooses to administer the water supply enhancement program within the jurisdiction of that SWCD, as provided for by §517.32(a) of this subchapter, then the participating SWCD agrees to employ a district conservation technician to perform all duties and responsibilities necessary to provide technical assistance and to administer the cost-share program within the jurisdiction of the participating SWCD.(1) The State Board and regional conservation technicians will not perform duties and responsibilities associated with the provision of technical assistance or administering the cost-share program, but will provide guidance and direction to the participating SWCD on State Board rules, policies, and procedures.(2) The participating SWCD may be reimbursed by the State Board for actual costs incurred associated with implementing the water supply enhancement program, up to 15 percent of the cost-share allocation for that water supply enhancement project.(3) Costs incurred associated with either providing technical assistance and administering the cost-share program or administrative functions of implementing a water supply enhancement project and performed by an employee of the participating SWCD are eligible for reimbursement.(4) The maximum pay rate adopted in State Board Technical Assistance Rule §519.8 of this title shall also apply to salary costs incurred associated with administrative functions performed by participating SWCDs. Source Note: The provisions of this §517.39 adopted to be effective September 8, 2014, 39 TexReg 7173. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 517 FINANCIAL ASSISTANCE B COST-SHARE ASSISTANCE FOR WATER SUPPLY ENHANCEMENT §517.39 Provisions for SWCDs to Provide Technical Assistance to Landowners for Brush Control and to Administer the Water Supply Enhancement Cost-Share Program https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=78266&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 78266 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=78266&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 78266 03/11/2026 Use of state funds. The Texas State Soil and Water Conservation Board may use state funds to provide training and education for its employees in accordance with provisions of the Texas Government Code, §§656.044 - 656.049.(1) Training to be duty related. The training or education shall be related to the duties or prospective duties of the employee.(2) Attendance may be required. A State Board employee may be required to attend, as part of the employee's duties, a training or education program related to the employee's duties or prospective duties.(3) Training program outline. The training and educational program of the State Board may include the following elements:(A) preparing for technological and legal development;(B) increasing work capabilities; and(C) increasing the competence of State Board employees.(4) Purposes for which public funds may be used. The State Board may spend public funds as appropriate to pay the salary, tuition and other fees, mileage and per diem, training, expenses of training materials, and other necessary expenses of an instructor, or an employee in a training or education program.(5) Interagency coordination. The State Board may contract with another state, local or federal department, agency, or institution, including a state-supported college or university, to train or educate its employees or may join in presenting a training or educational program.(6) Approval subject to available funds and workload. Approval to participate in a training program is not automatic and may be subject to the availability of funds within the State Board's budget or the current or anticipated workload of the employee requesting a specific time period for a training program.(7) Components of program. The employee-training program for the board consists of training, seminars and conferences, as set out and described in paragraph (8) and (9) of this section.(8) State Board-sponsored training. The State Board may pay for in-house training for State Board employees, as provided.(9) Seminars and conferences. The State Board may also pay for training seminars or conferences unavailable in-house and related to a current or prospective duty assignment. Requests to attend an external training program, seminar or conference must be approved by the employee's direct program director. Training, seminars or conferences which are required to maintain a professional license will be considered a priority in allocating a program's training budget if the license is a requirement of the employee's job. Attendance at an approved training program, seminar or conference will be considered part of the employee's normal work duties. An employee will not be required to use accrued leave to attend an approved training program, seminar or conference. Source Note: The provisions of this §518.1 adopted to be effective May 8, 2000, 25 TexReg 4187. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 518 GENERAL PROCEDURES A EMPLOYEE TRAINING RULES §518.1 Policy Statement https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=78265&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 78265 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=78265&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 78265 03/11/2026 The approval of a training program is not a guarantee or indication that approval will be granted for subsequent training programs. Approval to participate in a training program, including State Board-sponsored training, seminars or conferences shall not in any way constitute a guarantee or indication of continued employment, nor shall it constitute a guarantee of future employment in a current prospective position. Source Note: The provisions of this §518.2 adopted to be effective May 8, 2000, 25 TexReg 4187. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 518 GENERAL PROCEDURES A EMPLOYEE TRAINING RULES §518.2 Approval to Participate in a Training Program, Including State Board-Sponsored Training, Seminars or Conferences Shall Not in Any Way Affect an Employee's at Will Status https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161449&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 161449 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161449&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 161449 03/11/2026 In accordance with Texas Government Code §2161.003, the board adopts by reference the rules of the Comptroller of Public Accounts in 34 TAC Part 1, Chapter 20, Subchapter B (relating to Historically Underutilized Business Program). Source Note: The provisions of this §518.5 adopted to be effective February 23, 2005, 30 TexReg 908; amended to be effective April 12, 2010, 35 TexReg 2856; amended to be effective April 9, 2013, 38 TexReg 2226. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 518 GENERAL PROCEDURES B HISTORICALLY UNDERUTILIZED BUSINESS PROGRAM §518.5 Historically Underutilized Business Program https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214405&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214405 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214405&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214405 03/11/2026 Pursuant to Government Code, Sec. 2171.1045, each state agency shall adopt rules, consistent with the management plan adopted under Section 2171.104, relating to the assignment and use of the agency's vehicles. Accordingly, the State Board shall ensure:(1) each agency vehicle, with the exception of a vehicle assigned to a field employee, be assigned to the agency motor pool and be available for checkout; and(2) the agency may assign a vehicle to an individual administrative or executive employee on a regular or everyday basis only if the agency makes a written documented finding that the assignment is critical to the needs and mission of the agency. Source Note: The provisions of this §518.10 adopted to be effective August 13, 2023, 48 TexReg 4267. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 518 GENERAL PROCEDURES C RESTRICTIONS ON ASSIGNMENT OF VEHICLES §518.10 Relating to the Assignment and Use of the Agency's Vehicles Designation https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=78267&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 78267 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=78267&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 78267 03/11/2026 It is the policy of the State Soil and Water Conservation Board to develop and implement a program to provide technical assistance for the development and implementation of soil and water conservation plans and soil and water conservation measures. In accordance with this purpose, §§519.1-519.12 of this title (relating to Technical Assistance Program) are adopted. Source Note: The provisions of this §519.1 adopted to be effective October 23, 1986, 11 TexReg 4248; amended to be effective May 8, 2000, 25 TexReg 4187. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 519 TECHNICAL ASSISTANCE A TECHNICAL ASSISTANCE PROGRAM §519.1 Policy Statement https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19539&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19539 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19539&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19539 03/11/2026 The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) District--A soil and water conservation district created under the Agriculture Code of Texas, Chapter 201.(2) State board--The Texas State Soil and Water Conservation Board created under the Agriculture Code of Texas, Chapter 201. Source Note: The provisions of this §519.2 adopted to be effective October 23, 1986, 11 TexReg 4248. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 519 TECHNICAL ASSISTANCE A TECHNICAL ASSISTANCE PROGRAM §519.2 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19503&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19503 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19503&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19503 03/11/2026 Funds appropriated from the general revenue fund and other sources for technical assistance may be used by the state board to reimburse districts for salaries or wages paid to technical personnel of a district for performing or being trained to perform those duties included in §519.7(a) of this title (relating to Eligible Expenditures), and for other purposes specifically approved by the state board as provided for in §519.7(b) of this title (relating to Eligible Expenditures). Source Note: The provisions of this §519.3 adopted to be effective October 23, 1986, 11 TexReg 4248. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 519 TECHNICAL ASSISTANCE A TECHNICAL ASSISTANCE PROGRAM §519.3 Use of Funds https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19540&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19540 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19540&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19540 03/11/2026 The state board may allocate funds appropriated from the general revenue fund and other sources for technical assistance to districts, and may adjust such allocations throughout the year as district needs and available funds change in order to achieve the most efficient use of state funds. The state board may also allocate such funds for other purposes as provided for in §519.7(b) of this title (relating to Eligible Expenditures), and may adjust such allocations to meet changing conditions. Source Note: The provisions of this §519.4 adopted to be effective October 23, 1986, 11 TexReg 4248. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 519 TECHNICAL ASSISTANCE A TECHNICAL ASSISTANCE PROGRAM §519.4 Allocation of Funds https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3743&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3743 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3743&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3743 03/11/2026 Districts must submit requests for allocations of technical assistance funds under this subchapter to the state board on forms provided by the state board, and shall include all information required by such forms. Source Note: The provisions of this §519.5 adopted to be effective October 23, 1986, 11 TexReg 4248. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 519 TECHNICAL ASSISTANCE A TECHNICAL ASSISTANCE PROGRAM §519.5 Requests for Allocations https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19541&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19541 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19541&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19541 03/11/2026 The state board may consider and approve, reject or adjust district requests for allocations giving consideration to relative need for funding, district workload and fund balances, as well as other information deemed necessary by the state board. Only districts for which the state board has established an allocation are eligible to claim funds under this subchapter. Source Note: The provisions of this §519.6 adopted to be effective October 23, 1986, 11 TexReg 4248. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 519 TECHNICAL ASSISTANCE A TECHNICAL ASSISTANCE PROGRAM §519.6 Approval of Allocations https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=78268&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 78268 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=78268&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 78268 03/11/2026 (a) Expenditures eligible for reimbursement include the wages or salary paid to a district soil conservation technician. A soil conservation technician generally works with owners and operators of agricultural or other lands on activities associated with planning, administration, installation and maintenance of conservation practices.(b) Other expenditures specifically approved as eligible expenditures by the state board include, but are not limited to:(1) Wages and salaries paid to technicians at plant materials centers.(2) Employer's matching on Social Security and Medicare wages.(3) Other activities contributing to the carrying out of district responsibilities. Source Note: The provisions of this §519.7 adopted to be effective October 23, 1986, 11 TexReg 4248; amended to be effective May 8, 2000, 25 TexReg 4187. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 519 TECHNICAL ASSISTANCE A TECHNICAL ASSISTANCE PROGRAM §519.7 Eligible Expenditures https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215098&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 215098 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215098&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 215098 03/11/2026 The State Board will establish a maximum hourly pay rate prior to the beginning of each biennium. Established pay rates will not exceed a 40-hour maximum per week. Expenditures for wages or salaries above the maximum pay rate or expenditures for hours over the maximum hours per week will not otherwise be eligible for reimbursement without prior approval from the State Board. If no new rate is established, the existing rate remains in effect. Source Note: The provisions of this §519.8 adopted to be effective October 23, 1986, 11 TexReg 4248; amended to be effective May 18, 1992, 17 TexReg 3252; amended to be effective April 10, 2001, 26 TexReg 2748; amended to be effective January 1, 2008, 32 TexReg 9352; amended to be effective May 1, 2016, 41 TexReg 2970; amended to be effective September 28, 2023, 48 TexReg 5552. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 519 TECHNICAL ASSISTANCE A TECHNICAL ASSISTANCE PROGRAM §519.8 Eligible Pay Rates https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=129685&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 129685 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=129685&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 129685 03/11/2026 (a) On the first working day of each fiscal year or as soon as possible thereafter, the State Board shall provide notice to each district of the amount allocated to that district for the fiscal year.(b) payments shall be made on a reimbursement basis.(1) each district receiving funds under provisions of this chapter shall file with the State Board a monthly report of expenditures no later than the 30th of the month following the end of each reporting period on forms provided by the State Board.(2) upon verification that the reports are in order, the State Board shall cause payment for reimbursement of expenses to be made to the district.(3) upon receipt of the last monthly report, the State Board shall perform a reconciliation of funds and pay the claim accordingly.(4) the district has complied with the reporting requirements of §519.10 and §519.11 of this chapter. Source Note: The provisions of this §519.9 adopted to be effective May 8, 2000, 25 TexReg 4187; amended to be effective March 17, 2004, 29 TexReg 2651; amended to be effective April 1, 2007, 32 TexReg 1749. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 519 TECHNICAL ASSISTANCE A TECHNICAL ASSISTANCE PROGRAM §519.9 Payment of State Funds https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=108326&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 108326 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=108326&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 108326 03/11/2026 The district shall file an Annual Grant Summary Report on or before September 30 of each year on forms provided by the State Board. Source Note: The provisions of this §519.10 adopted to be effective May 8, 2000, 25 TexReg 4187; amended to be effective March 17, 2004, 29 TexReg 2651. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 519 TECHNICAL ASSISTANCE A TECHNICAL ASSISTANCE PROGRAM §519.10 Reports Required https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=78275&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 78275 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=78275&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 78275 03/11/2026 The State Board shall have access to all district records for the purpose of verifying compliance with the provisions of this subchapter and other state requirements. The State Board may withhold funds under this subchapter from districts found to be in violation of this subchapter or other state requirements and may require districts to reimburse the State Board for expenditures claimed and reimbursed that are found to be in violation of this subchapter or other state requirements. Any district which has not met the filling requirements of §525.7 of this title, will not receive reimbursements under this subchapter until such reports are received in the State Office in Temple. Source Note: The provisions of this §519.11 adopted to be effective May 8, 2000, 25 TexReg 4187. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 519 TECHNICAL ASSISTANCE A TECHNICAL ASSISTANCE PROGRAM §519.11 Audits https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=78276&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 78276 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=78276&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 78276 03/11/2026 The State Board may withhold funds under this subchapter from districts or other entities found by the State Board to be in violation of state nepotism statutes. Source Note: The provisions of this §519.12 adopted to be effective May 8, 2000, 25 TexReg 4187. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 519 TECHNICAL ASSISTANCE A TECHNICAL ASSISTANCE PROGRAM §519.12 Nepotism https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=93518&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 93518 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=93518&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 93518 03/11/2026 It is the policy of the State Soil and Water Conservation Board to implement the intent of the 77th Legislature, 2001 and H.B. 2310 by developing procedures for soil and water conservation districts to conduct elections that afford an optimum opportunity for eligible voters, as defined in §201.003, Agriculture Code, to participate. In accordance with this purpose, §§520.1 - 520.6 of this title (relating to Election Procedures) are adopted to implement the Agriculture Code of Texas, Subchapter A, §§201.003 - 201.004 and Subchapter D, §§201.073 - 201.076. Source Note: The provisions of this §520.1 adopted to be effective April 7, 2002, 27 TexReg 2534. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 520 DISTRICT OPERATIONS A ELECTION PROCEDURES §520.1 Policy Statement https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213414&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 213414 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213414&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 213414 03/11/2026 The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise.(1) District--A soil and water conservation district created under the Agriculture Code of Texas, Chapter 201.(2) Eligible Voter--A person or a family farm corporation designated corporate officer as defined in §201.003 Agriculture Code of Texas is eligible to vote in a district election.(3) Executive Director--The Executive Director of the Texas State Soil and Water Conservation Board.(4) State Board--The Texas State Soil and Water Conservation Board created under the Agriculture Code of Texas, Chapter 201.(5) State Office--The State Board headquarters office located at 1497 Country View Lane, Temple, Texas 76504 Source Note: The provisions of this §520.2 adopted to be effective April 7, 2002, 27 TexReg 2534; amended to be effective April 25, 2012, 37 TexReg 2877; amended to be effective May 8, 2023, 48 TexReg 2378. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 520 DISTRICT OPERATIONS A ELECTION PROCEDURES §520.2 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213415&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 213415 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213415&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 213415 03/11/2026 (a) Districts shall:(1) Adopt rules for conducting elections consistent with §201.073, Agriculture Code of Texas.(2) Administer elections consistent with their adopted rules.(3) Prior to adoption or any subsequent amending of election rules, submit a draft copy for approval by the Executive Director or his designee for the purpose of assuring uniformity and consistency with legal requirements as set out in Chapter 201, Agriculture Code of Texas.(4) Maintain a copy of adopted rules with the State Board and maintain a copy of adopted rules at their office for public review.(b) Districts are required to use all election forms prescribed by the State Board; and must file all original completed forms required by the State Board with the State Board and retain copies for their files. Unless specifically requested to file original forms, districts may file completed forms electronically with the State Board and retain the original copies for their files.(c) A district election conducted under §201.073, Agriculture Code of Texas shall be preceded by posting of notice(s) consistent with §201.004 and §201.073, Agriculture Code of Texas.(d) In the event that no one files a written notice of candidacy as prescribed by §201.073(b), Agriculture Code of Texas, it is presumed that any incumbent in that position has resigned and vacated the position and a vacancy exists from the election date forward. The board by majority vote may then appoint a director for the vacancy as prescribed by §201.076, Agriculture Code of Texas, provided the appointment is not an individual presumed to have resigned from that position. Source Note: The provisions of this §520.3 adopted to be effective April 7, 2002, 27 TexReg 2534; amended to be effective April 25, 2012, 37 TexReg 2878; amended to be effective May 8, 2023, 48 TexReg 2378. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 520 DISTRICT OPERATIONS A ELECTION PROCEDURES §520.3 District Conducted Elections; Notice https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=93515&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 93515 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=93515&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 93515 03/11/2026 (a) Should the State Board call for a district election as provided in §201.076, Agriculture Code of Texas, then the State Board may call upon the Executive Director or his designee to:(1) Conduct the election in the manner provided by §201.073, Agriculture Code of Texas, except that the State Board shall designate the date, time and place of the election and early voting.(2) Conduct the election consistent with the rules adopted by the individual district, except the Executive Director shall designate all necessary election officials and shall decide all election issues required under the district election rules.(3) Coordinate with the individual district to the extent possible.(4) Utilize all election forms prescribed for district use and be responsible for their completion and filing and providing copies to the district.(b) A district election called for by the State Board under §201.076, Agriculture Code of Texas, shall be preceded by the Executive Director or his designee posting notice(s) consistent with §201.004 and §201.073, Agriculture Code of Texas and district rules. Source Note: The provisions of this §520.4 adopted to be effective April 7, 2002, 27 TexReg 2534. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 520 DISTRICT OPERATIONS A ELECTION PROCEDURES §520.4 State Board Conducted District Elections; Notice https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213416&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 213416 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213416&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 213416 03/11/2026 (a) The State Board may consider and approve or amend certain election forms and require districts to utilize the forms for the purpose of assuring uniformity and consistency with legal requirements as set out in Chapter 201, Agriculture Code of Texas.(b) The State Board may require districts to submit original copies of certain completed election forms to the State Board State Office for filing. Unless specifically requested to submit original copies, districts may submit completed forms electronically to the State Office. Districts should retain copies of any originals submitted to the State Office or the originals if electronic forms are sent to the State Office.(c) Original copies of requested election forms, recorded proceedings of the election, and certification of the name and proper address of the person elected shall be sent to the State Board State Office no later than the fifth day after the date of the election, as specified in §201.073, Agriculture Code of Texas. Source Note: The provisions of this §520.5 adopted to be effective April 7, 2002, 27 TexReg 2534; amended to be effective May 8, 2023, 48 TexReg 2378. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 520 DISTRICT OPERATIONS A ELECTION PROCEDURES §520.5 Election Forms; Reporting https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=93517&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 93517 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=93517&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 93517 03/11/2026 Districts shall adhere to these rules and any subsequent rules adopted by the district relating to elections. The State Board shall have access to all district records for the purpose of verifying compliance with the provisions of this subchapter and other state requirements. Source Note: The provisions of this §520.6 adopted to be effective April 7, 2002, 27 TexReg 2534. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 520 DISTRICT OPERATIONS A ELECTION PROCEDURES §520.6 Adherence to Rules Required https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=131392&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 131392 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=131392&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 131392 03/11/2026 It is the policy of the State Soil and Water Conservation Board for soil and water conservation districts that receive state funds or administer programs for the state to implement internal controls for the handling of public funds and to conduct their board meetings in accordance with applicable laws and regulations. Source Note: The provisions of this §520.11 adopted to be effective August 23, 2007, 32 TexReg 5184. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 520 DISTRICT OPERATIONS B REQUIREMENTS TO RECEIVE STATE FUNDS OR ADMINISTER STATE PROGRAMS §520.11 Policy Statement https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=131393&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 131393 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=131393&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 131393 03/11/2026 The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) District--A soil and water conservation district created under the Agriculture Code of Texas, Chapter 201.(2) State Board--The Texas State Soil and Water Conservation Board created under the Agriculture Code of Texas, Chapter 201. Source Note: The provisions of this §520.12 adopted to be effective August 23, 2007, 32 TexReg 5184. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 520 DISTRICT OPERATIONS B REQUIREMENTS TO RECEIVE STATE FUNDS OR ADMINISTER STATE PROGRAMS §520.12 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=131394&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 131394 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=131394&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 131394 03/11/2026 (a) In accordance with Chapter 201, Agriculture Code of Texas, the State Board may allocate available funds to districts and may designate particular districts to administer certain programs and may adopt rules to carry out the programs.(b) In order to be designated to administer certain programs and to receive funds and/or cost share assistance from the State Board, a district must provide evidence to the State Board that:(1) it is conducting regularly scheduled meetings that are timely to properly handle financial and contractual obligations, and(2) it is implementing internal controls for handling public funds that complies with Chapter 201, Agriculture Code, other applicable laws and regulations and State Board guidance documents, including the Manual of Fiscal Operations. Source Note: The provisions of this §520.13 adopted to be effective August 23, 2007, 32 TexReg 5184. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 520 DISTRICT OPERATIONS B REQUIREMENTS TO RECEIVE STATE FUNDS OR ADMINISTER STATE PROGRAMS §520.13 District Participation in State Board Programs https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=78279&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 78279 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=78279&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 78279 03/11/2026 It is the policy of the State Soil and Water Conservation Board to implement the intent of the 69th Legislature, 1985, and House Bill 2, by developing a program for agricultural soil and water conservation to conserve the state's soil and water resources and provide resulting benefits to all of the state's citizens. In accordance with this purpose, §§521.1-521.13 of this title (relating to Technical Assistance Program for Soil and Water Conservation Land Improvement Measures) are adopted to implement the Agriculture Code of Texas, Subchapter H, §§201.201-201.204. Source Note: The provisions of this §521.1 adopted to be effective April 21, 1986, 11 TexReg 1687; amended to be effective May 8, 2000, 25 TexReg 4188. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 521 AGRICULTURAL WATER CONSERVATION A TECHNICAL ASSISTANCE PROGRAM FOR SOIL AND WATER CONSERVATION LAND IMPROVEMENT MEASURES §521.1 Policy Statement https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19548&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19548 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19548&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19548 03/11/2026 The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) District--A soil and water conservation district created under the Agriculture Code of Texas, Chapter 201.(2) Executive director--The executive director of the Texas State Soil and Water Conservation Board.(3) State board--The Texas State Soil and Water Conservation Board created under the Agriculture Code of Texas, Chapter 201.(4) Technical assistance--Technical and professional services and activities deemed necessary by the state board for the development and implementation of soil and water conservation plans and soil and water conservation land improvement measures. Source Note: The provisions of this §521.2 adopted to be effective April 21, 1986, 11 TexReg 1687. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 521 AGRICULTURAL WATER CONSERVATION A TECHNICAL ASSISTANCE PROGRAM FOR SOIL AND WATER CONSERVATION LAND IMPROVEMENT MEASURES §521.2 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3745&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3745 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3745&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3745 03/11/2026 In accordance with the Texas Water Code, §15.435, and the Agriculture Code of Texas, §201.202(b), the state board will give priority in expenditure of funds to those areas of the state, which in the opinion of the board, have the most critical water conservation needs as brought to the attention of the state board, and to the activities, which in the opinion of the state board, will be most likely to produce substantial agricultural soil and water conservation. Source Note: The provisions of this §521.3 adopted to be effective April 21, 1986, 11 TexReg 1687. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 521 AGRICULTURAL WATER CONSERVATION A TECHNICAL ASSISTANCE PROGRAM FOR SOIL AND WATER CONSERVATION LAND IMPROVEMENT MEASURES §521.3 Guidelines https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19543&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19543 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19543&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19543 03/11/2026 In accordance with the Agriculture Code of Texas, §201.202, the state board may provide for technical assistance to landowners and operators for soil and water conservation land improvement measures and soil and water conservation plans developed jointly by landowners and operators and local soil and water conservation districts and endorsed and approved by the state board. Source Note: The provisions of this §521.4 adopted to be effective April 21, 1986, 11 TexReg 1687. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 521 AGRICULTURAL WATER CONSERVATION A TECHNICAL ASSISTANCE PROGRAM FOR SOIL AND WATER CONSERVATION LAND IMPROVEMENT MEASURES §521.4 Purpose https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19545&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19545 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19545&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19545 03/11/2026 The state board may approve areas within the state where critical soil and water conservation needs are known to the state board to exist and activities that will be most likely in the opinion of the state board to produce substantial soil and water conservation. Source Note: The provisions of this §521.5 adopted to be effective April 21, 1986, 11 TexReg 1687. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 521 AGRICULTURAL WATER CONSERVATION A TECHNICAL ASSISTANCE PROGRAM FOR SOIL AND WATER CONSERVATION LAND IMPROVEMENT MEASURES §521.5 Priorities https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19549&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19549 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19549&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19549 03/11/2026 In accordance with the Agriculture Code of Texas, §201.203, a district, all or part of which is located within an area approved in accordance with §521. 5 of this title (relating to Priorities) may be considered eligible to administer technical assistance programs under these sections upon presentation of evidence satisfactory to the state board that such district is able to provide and supervise technical assistance to landowners and operators within its jurisdiction subject to availability of funds, and upon justification of the need for funds based upon current fund balances of the district. Source Note: The provisions of this §521.6 adopted to be effective April 21, 1986, 11 TexReg 1687. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 521 AGRICULTURAL WATER CONSERVATION A TECHNICAL ASSISTANCE PROGRAM FOR SOIL AND WATER CONSERVATION LAND IMPROVEMENT MEASURES §521.6 Eligible Districts https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=78280&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 78280 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=78280&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 78280 03/11/2026 (a) Eligible districts, upon approval by the state board, may receive funds for salaries or wages paid to district personnel for performing or being trained to perform technical assistance duties in relation to priorities established under §521.5 of this title (relating to Priorities). Such funds will be limited to the allocations set by the state board. Employment related expenses other than salaries or wages and the employer's matching of Social Security and Medicare taxes shall be borne by the district.(b) Other activities approved by the State Board under these sections may be eligible for funding. Source Note: The provisions of this §521.7 adopted to be effective April 21, 1986, 11 TexReg 1687; amended to be effective May 8, 2000, 25 TexReg 4188. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 521 AGRICULTURAL WATER CONSERVATION A TECHNICAL ASSISTANCE PROGRAM FOR SOIL AND WATER CONSERVATION LAND IMPROVEMENT MEASURES §521.7 Eligible Expenditures https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=28592&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 28592 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=28592&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 28592 03/11/2026 Eligible districts may apply for allocations of technical assistance funds under these sections in the manner prescribed by the state board, and shall include such information as required by the state board. Source Note: The provisions of this §521.8 adopted to be effective April 21, 1986, 11 TexReg 1687. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 521 AGRICULTURAL WATER CONSERVATION A TECHNICAL ASSISTANCE PROGRAM FOR SOIL AND WATER CONSERVATION LAND IMPROVEMENT MEASURES §521.8 Applications https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=31194&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 31194 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=31194&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 31194 03/11/2026 The state board may consider and approve or reject district applications, program expenditures, and fund allocations, giving consideration to the guidelines under §521.3 of this title (relating to Guidelines) and priorities under §521.5 of this title (relating to Priorities), as well as other information deemed necessary by the state board. The state board may adjust eligible expenditures and allocations throughout the year in order to achieve the most efficient use of state funds. Source Note: The provisions of this §521.9 adopted to be effective April 21, 1986, 11 TexReg 1687. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 521 AGRICULTURAL WATER CONSERVATION A TECHNICAL ASSISTANCE PROGRAM FOR SOIL AND WATER CONSERVATION LAND IMPROVEMENT MEASURES §521.9 Approval of Expenditures https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=108327&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 108327 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=108327&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 108327 03/11/2026 (a) On the first working day of each fiscal year or as soon as possible thereafter, the State Board shall cause to be paid to each district 25% of the amount allocated to that district for the fiscal year.(b) Additional payments shall be made on a reimbursement basis.(1) each district receiving funds under provisions of this chapter shall file with the state Board a monthly report of expenditures no later than the 30th of the month following the end of each reporting period on forms provided by the State Board.(2) upon verification that the reports are in order, the State Board shall cause payment for reimbursement of expenses to be made to the district.(3) upon receipt of the last monthly report, the State Board shall perform a reconciliation of funds and pay the claim accordingly.(4) the district has complied with the reporting requirements of §521.11 and §521.12 of this chapter.(c) any unexpended and unobligated balance on the district books at August 31 will be treated as a payment toward that district's allocation for the subsequent fiscal year. Source Note: The provisions of this §521.10 adopted to be effective May 8, 2000, 25 TexReg 4188; amended to be effective March 17, 2004, 29 TexReg 2652. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 521 AGRICULTURAL WATER CONSERVATION A TECHNICAL ASSISTANCE PROGRAM FOR SOIL AND WATER CONSERVATION LAND IMPROVEMENT MEASURES §521.10 Payment of State Funds https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=108328&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 108328 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=108328&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 108328 03/11/2026 The district shall file an Annual Grant Summary Report on or before September 30 of each year on forms provided by the State Board. Source Note: The provisions of this §521.11 adopted to be effective May 8, 2000, 25 TexReg 4188; amended to be effective March 17, 2004, 29 TexReg 2652. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 521 AGRICULTURAL WATER CONSERVATION A TECHNICAL ASSISTANCE PROGRAM FOR SOIL AND WATER CONSERVATION LAND IMPROVEMENT MEASURES §521.11 Reports Required https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=78284&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 78284 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=78284&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 78284 03/11/2026 The State Board shall have access to all district records for the purpose of verifying compliance with the provisions of this subchapter and other state requirements. The State Board may withhold funds under this subchapter from districts found to be in violation of this subchapter or other state requirements and may require districts to reimburse the State Board for expenditures claimed and reimbursed that are found to be in violation of this subchapter or other state requirements. Any district which has not met the filing requirements of §525.7 of this title, will not receive reimbursements under this subchapter until such reports are received in the State Office in Temple. Source Note: The provisions of this §521.12 adopted to be effective May 8, 2000, 25 TexReg 4188. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 521 AGRICULTURAL WATER CONSERVATION A TECHNICAL ASSISTANCE PROGRAM FOR SOIL AND WATER CONSERVATION LAND IMPROVEMENT MEASURES §521.12 Audits https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=78281&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 78281 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=78281&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 78281 03/11/2026 When requests for funding exceed available funds, the State Board will prioritize requests in accordance with the guidelines in §521.3 of this title (relating to Guidelines). Source Note: The provisions of this §521.13 adopted to be effective May 8, 2000, 25 TexReg 4188. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 521 AGRICULTURAL WATER CONSERVATION A TECHNICAL ASSISTANCE PROGRAM FOR SOIL AND WATER CONSERVATION LAND IMPROVEMENT MEASURES §521.13 Priority in Expenditure of Funds https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=162729&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 162729 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=162729&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 162729 03/11/2026 (a) The Texas State Soil and Water Conservation Board (State Board) is the lead agency in this state for activity relating to abating agricultural and silvicultural nonpoint source pollution.(1) Nonpoint source pollution is pollution caused by diffuse sources that are not regulated as point sources and normally is associated with, but is not limited to agricultural, silvicultural, and urban runoff including construction activities. Such pollution is the result of human-made or human-induced alteration of the chemical, physical, biological, and radiological integrity of water. In practical terms nonpoint source pollution does not result from a discharge at a specific, single location (such as a single pipe) but generally results from land runoff, precipitation, atmospheric deposition, or percolation. Pollution from nonpoint sources occurs when the rate at which pollutant materials entering water bodies or groundwater exceeds natural rates or total loadings exceed natural loadings.(A) Possible nonpoint source pollutants associated with agricultural and silvicultural activities include nutrients, pesticides, organic matter, sediment, and animal wastes. These pollutants may be transported to surface waters in solution with runoff water, suspended in runoff water, or adsorbed on eroded soil particles. The primary concern about agricultural and silvicultural impacts on groundwater relate to use of pesticides, nutrients and potential leaching of these compounds to groundwater or surface runoff entering groundwater through avenues such as abandoned and improperly constructed wells.(B) Animal feeding operations, in their entirety as a single functioning facility, may be considered a point or a nonpoint source depending on size, location, and other considerations. For the purposes of this chapter, all animal feeding operations not required to obtain a permit from the Texas Commission on Environmental Quality are nonpoint sources.(2) Agriculture includes, but is not limited to, the following activities: cultivating the soil; producing crops for human food, animal feed, planting seed, or fiber; floriculture; viticulture; horticulture; aquaculture; raising or keeping livestock or poultry; and planting cover crops or leaving land idle for the purpose of participating in any governmental program or normal crop or livestock rotation procedure.(3) Silviculture includes, but is not limited to, the following activities: practices to establish, nurture, protect, and enhance the desired growth of trees for human and/or wildlife benefit; natural or planted afforestation; the propagation and culture of tree seedlings, tree saplings, and Christmas trees; controlling, suppressing, or culling unwanted woody or herbaceous vegetation in a forested area; establishing and/or maintaining strips or belts of trees for purposes of providing wildlife habitat, wind breaks, or riparian buffers; construction and maintenance of roads and fire lanes; practices and operations that facilitate the harvesting, handling, and removing timber products from a site where they were grown.(b) As the lead agency, the State Board shall plan, implement, and manage programs and practices for abating agricultural and silvicultural nonpoint source pollution. At a minimum, these programs shall include:(1) a water quality management plan certification program required by Agriculture Code §201.026(g);(2) a nonpoint source grant program funded by §319(h) of the federal Clean Water Act, as well as available non-federal appropriations provided by the Texas Legislature, to initiate planning, assessment, education, demonstration, research, or implementation projects and programs associated with the effective administration of the Texas Nonpoint Source Management Program;(3) a total maximum daily load program in cooperation with the Texas Commission on Environmental Quality and as required by §303(d) of the federal Clean Water Act; the State Board may enter into an agreement with the Texas Commission on Environmental Quality regarding the effective coordination of agricultural and silvicultural nonpoint source pollution components of total maximum daily loads and total maximum daily load implementation plans; and;(4) a coastal nonpoint source pollution control program as required by §6217 of the Coastal Zone Act Reauthorization Amendments of 1990 in cooperation with the Coastal Coordination Council and the Texas Coastal Management Program as required by Natural Resources Code §33.052. Source Note: The provisions of this §523.1 adopted to be effective December 22, 1993, 18 TexReg 9106; amended to be effective March 21, 2004, 29 TexReg 2652; amended to be effective June 21, 2006, 31 TexReg 4867; amended to be effective December 23, 2008, 33 TexReg 10325; amended to be effective July 8, 2013, 38 TexReg 4384. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 523 AGRICULTURAL AND SILVICULTURAL WATER QUALITY MANAGEMENT §523.1 Scope and Jurisdiction https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=162730&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 162730 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=162730&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 162730 03/11/2026 (a) On its own petition or on the petition of a soil and water conservation district, the State Board may delineate an area having the potential to develop agricultural or silvicultural nonpoint source water pollution problems.(b) Problem areas may be delineated based on the following criteria:(1) data and information submitted by soil and water conservation districts;(2) data and information obtained by the State Board;(3) studies conducted by the State Board or soil and water conservation districts;(4) assessments, special studies, and programs and research conducted relative to surface and underground water quality pursuant to the Federal Clean Water Act, §§106, 305b, 314, and 319; the Coastal Zone Act Reauthorization Amendments (CZARA), §6217; the National Estuary Program; the Federal Insecticide, Fungicide, and Rodenticide Act; the Texas Water Code, §26.0135; the Texas Clean Rivers Program and data and information collected or obtained by other local, state, or federal governmental entities;(5) guidelines developed and promulgated by the State Board.(c) Allocation of resources will be based on priority considerations. In allocating resources for the programs specified in §523.1(b)(1) - (4) of this title, the State Board will consider the following:(1) known problems, where the State Board has determined that adequate data show the existence of a water quality problem caused by agricultural or silvicultural nonpoint sources;(2) potential problems, where the State Board has determined that the intensity and location of certain agricultural and silvicultural activities requires program implementation to prevent pollution problems caused by agricultural and silvicultural nonpoint source activities;(3) corrective action plans needing to be implemented, the economic impact on producers, and benefits to water quality. Corrective action plans may include, but are not limited to, watershed protection plans, total maximum daily loads and associated implementation plans, nonpoint source grant project plans, or certified water quality management plans. Source Note: The provisions of this §523.2 adopted to be effective December 22, 1993, 18 TexReg 9106; amended to be effective December 23, 2008, 33 TexReg 10325; amended to be effective July 8, 2013, 38 TexReg 4384. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 523 AGRICULTURAL AND SILVICULTURAL WATER QUALITY MANAGEMENT §523.2 Identification of Problem Areas https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=162731&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 162731 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=162731&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 162731 03/11/2026 (a) Purpose. The purpose of this program is to carry out the mandate in Agriculture Code §201.026(g) relating to the abatement of agricultural and silvicultural nonpoint source pollution through a water quality management plan certification program. (b) Definitions. For the purposes of this section the following definitions shall apply. (1) Animal feeding operation--A lot or facility (other than an aquatic animal production facility) where animals have been, are, or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period, and the animal confinement areas do not sustain crops, vegetation, forage growth, or postharvest residues in the normal growing season. (2) Coastal Zone Act Reauthorization Amendments--The 1990 amendments to the federal Coastal Zone Act that created the Coastal Nonpoint Program under §6217, "Protecting Coastal Waters." Under §6217, all states with approved coastal zone management programs must develop a Coastal Nonpoint Program to control polluted runoff to coastal waters. (3) Dry-litter poultry facility--A poultry animal feeding operation that does not use a liquid waste handling system. (4) Clean Water Act--Federal Water Pollution Control Act, 33 USC, §§1251 - 1387 (1977, as amended). (5) Field Office Technical Guide (FOTG)--The official Natural Resources Conservation Service guidelines, criteria, and standards for planning and applying conservation practices. (6) Natural Resources Conservation Service (NRCS)--An agency of the United States Department of Agriculture which includes the agency formerly known as the Soil Conservation Service (SCS). (7) Operating unit--Land or lands, whether contiguous or non-contiguous, owned and/or operated in a manner that contributes or has the potential to contribute agricultural or silvicultural nonpoint source pollution to water in the state. An operating unit must be determined through mutual agreement by the holder of the water quality management plan, the soil and water conservation district, and the State Board. When determining the applicability of an operating unit, the following criteria must be considered: (A) Contiguous lands under the same ownership and/or operational control must be considered one operating unit. (B) Non-contiguous lands under the same ownership and/or operational control may be considered as more than one operating unit when there is mutual agreement by the soil and water conservation district and the potential holder of the water quality management plan unless the lands are associated with an animal feeding operation. (C) An operating unit, when devised for an animal feeding operation, must at a minimum encompass all land or lands owned and/or operated by the holder of the water quality management plan that are used to produce feed that is consumed by the animals, as well as all land or lands owned and/or operated by the potential holder of the water quality management plan where manures or other agricultural by-products are beneficially used as a source of nutrients to produce food or fiber for any use. (D) Land or lands within the scope of an existing operating unit for a certified water quality management plan may not be separated from the existing operating unit to establish another operating unit unless the ownership of the lands being separated into a new operating unit has changed. (E) Where mutual agreement regarding an operating unit's consistency with these rules is not achieved by the potential holder of the water quality management plan, the soil and water conservation district, and the State Board, the State Board will make a final determination whether or not to certify the water quality management plan. (8) Practice standard--A technical specification for a conservation practice within the NRCS FOTG that contains information on why and where the practice should be applied, and sets forth the minimum quality criteria that must be met during the application of that practice in order for it to achieve its intended purpose(s). (9) Resource management system--A combination of conservation practices and resource management activities for the treatment of all identified resource concerns for soil, water, air, plants, animals, and humans that meets or exceeds the quality criteria in the NRCS FOTG for resource sustainability. (10) Soil and water conservation district (SWCD)--A governmental subdivision of this state and a public body corporate and politic, organized pursuant to Chapter 201 of the Agriculture Code. (11) State Board--The Texas State Soil and Water Conservation Board organized pursuant to Chapter 201 of the Agriculture Code. (12) Status Review--An assessment performed by the State Board on a water quality management plan for the purpose of determining adherence to the plan's implementation schedule and conservation plan of operations. (13) Texas Nonpoint Source Management Program--The comprehensive management strategy to protect and restore water impacted by nonpoint sources of pollution jointly developed and administered by the Texas Commission on Environmental Quality and the State Board and approved by the Governor of the State of Texas and the United States Environmental Protection Agency. (14) Texas surface water quality standards--The designation of water bodies for desirable uses and the narrative and numerical criteria deemed necessary to protect those uses established by the Texas Commission on Environmental Quality. (15) Water in the state--Groundwater, percolating or otherwise, lakes, bays, ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries, wetlands, marshes, inlets, canals, the Gulf of Mexico, inside the territorial limits of the state, and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, navigable or nonnavigable, and including the beds and banks of all watercourses and bodies of surface water, that are wholly or partially inside or bordering the state or inside the jurisdiction of the state. (16) Water quality management plan--A site specific plan for agricultural or silvicultural lands which includes appropriate land treatment practices, production practices, management measures, technologies or combinations thereof which when implemented will achieve a level of pollution prevention or abatement determined by the State Board in consultation with the local SWCD and Texas Commission on Environmental Quality to be consistent with Texas surface water quality standards. (c) Certification. (1) To be certified, a water quality management plan must at a minimum meet the resource quality criteria for water quality at the resource management system level specified within the NRCS FOTG and encompass all lands that constitute an operating unit for agricultural or silvicultural nonpoint source pollution abatement purposes. It is the decision of the State Board that the implementation of a water quality management plan based on the NRCS FOTG, including all practices required to minimally meet the resource quality criteria for water quality at the resource management system level, represents the best available technology for meeting Texas surface water quality standards. (2) The State Board may conditionally certify a water quality management plan for the purpose of demonstrating experimental technologies or alternative combinations of practice standards at the request of a landowner or operator. Conditional certification of a water quality management plan shall provide the landowner or operator all the benefits and limitations of certification under traditional circumstances. Conditional certification will remain applied to a water quality management plan until such time that the experimental technologies or alternative combinations of practice standards have been determined by the State Board to be equivalently effective as the traditionally applied practices for water quality criteria at the resource management system level within the NRCS FOTG. If the experimental technologies or alternative combinations of practice standards are determined to be not as effective as the traditionally applied practices for water quality criteria at the resource management system level within the NRCS FOTG, the State Board shall remove the conditional certification and the water quality management plan shall be considered not certified. Landowners or operators receiving conditional certification must enter into an agreement with the State Board allowing for intense monitoring of soil and water quality and compliance with management measures contained within the water quality management plan. (d) A water quality management plan should be modified and re-certified when there is a land use change of any part of the operating unit; an addition or deletion of significant acreage to or from the operating unit covered by the water quality management plan; alteration of planned permanent practice measures including addition or deletion of such; changes identified by research and advanced technology as being needed to meet Texas surface water quality standards; or when more stringent measures become necessary to meet Texas surface water quality standards. (e) Process for obtaining or modifying a Water Quality Management Plan. (1) Landowners and operators may request the development of a plan or plan modification by the local SWCD. Landowners and operators, following consultation with their SWCD, will be encouraged and aided in working with the SWCD in the preparation of a plan or plan modification based on standards adopted by the State Board to prevent or abate their nonpoint source pollution. (2) The SWCD will determine the priority of plan development or plan modification and subsequently cause the development and approval of the plan or plan modification. (3) Landowners and operators may appeal SWCD decisions relative to practices and practice standards to the State Board in the manner prescribed by the State Board. (4) When determined to be consistent with the provisions of subsection (c) of this section, the State Board may certify the plan. (f) Practice selection. (1) Practices eligible for water quality management planning will be selected by the State Board in consultation with the SWCD. (2) Practices will address activities determined by the State Board in consultation with the SWCD to be in need of pollution prevention or abatement. (3) Insofar as practicable, those practices shall be consistent with the Texas Nonpoint Source Management Program developed by the State Board and the Texas Commission on Environmental Quality pursuant to the federal Clean Water Act, §319 and Coastal Zone Act Reauthorization Amendments §6217. (g) Practice standards. (1) Practice standards will be based on specific local conditions. (2) Practice standards will be based on criteria in the NRCS, FOTG; however, modification of those practice standards to ensure consistency with Texas surface water quality standards and the Texas Nonpoint Source Management Program will be made as necessary. (3) Practice standards will be selected or developed in consultation with the local SWCD, with assistance and advice of the NRCS, Texas AgriLife Extension Service, Texas Forest Service, Texas AgriLife Research, Texas Commission on Environmental Quality, the local underground water conservation district and others as determined to be needed by the State Board. (h) Implementation schedule. (1) A water quality management plan must contain an implementation schedule. (2) The implementation schedule will, as far as is practicable, balance the state's need for protecting water quality with need of agricultural and silvicultural producers to have sufficient time to implement practices in an economically feasible manner. (3) Highest priority will be given to the implementation of the most cost effective and most needed pollution abatement practices. (4) The State Board in consultation with affected SWCD will conduct status reviews of plan implementation. (5) The State Board in consultation with the local SWCDs may withdraw certification of a water quality management plan that is not being implemented in accordance with its schedule. Prior to certification being withdrawn, a landowner will be notified and provided a reasonable period of time to implement the water quality management plan according to the schedule or a modified schedule approved by the SWCD. (6) The holder of a certified water quality management plan shall notify the local SWCD in the event he or she deviates from the implementation schedule. (i) Applicability of Texas surface water quality standards. To the extent allowed by available technology, water quality management plan development, approval and certification will be based on Texas surface water quality standards as established by the Texas Commission on Environmental Quality. (j) Water Quality Management Plans for Poultry Facilities. (1) All poultry facilities producing poultry for commercial purposes are required to develop and implement a certified water quality management plan covering the poultry operating unit. Poultry facilities must request development and certification or recertification of a water quality management plan prior to placing poultry at a new facility or placing additional poultry at an existing facility. (2) Poultry facilities may obtain a water quality management plan as prescribed in subsections (e) - (h) of this section, unless a facility is unable to attain certification based on conditions prescribed in paragraph (3) of this subsection. (3) After September 1, 2009 the State Board may not certify a water quality management plan for a proposed newly constructed poultry facility, or an existing poultry facility that proposes to expand by more than 50 percent the number of birds included in the existing certified water quality management plan as of September 1, 2009, that is located less than one half of one mile from a neighbor if the presence of the facility is likely to create a persistent nuisance odor for such neighbors, unless the facility provides an odor control plan the Texas Commission on Environmental Quality determines is sufficient to control odors. A facility that will house fewer than 10,000 total birds is unlikely to create a persistent nuisance odor. Within this paragraph and subparagraphs, the term neighbor includes business, off-site permanently inhabited residence, place of worship, or other poultry farm under separate ownership; and proposed facility has the meaning described in paragraph (2) of this subsection. (A) Factors that are considered likely to create a persistent nuisance odor and will require the proposed facility to submit an odor control plan are: (i) Any neighbor within one quarter of one mile of a proposed facility; (ii) Any neighbor between one quarter and one half of one mile in the prevailing wind direction of a proposed facility, considering both cool and warm seasons; (iii) Any school, place of worship, healthcare facility, or other poultry facility within one half of one mile of a proposed facility; (iv) Proposed facility will house more than 225,000 birds per flock; (v) Proposed facility will use a liquid waste handling system; or (vi) A notice of violation from the Texas Commission on Environmental Quality for odor has been issued to the proposed facility within the previous 12 months. (B) If none of the factors in subparagraph (A) of this paragraph apply to the proposed facility, the following table will be used to assess the site to determine if the proposed facility is likely to create a persistent nuisance odor for neighbors. If the total score from the assessment of each of the factors exceeds 50 points, the presence of the proposed facility is likely to cause a persistent nuisance odor for neighbors, and the proposed facility must provide an odor control plan the Texas Commission on Environmental Quality determines is sufficient to control odors. Attached Graphic(C) Any facility whose water quality management plan was previously certified by meeting the conditions of subparagraphs (A) or (B) of this paragraph or an approved odor control plan and proposes to expand the number of poultry at the facility, regardless of the percent of the expansion, must again submit to the process in subparagraphs (A) or (B) before the water quality management plan can be recertified. (D) Alternatively to meeting conditions of subparagraphs (A), (B), or (C) of this paragraph a proposed facility may obtain certification of a water quality management plan if subsections (e) - (h) of this section are met and each neighbor within one half of one mile of the proposed facility provides a consent form properly signed by the neighbor or authorized legal representative(s) of the neighbor. The form must contain the name, physical and mailing addresses of the neighbor and consent to location and operation of permanent odor sources of a poultry facility within one half of one mile of the neighbor. Such form(s) must be contained in the water quality management plan. (4) The State Board will maintain a listing of poultry facilities that have requested a certified water quality management plan. The list will indicate date of plan approval by the SWCD and date of certification by the State Board. The listing will also indicate status of implementation. (5) The State Board in consultation with the local SWCD will conduct status reviews of certified water quality management plans covering poultry facilities on a schedule determined by the State Board. (6) The State Board, in consultation with the local SWCD may withdraw certification of a water quality management plan that is not being implemented according to its schedule. Prior to certification being withdrawn, the owner/operator of the facilities will be notified and provided a reasonable period of time, as determined by the State Board, to implement the water quality management plan, which may, at the discretion of the local SWCD in accordance with State Board guidance be modified to allow implementation to occur. (7) The list developed and maintained under paragraph (4) of this subsection will be made available to the Texas Commission on Environmental Quality. (8) Landowners and operators after consultation with the SWCD may appeal SWCD decisions to the State Board. Source Note: The provisions of this §523.3 adopted to be effective December 22, 1993, 18 TexReg 9106; amended to be effective June 22, 1995, 20 TexReg 4270; amended to be effective June 20, 2000, 25 TexReg 5913; amended to be effective January 7, 2002, 27 TexReg 270; amended to be effective March 21, 2004, 29 TexReg 2652; amended to be effective June 21, 2006, 31 TexReg 4867; amended to be effective December 23, 2008, 33 TexReg 10325; amended to be effective January 6, 2010, 35 TexReg 106; amended to be effective September 1, 2010, 35 TexReg 7871; amended to be effective July 8, 2013, 38 TexReg4384. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 523 AGRICULTURAL AND SILVICULTURAL WATER QUALITY MANAGEMENT §523.3 Water Quality Management Plan Certification Program https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=139226&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 139226 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=139226&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 139226 03/11/2026 Complaints concerning the violation of a water quality management plan or a violation of a law or rule relating to nonpoint source pollution will be addressed as follows.(1) The State Board will investigate complaints regarding:(A) agricultural and silvicultural nonpoint sources;(B) operations with a certified water quality management plan;(C) operations that have applied for a water quality management plan;(D) nonpoint source problems related to operations needing a water quality management plan; and(E) general complaints regarding agricultural and silvicultural nonpoint source related pollution.(2) Determination of the need for action.(A) The State Board in consultation with the soil and water conservation district will make a determination relative to the need for action.(B) To the extent practicable, the complainant will be interviewed by the State Board and the soil and water conservation district prior to an investigation.(C) The State Board in consultation with the local soil and water conservation district will, based on complainant interviews and investigations, including a review of the water quality management plan on file with the State Board and/or the soil and water conservation district, determine whether or not the need for corrective action exists.(D) The State Board will inform the complainant of the outcome of a determination upon completion of the investigation and it is determined whether the need for corrective action exists.(E) Upon completion of an investigation by the State Board and all pertinent soil and water conservation districts, and provision of the final investigative determination to all complainants and operators interviewed and investigated, any complainant or operator interviewed or investigated shall be provided an opportunity for a hearing before members of the soil and water conservation district or districts involved in the investigation.(F) Subsequent to a hearing before members of the local soil and water conservation district or districts involved in the investigation, any complainant or operator interviewed or investigated may request a hearing before the State Board. The State Board may provide for the requested hearing at its discretion.(3) Corrective action plan. Once the determination of the need for action is made, a corrective action plan will be developed.(A) The corrective action plan must meet all requirements of a certified water quality management plan.(B) The corrective action plan will be developed in consultation with the soil and water conservation district in the same manner as a water quality management plan is developed.(C) The corrective action plan will be developed with the technical assistance from the Natural Resources Conservation Service, Texas AgriLife Extension Service, Texas Forest Service, the local underground water conservation district, and/or State Board as appropriate.(4) If the person upon whom the complaint was filed fails or refuses to take warranted corrective action within 45 days of notification of the outcome of the investigation, the State Board shall refer the complaint to the Texas Commission on Environmental Quality. Source Note: The provisions of this §523.4 adopted to be effective December 22, 1993, 18 TexReg 9106; amended to be effective June 20, 2000, 25 TexReg 5913; amended to be effective March 21, 2004, 29 TexReg 2652; amended to be effective December 20, 2005, 30 TexReg 8440; amended to be effective June 21, 2006, 31 TexReg 4867; amended to be effective December 23, 2008, 33 TexReg 10325. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 523 AGRICULTURAL AND SILVICULTURAL WATER QUALITY MANAGEMENT §523.4 Resolution of Complaints https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176570&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 176570 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176570&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 176570 03/11/2026 (a) The Texas State Soil and Water Conservation Board may enter into and maintain a Memorandum of Understanding with the Texas Commission on Environmental Quality which sets forth the coordination of jurisdictional authority, program responsibility, and procedural mechanisms for point and nonpoint source pollution programs.(b) Adoption of Memoranda of Understanding between the Texas State Soil and Water Conservation Board and Texas Commission on Environmental Quality.(1) This rule contains the memorandum of understanding ("MOU") between the Texas State Soil and Water Conservation Board and the Texas Commission on Environmental Quality, which sets forth the coordination of jurisdictional authority, program responsibility, and procedural mechanisms for point and nonpoint source pollution programs.(A) Whereas, the Texas State Soil and Water Conservation Board (the Board) is the lead agency in this state for planning, management, and abatement of agricultural and silvicultural nonpoint source pollution; and(B) Whereas, the Board shall represent the State before the United States Environmental Protection Agency (EPA), or other federal agencies on all matters relating to the planning, management, and abatement of agricultural and silvicultural nonpoint source pollution abatement; and(C) Whereas, for purposes of this MOU, the Board is responsible for nonpoint source pollution abatement and prevention activities on all agricultural and silvicultural land as required by Texas Water Code §26.1311; and(D) Whereas, the Board has established and implemented a water quality management plan (WQMP) certification program, in accordance with Texas Agriculture Code §201.026(g) for agricultural and silvicultural lands; and(E) Whereas, the Texas Commission on Environmental Quality (the Commission) is the state agency with primary responsibility for implementing the constitution and laws of the State related to the quality of water and air; and(F) Whereas, the Commission shall coordinate all its activities related to this MOU with the Board; and(G) Whereas, consistent with the intent of Federal Clean Water Act §319, the Board and the Commission are committed to coordinate and jointly administer the development and implementation of the Texas Nonpoint Source Management Program; and(H) Whereas the Board and the Commission are independently and directly awarded equal halves of the annual Federal Clean Water Act §319 grant program for nonpoint source pollution by the EPA, both agencies independently coordinate and administer the preparation of work projects under the grant; and(I) Whereas, for the purpose of this MOU, the Commission is responsible for the enforcement of all laws of the State related to water and air quality including point source and nonpoint source pollution regulations, including agricultural and silvicultural lands; and(J) Whereas, consistent with Texas law and public policy, the Board and Commission mutually desire to protect and maintain a high quality environment and the health of the people of the State; therefore(2) Now the Parties agree as follows:(A) The Commission agrees to:(i) Coordinate and administer the preparation of grant work projects for the Federal Clean Water Act §319 grant program that primarily target nonpoint source pollution from sources other than agriculture and silviculture.(ii) Execute cooperative agreements, associated amendments, grant awards, and contracts related to grant work projects coordinated and administered by the Commission. For those grant work projects, the Commission is independently responsible for monitoring, implementation, and providing EPA with the required financial and programmatic reporting information.(iii) Implement the provisions of the EPA approved Texas Nonpoint Source Management Program for non-agricultural/silvicultural surface and ground water nonpoint source pollution.(iv) Develop and maintain state guidance for all nonpoint source pollution abatement projects other than agricultural or silvicultural nonpoint source pollution projects as described by this MOU.(v) Coordinate with the Board those compliance and enforcement actions dealing with agricultural and silvicultural pollution.(vi) Provide to the Board all current forms, timetables, procedural rules, and any policy documents of the Commission for addressing and processing citizen complaints related to agricultural and silvicultural pollution.(vii) Refer to the Board complaints concerning violations of a WQMP or violations of laws or rules relating to agricultural or silvicultural nonpoint source pollution under the jurisdiction of the Board, except for any person referred to the Commission for enforcement action pursuant to clause (ix) of this subparagraph.(viii) Retain the responsibility for pursuing any enforcement action related to a violation of state environmental laws and regulations, inclusive of rules, orders, and nonpoint source pollution regulations (including those applied to agricultural and silvicultural lands).(ix) Pursue appropriate enforcement action in accordance with Commission rules against any person referred in accordance with paragraphs (4) and (5) of this subsection.(x) Ensure that any operation that was previously referred to the Commission by the Board for environmental non-compliance and subsequent decertification of a WQMP has resolved any Commission enforcement issues prior to referring the operation to the Board for WQMP development or investigation. Any such referral shall be accompanied by a letter to the Board stating the operation has resolved its Commission regulated environmental compliance issues.(B) The Board agrees to:(i) Coordinate and administer the preparation of grant work projects for the Federal Clean Water Act §319 grant program that primarily target nonpoint source pollution from agricultural and silvicultural sources.(ii) Execute cooperative agreements and associated amendments; and grant awards and contracts relating to grant work projects coordinated and administered by the Board. For those grant work projects, the Board is independently responsible for monitoring, implementation, and providing EPA with the required financial and programmatic reporting information.(iii) Implement the provisions of the EPA approved Texas Nonpoint Source Management Program for agricultural/silvicultural surface and ground water nonpoint source pollution.(iv) Provide the EPA with required reports for all agricultural/silvicultural projects funded through the Board by the Federal Clean Water Act §319. Reports will be submitted in accordance with EPA requirements.(v) Develop and maintain state guidance for agricultural or silvicultural nonpoint source pollution as described by this MOU and 31 TAC §523.1.(vi) Provide to the Commission information about agricultural and silvicultural activities required for the annual evaluation of the state's implementation of the Texas Nonpoint Source Management Program.(vii) Process citizen complaints related to agricultural and silvicultural nonpoint source pollution in a manner that is consistent with the practices and standards of the Commission.(viii) Schedule and conduct management meetings with the EPA to review the status of agricultural and silvicultural nonpoint source pollution project activities as negotiated with EPA.(ix) Develop and maintain a current electronic database to track and document all WQMPs. Data recorded for each WQMP will include, but is not limited to, the name of the WQMP applicant(s), the facility address or location, date of the WQMP application request, the type of operation covered by each WQMP, and the approval date of each WQMP.(x) Provide the Commission with documentation Board rules, policies, guidance, etc. concerning the development, supervision, and monitoring of individual certified WQMPs.(xi) Investigate complaints concerning violations of a WQMP or violations of laws or rules relating to agricultural or silvicultural nonpoint source pollution under the jurisdiction of the Board, except for any person referred to the Commission for enforcement action pursuant to paragraph (1)(I) of this subsection.(xii) Refer to the Commission violations of a WQMP or violations of laws or rules relating to agricultural or silvicultural nonpoint source pollution under the jurisdiction of the Board, where the Board has determined that the necessary corrective action has not been taken. The Board, upon referral, shall provide the Commission documentation, including but not limited to, any original documents or Board certified copies of the original documents; and hard copies of all photographs, correspondence, records, and other documents relating to the violation.(C) Both parties agree to:(i) Maintain each party's existing level of effort required by the EPA for the implementation of Federal Clean Water Act §319 projects.(ii) Communicate and coordinate directly with each other and the EPA on matters relating to project planning and implementation of nonpoint source pollution projects funded by Federal Clean Water Act §319.(iii) Provide required reports to the EPA on nonpoint source pollution project activities. Reports will include status of project implementation, summary of information/education activities, monitoring activities, and other outputs satisfactory to EPA.(iv) Meet annually to review and discuss the state's nonpoint source water quality program and to refine agency coordination mechanisms.(v) Work together to develop and implement water quality management programs that satisfy State water quality standards as established by the Commission.(vi) Comply with all relevant state and federal rules and regulations; and grant conditions, including financial audits, data quality assurance, quality control, and progress reports.(vii) Cooperate on activities related to the implementation of the "Texas State Management Plan for Prevention of Pesticide Contamination of Groundwater."(viii) Coordinate on inspection and enforcement activities relating to animal feeding operations (AFOs) authorized under 30 TAC §321.47 or a WQMP certified by the Board in accordance with Texas Agriculture Code §201.026(g) for the protection of water quality in the State.(ix) Coordinate on inspection and enforcement activities for the protection of water quality in the State relating to dry litter poultry concentrated animal feeding operations (CAFOs) authorized under 30 TAC Chapter 321 and a Board certified WQMP.(x) Cooperate to establish protocols for the coordination of activities related to complaint response, compliance inspections, and enforcement of AFOs and CAFOs operating under a Board certified WQMP.(xi) Conduct interagency meetings annually with regional office staff of both agencies to review and update the AFO and dry litter poultry CAFO complaint/referral process and to refine agency coordination procedures.(3) Coordination on Dry Litter Poultry CAFOs:(A) The Board is the lead agency and has primary responsibility for complaint investigations and compliance inspections to determine if a dry litter poultry CAFO meets the requirements of a Board certified WQMP and CAFO regulations.(B) The Board shall perform a number of dry litter poultry CAFO compliance inspections to be negotiated annually with the Commission. The Board will provide documentation of such activities to the Commission on a quarterly basis.(C) For any dry litter poultry CAFO operating under a Board certified WQMP, the Board shall investigate in a timely manner all water quality complaints and the first odor complaint where none has been received by either the Commission or the Board within the previous twelve (12) months.(D) The Commission shall investigate within eighteen (18) hours the second and all subsequent odor complaints for a rolling twelve (12) month period at any dry litter poultry CAFO operating under a Board certified WQMP.(E) The Board shall refer to the Commission for possible enforcement action violations at dry litter poultry CAFOs regardless of WQMP certification status if it involves:(i) failure to obtain authorization under an individual or general permit if evidence of a discharge is observed; or(ii) unauthorized discharge(s) into or adjacent to surface water in the State; or(iii) failure to notify Commission of any discharge; or(iv) failure to maintain water quality buffers; or(v) failure to completely implement nutrient management practices required by CAFO rules and the WQMP; or(vi) failure to completely implement mortality management practices required by the WQMP; or(vii) operating a commercial poultry operation without the required WQMP; or(viii) a documented nuisance odor violation; or(ix) chronic violations for failure to implement WQMP practices required to meet CAFO rules under 30 TAC Chapter 321, Subchapter B.(F) The Board shall perform follow-up compliance inspections at dry litter poultry CAFOs found out of compliance with their WQMP to verify that the operation has returned to compliance with the Board-certified WQMP and CAFO regulations.(4) Coordination on AFOs:(A) The Board is the lead agency and has primary responsibility for agricultural or silvicultural nonpoint source pollution abatement resulting from all AFOs, as defined under 30 TAC Chapter 321, Subchapter B (relating to concentrated animal feeding operations) that are not designated as CAFOs or otherwise required to operate under a water quality permit issued by the Commission.(B) The Board shall investigate water quality complaints and monitor compliance of all AFOs regardless of their participation in the WQMP Program. The Board shall also investigate the first odor complaint, where none has been received by the Commission or the Board within the previous twelve (12) months, at any dry litter poultry AFO operating under a Board-certified WQMP.(C) The Commission, upon receiving a general water quality complaint regarding an AFO, will determine if the AFO is required to obtain authorization pursuant to 30 TAC Chapter 321, Subchapter B (relating to Control of Certain Activities by Rule). If the determination by the Commission indicates the facility does not meet the definition of a CAFO or otherwise require a water quality permit, the complaint and any written documentation will be referred to the Board, except for any person referred to the Commission for enforcement action pursuant to paragraph (1)(I) of this subsection. Additionally, the Commission shall investigate within eighteen (18) hours the second and all subsequent odor complaints for a rolling twelve (12) month period at any dry litter poultry AFO.(D) The Board, upon receiving a general complaint regarding an AFO, will investigate to determine whether such a facility will need to obtain authorization from the Commission or initiate corrective actions to avoid impacts to aquatic life or human health. Those facilities that are determined to require authorization from the Commission pursuant to 30 TAC Chapter 321, Subchapter B (relating Control of Certain Activities by Rule) will be referred to the Commission in writing within five working days from the date of the investigation.(E) The Board shall refer an AFO to the Commission for possible enforcement action, if the complaint investigation determines that the potential for a water quality violation exists at a facility and the facility owner or operator does not submit a request for a Board certified WQMP to resolve the complaint within 45 days of notification of the investigation outcome or does not implement appropriate corrective action.(F) When the owner or operator of an AFO fails to sign a WQMP that was developed to resolve a complaint involving a potential water quality violation within 90 days of signing a request for planning assistance, the Board shall refer the AFO to the Commission for possible enforcement action.(G) The Board shall refer to the Commission for possible enforcement any AFO complaint received where there is evidence of a discharge.(H) The Board shall refer to the Commission for possible enforcement action, regardless of WQMP status, any investigation and documentation by the Board of a complaint related to an AFO where there is a documented violation that causes a discharge of pollutants to the air, water, or land that causes serious impact to the environment; or affects human health and safety.(I) The Board shall refer to the Commission for possible enforcement action, regardless of WQMP status, any violation related to an AFO that the Board has determined that the necessary corrective action has not been taken. The Board, upon referral, shall provide the Commission documentation, including but not limited to, any original documents or Board certified copies of the original documents; and hard copies of all photographs, correspondence, records, and other documents relating to the complaint or violation.(5) General conditions:(A) Term of MOU. The term of this MOU shall be from the effective date until termination.(B) Notice of Termination. Either party may terminate this MOU upon 90-day written notice to the other party. Only upon written concurrence of the other agency can this MOU be modified.(C) Cooperation of Parties. It is the intention of the Board and the Commission that the details of providing the services in support of this MOU shall be worked out, in good faith, by both agencies.(D) Nondiscrimination. Activities conducted under this MOU will be in compliance with the nondiscrimination provisions as contained in Titles VI and VII of the Civil Rights Act of 1964, as amended, the Civil Rights Restoration Act of 1987, and other nondiscrimination statutes, namely Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, and the Americans With Disabilities Act of 1992, which provide that no person in the United States shall, on the grounds of race, color, national origin, age, sex, religion, marital status, or handicap be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving federal financial assistance.(E) Notices. Any notices required by this MOU shall be in writing and addressed to the respective agency as follows: Texas Commission on Environmental Quality, Attn: _______________, P.O. Box 13087, Austin, TX 78711-3087 and to the Texas State Soil and Water Conservation Board, Attn: _______________, P.O. Box 658, Temple, TX 76503-0658.(F) Effective Date of MOU. This MOU is effective upon execution by both agencies. By signing this MOU, the signatories acknowledge that they are acting under proper authority from their governing bodies. Adopted [insert date] Effective [insert date] Source Note: The provisions of this §523.5 adopted to be effective March 30, 1994, 19 TexReg 1830; amended to be effective March 21, 2004, 29 TexReg 2652; amended to be effective February 23, 2016, 41 TexReg 1253. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 523 AGRICULTURAL AND SILVICULTURAL WATER QUALITY MANAGEMENT §523.5 Memorandum of Understanding between the Texas State Soil and Water Conservation Board and the Texas Commission on Environmental Quality https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214406&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214406 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214406&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 214406 03/11/2026 (a) Purpose. The purpose of cost-share funding is to provide an incentive to landowners or operators to install soil and water conservation land improvement measures consistent with the purpose of controlling erosion, conserving water, and/or protecting water quality in accordance with a water quality management plan certified by the State Board.(b) Definitions. For the purposes of this section the following definitions shall apply.(1) Allocated funds--Funds budgeted through the State Board either allocated directly to a specific soil and water conservation district or to a cost-share incentive priority for utilization by multiple soil and water conservation districts. For the purposes of the chapter, funds directly allocated to a specific soil and water conservation district shall be referred to as a direct allocation.(2) Applicant--A person who applies for cost-share incentive funding from the soil and water conservation district.(3) Available funds--Monies budgeted, unobligated and approved by the State Board for cost-share incentive funding.(4) Conservation practice(s)--The conservation land improvement measure(s) approved by the State Board and applied to the land to control soil erosion or improve the quality and/or quantity of water.(5) Cost-share incentive funding--An award of money made to an eligible person for conservation land improvement measures pursuant to the terms of Agriculture Code §201.301.(6) Cost-share incentive priority--A geographic location such as a watershed, a soil and water conservation district or other political subdivision boundary, or a specific agricultural or silvicultural activity, or a combination thereof, that is adopted by the State Board as a specified priority for receiving an allocation of cost-share incentive funding. Cost-share incentive priorities must be consistent with the purpose of controlling erosion, conserving water, and/or protecting water quality.(7) District director--A member of the governing board of a soil and water conservation district.(8) Eligible land--Those lands that are eligible for application of conservation land improvement measures using cost-share incentive funding.(9) Eligible person--Any of the land holders eligible to apply for cost-share incentive funding or any person designated to represent the applicant as provided by a durable power of attorney, court order or other valid legal document.(10) Eligible practices--Those conservation land improvement measures that have been approved by the State Board.(11) Landowner--Any person, firm or corporation holding title to land lying within a soil and water conservation district.(12) Maintenance agreement--A written agreement between the eligible person and the soil and water conservation district wherein the eligible person(s) agrees to implement and maintain all conservation practices included in the water quality management plan in accordance with the implementation schedule, all technical requirements of the applicable practice standards, and specified life expectancies of practices until such time that the certification of the State Board is withdrawn. The maintenance agreement shall specify that any practices installed through the payment of cost-share incentive funding, to any extent, must be maintained in accordance with the applicable practice standards and specified life expectancies regardless of whether or not the water quality management plan continues to be certified or not. Failure to maintain cost-shared practices may result in the requirement for all or a prorated portion of the cost-share funding to be returned to the State Board. It is the expectation of the State Board that a water quality management plan be maintained by the landowner for an indefinite period of time.(13) Obligated funds--Monies from a soil and water conservation district's allocated funds or from a cost-share incentive priority which have been committed to an applicant after final approval of the application.(14) Operating Unit--Land or lands, whether contiguous or non-contiguous, owned and/or operated in a manner that contributes or has the potential to contribute agricultural or silvicultural nonpoint source pollution to water in the state. An operating unit must be determined through mutual agreement by the holder of the water quality management plan, the soil and water conservation district, and the State Board.(A) Contiguous lands under the same ownership and/or operational control must be considered one operating unit.(B) Non-contiguous lands under the same ownership and/or operational control may be considered as more than one operating unit when there is mutual agreement by the soil and water conservation district and the potential holder of the water quality management plan unless the lands are associated with an animal feeding operation.(C) An operating unit, when devised for an animal feeding operation, must at a minimum encompass all land or lands owned and/or operated by the holder of the water quality management plan that are used to produce feed that is consumed by the animals, as well as all land or lands owned and/or operated by the potential holder of the water quality management plan where manures or other agricultural by-products are beneficially used as a source of nutrients to produce food or fiber for any use.(D) Land or lands within the scope of an existing operating unit for certified water quality management plan may not be separated from the existing operating unit to establish another operating unit unless the ownership of the lands being separated into a new operating unit has changed.(E) Where mutual agreement regarding an operating unit's consistency with this section is not achieved by the potential holder of the water quality management plan, the soil and water conservation district, and the State Board, the State Board will make a final determination whether or not to certify the water quality management plan.(15) Performance agreement--A written agreement between the eligible person and the soil and water conservation district wherein the eligible person agrees to perform conservation land improvement measures for which allocated funds are being paid.(16) Practice standard--A technical specification for a conservation practice within the NRCS FOTG that contains information on why and where the practice should be applied, and sets forth the minimum quality criteria that must be met during the application of that practice in order for it to achieve its intended purpose(s).(17) Priority system--The system devised by the soil and water conservation district, under guidelines of the State Board, for ranking approved conservation practices and for facilitating the disbursement of allocated funds in line with the soil and water conservation district's priorities.(18) Program year--The period from September 1 to August 31.(19) Soil and water conservation district (SWCD)--A governmental subdivision of this state and a public body corporate and politic, organized pursuant to Chapter 201 of the Agriculture Code.(20) State Board--The Texas State Soil and Water Conservation Board organized pursuant to Chapter 201 of the Agriculture Code.(c) Stakeholder Process. The State Board shall use a stakeholder process to develop cost-share incentive priorities, goals and performance measures for cost-share incentive priorities, and routinely share the results of program activities with stakeholders to gather input for program improvement actions.(d) Responsibilities.(1) The State Board shall:(A) Establish a procedure to allocate funds to a specific SWCD or to cost-share incentive funding priorities for utilization by multiple soil and water conservation districts.(B) Establish conservation practices eligible for cost-share incentive funding and their standards, specifications, maintenance and expected life.(C) Establish maximum cost-share rate for each conservation practice approved for cost-share incentive funding.(D) Establish, prior to September 1 of each year, the minimum cost-share incentive funding amount that may be made under the program and the maximum cost-share incentive funding amount that an eligible person may be obligated from in any one program year.(E) Provide verification to a SWCD that an application qualifies for cost-share incentive funding from a selected cost-share incentive priority prior to SWCD obligation of funds.(F) Perform clerical, administrative and record-keeping responsibilities required for carrying out cost-share incentive funding activities.(G) Receive and maintain monthly reports from SWCDs which have been directly allocated an amount of cost-share incentive funding showing the unobligated balance of allocated funds as shown on each ledger at the close of the last day of each month.(H) Receive requests for reallocated funds and funds reverted from participating SWCDs that received a direct allocation.(I) Act on appeals filed by applicants.(J) Process vouchers and issue warrants for cost-share to eligible recipients.(2) The SWCDs shall:(A) Designate, from State Board approved list, those conservation practices that will be eligible for cost-share incentive funding in their SWCD.(B) Administer cost-share incentive funding with funds allocated by the State Board if the SWCD received a direct allocation.(C) Establish, under guidelines of the State Board, the priority system to be used for evaluation of applications for incentive funding through a direct allocation to the SWCD, and to be used for evaluation of applications for cost-share incentive priorities.(D) Establish the period(s) of time, under the guidelines of the State Board, for accepting applications and announce the availability of cost-share incentive funding locally.(E) Accept and process cost-share incentive funding applications.(F) Determine eligibility of lands and persons for cost-share incentive funding under guidelines established by the State Board.(G) Notify applicants of the SWCD's decisions on approval of applications.(H) File approved applications in the SWCD's copy of the applicant's water quality management plan.(I) Obligate allocated funds for applications receiving final approval.(J) Provide or arrange for technical assistance to applicants, or approve applicant and provide for an alternate source of technical assistance.(K) Certify completed conservation practices to the State Board prior to payment.(L) Submit required reports on the unobligated balance of directly allocated funds and on accomplishments to the State Board.(e) Administration of Funds.(1) Allocation of Funds. The State Board may allocate funds appropriated from general revenue fund and other sources for cost-share incentive funding among particular soil and water conservation land improvement measures, specific SWCDs, among areas of the state through cost-share incentive priorities, or a combination thereof, and may adjust such allocations throughout the year as available funds and SWCD needs and priorities change in order to achieve the most efficient use of state funds. The State Board may designate a portion of the funds allocated to a SWCD or to cost-share incentive priorities to reimburse SWCDs for obligations incurred in administering cost-share incentive activities.(2) Approval of Cost-share Incentive Priority Allocations. The State Board may allocate cost-share incentive funding to priorities identified by the State Board, local SWCDs through the stakeholder process described at subsection (c) of this section, and other entities. Higher consideration will be given to priorities recommended through the stakeholder process. Priorities will be approved consistent with the purpose of cost-share incentives specified at subsection (a) of this section. A cost-share incentive priority shall exist for no more than two program years without re-approval by the State Board.(3) Requests for Direct Allocations. SWCDs within areas designated for cost-share program may submit requests for a direct cost-share incentive fund allocation to the State Board. Such requests must be submitted by September 1st of each program year, and must include a description of how the allocation will control soil erosion, conserve water, and/or protect water quality. Allocations requested to address documented problems with water quality will be considered before other requests, and any request will be subject to the availability of funds after allocations are made to approved cost-share incentive priorities as described in paragraph (2) of this subsection.(4) Approval of Direct Allocations to SWCDs. The State Board shall consider and approve, reject or adjust SWCD requests for direct allocations giving consideration to the amount of available funding not already allocated to cost-share incentive priorities, relative need for funding and SWCD workload and fund balances, as well as other information deemed necessary by the State Board. Only SWCDs for which the State Board has established an allocation are eligible to directly claim cost-share incentive funds.(5) Maximum Allowable Amount of Cost-Share Funds per Operating Unit. The maximum allowable amount of cost-share funds that may be applied to any single operating unit will be adopted by the State Board prior to the beginning of each biennium. This provision applies only to general revenue funds appropriated by the Texas Legislature to assist program participants with the implementation of soil and water conservation land improvement measures as allowed by Agriculture Code §201.301. In cases where the funding for cost-share incentives originates from sources other than appropriations made directly to this program by the Texas Legislature, the maximum allowable amount of cost-share incentive funding per operating unit will be established by the terms of the contractual agreement providing the funds until otherwise specified by the State Board.(f) Eligibility for Cost-Share Incentive Funding.(1) Eligible person. Any individual, partnership, administrator for a trust or estate, family-owned corporation, or other legal entity who as an owner, lessee, tenant, or sharecropper, participates in an agricultural or silvicultural operation and has a certified water quality management plan on an operating unit within a SWCD shall be eligible for cost-share incentive funding.(2) Ineligible for Cost-Share Assistance. State Board Members and State Board Employees are governed by a July 17, 2003, State Board policy that prohibits persons employed by the State Board and members of the State Board from entering into a cost-share (financial assistance) agreement while employed or serving on the State Soil and Water Conservation Board.(3) Conflict of Interest for Cost-Share Assistance. District Directors and District Employees must follow all WQMP guidelines, complete all required WQMP forms, and recuse themselves from any and all discussions and considerations of the application for a WQMP contract.(A) District Directors and District Employees must recuse themselves in any situation in which a relative, as defined by Chapter 573, Government Code, Nepotism Prohibitions, has applied for a WQMP contract.(B) SWCD Board minutes are required to reflect that any District Director or District Employee recuse himself/herself from the deliberation on a contract and there was no undue influence regarding consideration of a contract.(C) These same prohibitions apply to certifying work performed on a contract and any certification for payment of financial assistance under an approved WQMP contract.(4) In accordance with the terms of this chapter an eligible person may receive cost-share only once for an operating unit. The State Board, on a case-by-case project or watershed basis and in consultation with the SWCD, may grant a waiver to this requirement in situations where:(A) Research and/or advanced technology indicate(s) a plan modification to include additional measures to meet Texas surface water quality standards is needed;(B) The operating unit is significantly increased in size by the addition of new land areas or the amount of animal waste production is significantly increased requiring additional conservation practices, not previously cost-shared, in order to meet Texas surface water quality standards;(C) More stringent measures become necessary to meet Texas surface water quality standards;(D) A landowner has assumed the responsibility of a maintenance agreement in cases where the landowner was not the applicant; or(E) A landowner has previously received cost-share through this program but an additional practice or practices has/have been subsequently mandated by state law or the laws, rules, or regulations of a political subdivision. This waiver is only applicable to the mandated practice or practices and may not be applied more than one time to a single practice.(5) Eligible land. Any of the following categories of land shall be eligible for cost-share incentive funding:(A) Land within the State that is privately owned by an eligible person.(B) Land leased by an eligible person over which he/she has adequate control and which land is utilized as a part of his/her operating unit.(C) Land owned by the State, a political subdivision of the State, or a nonprofit organization that holds land in trust for the state.(6) Ineligible lands. Allocated funds shall not be used:(A) To reimburse other units of government for implementing conservation practices.(B) On privately owned land not used for agricultural or silvicultural production.(7) Eligible purposes. Cost-share incentive funding shall be available only for those eligible practice measures included in a certified water quality management plan and determined to be needed by the SWCD to:(A) Reduce erosion; and/or(B) Improve water quality and/or quantity.(8) Eligible practices. Conservation practices which the State Board has approved and which are included in the applicant's approved water quality management plan shall be eligible for cost-share incentive funding. The list of eligible practices will be approved as needed by the State Board. The SWCDs shall designate their list of eligible practices from those practices approved by the State Board. SWCDs may request the State Board's approval to offer cost-share incentive funding for conservation practices not included in the State Board's list of approved practices. The use of special conservation practices is limited to those measures that can solve unique problems in a SWCD and which conform with one or more of the purposes of the program. Requests for special conservation practices will be filed in writing with the State Board in time to obtain action and notification in writing from the State Board of its decision(s) prior to announcing the availability of cost-share incentive funding locally for the program year. Conservation practices may be included in a SWCD's list of eligible practices offered for cost-share incentive funding only as approved by the State Board.(9) Requirement to file an application. In order to qualify for cost-share incentive funding, an eligible person shall file an application with the local SWCD.(10) Persons required to sign applications and agreements. All applications and agreements shall be signed by:(A) The eligible person and;(B) the landowner in cases where the eligible person does not hold title to the land constituting the operating unit.(g) Cost-Share Incentive Funding Processing Procedures.(1) Responsibility of applicants. Applicants for cost-share incentive funding for conservation practices shall:(A) Complete and submit an application to the SWCD.(B) Where an applicant does not have an approved water quality management plan and has not determined the anticipated total cost of the requested measure(s), he/she, as part of the application, may request assistance from the SWCD in developing such plan and determining costs.(C) After being notified of approval and obligation of funds by the SWCD, request technical assistance through the SWCD to design and layout the approved practices or request approval of alternate sources of technical assistance.(D) Secure any approved contractor(s) needed and all contractual or other agreements necessary to construct or perform the approved practice(s). Cost-share will not be allowed for work begun before the application is approved.(E) Complete and sign performance and maintenance agreements and any amendments to those agreements.(F) Supply the documents necessary to verify completion of the approved practice(s) along with a completed and signed certification of cost.(2) Responsibilities of SWCDs. SWCDs shall:(A) Establish the period(s) of time for accepting applications, under the guidelines of the State Board, and announce the availability of cost-share incentive funding locally.(B) Accept cost-share applications at the SWCD's office.(C) Determine eligibility of lands and persons for cost-share incentive funding under either the SWCD's local program for a direct allocation or under a cost-share incentive priority. If an applicant's land is in more than one SWCD, the respective SWCD boards of directors will review the application and agree to oversee all works, administrate all contracts and obligate all funds from one SWCD or prorate the funding between SWCDs.(D) Give initial approval to those applications that meet the eligibility requirements.(E) Evaluate the initially approved applications under either the SWCD's priority system for a direct allocation or under a cost-share incentive priority and give final approval to the high priority applications that can be funded.(F) For applications that may qualify for a cost-share incentive priority, submit the applications to the appropriate State Board office for confirmation of qualification and availability of funds.(G) Obligate funds for the approved conservation practices that can be funded and notify the applicant(s) that his/her conservation practice(s) has/have been approved for cost-share incentive funding and to proceed with installation. Allocated funds must be obligated by the last day of April of the fiscal year allocated. All unobligated allocations, regardless of whether they exist in a direct SWCD allocation or a cost-share incentive priority, shall become unallocated on May 1st of each year and may be reallocated to other priorities at the discretion of the State Board to ensure the most efficient use of cost-share incentive funds.(H) Determine compliance with standards and specifications and certify completed conservation land treatment measure(s) that meet standards.(3) Amended Applications for Allocated Funds.(A) In the event that an adjustment to the estimated cost of conservation practice(s) is necessitated by the final design, the applicant shall either agree to assume the additional cost or complete and submit an amendment to his/her application for allocated funds to the SWCD for approval or denial by the SWCD. If the obligated funds originate from a cost-share incentive priority, the SWCD will confer with the State Board to determine if additional funds are available.(B) The SWCD may elect to adjust the amount of funds obligated for the conservation practices, provided funds are available, or to request additional funds from the State Board. If the obligated funds originate from a cost-share incentive priority, the SWCD will confer with the State Board to determine if additional funds are available.(C) In the event additional funds are not available, the conservation practice(s) may be redesigned, if possible, to a level commensurate with available funds, provided the redesign still meets practice standards established by the State Board; or the applicant can agree to assume full financial responsibility for the portion of the cost of conservation practice(s) in excess of the amount authorized.(4) Performance Agreement. As a condition for receipt of cost-share incentive funding for conservation practices, the eligible person receiving the benefit of such incentive funding shall agree to perform those measures in accordance with standards established by the State Board. Completion of the performance agreement and the signature of the eligible person are required prior to payment.(5) Maintenance Agreement. A written maintenance agreement must be signed between the eligible person and the soil and water conservation district wherein the eligible person(s) agrees to implement and maintain all conservation practices included in the water quality management plan in accordance with the implementation schedule, all technical requirements of the applicable practice standards, and specified life expectancies of practices until such time that the certification of the State Board is withdrawn. The maintenance agreement shall specify that any practices installed through the financing of cost-share incentive funding, to any extent, must be maintained in accordance with the applicable practice standards and specified life expectancies regardless of whether or not the water quality management plan continues to be certified or not. Failure to maintain cost-shared practices may result in the requirement for all or a prorated portion of the cost-share funding to be returned to the State Board. Completion of the maintenance agreement and all appropriate signatures are required prior to payment.(6) Payment to Recipients.(A) The SWCD shall determine eligibility of the applicant to receive payment of cost-share incentive funding, and provide certification to the State Board that measure(s) have been installed consistent with established standards.(B) The State Board shall issue warrants for payment of cost share incentive funding.(7) Applications Held in Abeyance Because of Lack of Funds. In those cases where funds are not available, the applications will be held by the SWCD until allocated funds become available or until the end of the program year. When additional funds are received, the SWCD will obligate those funds. The SWCD may shift all unfunded applications held in abeyance because of lack of funds that are on hand at the end of a program year to the new program year or require all new applications as it deems appropriate.(8) Applications Denied for Reasons Other Than Lack of Funds. Applications for funds which are denied by the SWCD directors for other than lack of funds shall be retained in the records of the SWCD in accordance with the SWCD's established record retention policy. Written notification of the denial shall be provided to the applicant along with the reason(s) that the application was denied.(9) Applications Withdrawn. An application may be withdrawn by the applicant at any time prior to receipt of cost-share incentive funding by notifying the SWCD in writing that withdrawal is desired. Applications withdrawn by the applicant shall be retained in the records of the SWCD in accordance with the SWCD's established record retention policy.(10) Appeals.(A) An applicant may appeal the SWCD decisions relative to his/her application for allocated funds.(B) The applicant shall make any appeal in writing to the SWCD which received his/her application for allocated funds and shall set forth the basis for the appeal.(C) The SWCD shall have 60 days in which to make a decision and notify the applicant in writing.(D) The decision of the SWCD may be appealed by the applicant to the State Board.(E) All appeals made to the State Board shall be made in writing and shall set forth the basis for the appeal.(F) All State Board decisions shall be final(h) Maintenance of Practices.(1) Requirements for maintenance of practices applied using cost-share incentive funds will be outlined in the eligible person's water quality management plan and reviewed with the eligible person at the time of application.(2) A properly executed maintenance agreement shall be signed by the successful applicant prior to receipt of payment of cost-share incentive funding from the SWCD for a conservation practice(s) installed.(3) A properly executed maintenance agreement shall be signed by the successful applicant prior to receipt of payment of cost-share incentive funding from the SWCD for a conservation practice(s) installed.(4) Failed Practice Restoration.(A) When conservation practices that have been successfully completed and which later fail as the result of floods, drought, or other natural disasters, and not the fault of the applicant, the applicant may apply for and SWCD may allocate additional cost-share incentive funds to restore them to their original design standards and specifications. These funds must come from either a current direct allocation to the SWCD or from a current cost-share incentive priority with confirmation from the State Board from the current program year.(B) When conservation practices that have been successfully completed and which later fail as the result of error or omission on the part of the State Board staff, the SWCD staff, or the USDA-Natural Resources Conservation Service staff while assisting the SWCD, and not the fault of the applicant, the State Board may approve additional cost-share incentive funds to restore the measure(s) to the correct design standards and specifications where an investigation approved by the Executive Director or his designee shows good cause. These funds must come from either a current direct allocation to the SWCD or from a current cost-share incentive priority with confirmation from the State Board from the current program year.(5) In cases of hardship, death of the participant, or at the time of transfer of ownership of land where a conservation practice(s) has been applied using cost-share incentive funding and the expected life assigned the practice has not expired, the participant, heir(s), or buyer(s) respectively, must agree to maintain the practice(s) or the participant, heir(s) or the buyer by agreement with seller must refund all or a prorated portion of the cost-share incentive funds received for the practice as determined by the SWCD. The State Board on a case-by-case basis in consultation with the SWCD may grant a waiver to this requirement.(i) Determining Status of Practices During Transfer of Land Ownership.(1) A seller of agricultural land with respect to which a maintenance agreement is in effect may request the SWCD to inspect the practices. If the practices have not been removed, altered, or modified, the SWCD shall issue a written statement that the seller has satisfactorily maintained the permanent practice as of the date of the statement.(2) The buyer of lands covered by a maintenance agreement may also request that the SWCD inspect the lands to determine whether any practice has been removed, altered, or modified as of the date of the inspection. If so, the SWCD will provide the buyer with a statement specifying the extent of noncompliance as of the date of the statement.(3) The seller and the buyer, if known, shall be given notice of the time of inspection so that they may be present during the inspection to express their views as to compliance.(j) Reporting and Accounting. The State Board shall receive and maintain required reports from SWCDs showing the unobligated balance of directly allocated funds as shown on each ledger at the close of the last day of each month.(k) Pursuant to Agriculture Code §201.311, one or more SWCDs may be designated to administer portions of this section as determined by the State Board. Source Note: The provisions of this §523.6 adopted to be effective May 23, 1994, 19 TexReg 3496; amended to be effective June 22, 1995, 20 TexReg 4270; amended to be effective June 20, 2000, 25 TexReg 5913; amended to be effective November 13, 2000, 25 TexReg 11291; amended to be effective March 11, 2004, 29 TexReg 2367; amended to be effective April 26, 2005, 30 TexReg 2400; amended to be effective June 21, 2006, 31 TexReg 4867; amended to be effective December 23, 2008, 33 TexReg 10325; amended to be effective July 8, 2013, 38 TexReg 4384; amended tobe effective August 15, 2017, 42 TexReg 3976; amended to be effective August 13, 2023, 48 TexReg 4267. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 523 AGRICULTURAL AND SILVICULTURAL WATER QUALITY MANAGEMENT §523.6 Cost-Share Incentive Funding for Soil and Water Conservation Land Improvement Measures https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=162733&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 162733 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=162733&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 162733 03/11/2026 (a) Policy Statement. In accordance with §519.1 of this title (relating to Policy Statement) and the policy of the State Soil and Water Conservation Board to develop and implement a program to provide technical assistance for the development and implementation of soil and water conservation plans and soil and water conservation measures, this section is adopted.(b) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.(1) Animal feeding operation--A lot or facility (other than an aquatic animal production facility) where animals have been, are, or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period, and the animal confinement areas do not sustain crops, vegetation, forage growth, or postharvest residues in the normal growing season.(2) Comprehensive nutrient management plan, herein referred to as CNMP--A resource management plan containing a grouping of conservation practices and management activities which, when combined into a conservation system, will help ensure that both agricultural production goals and natural resource concerns dealing with nutrient and organic by-products and their adverse impacts on water quality are achieved. A CNMP incorporates practices to utilize animal manure and organic by-products as a beneficial resource. To be certified, a CNMP must cover all lands that constitute the conservation management unit.(3) Conservation management unit--For the purposes of this section and regarding comprehensive nutrient management planning, a conservation management unit includes the production area and land application activities which are onsite or are contiguous to the site.(4) Environmental stewardship programs for owners and/or operators of animal feeding operations--Any program, administered by a governmental or non-governmental entity, which provides the owner or operator of an animal feeding operation with a mechanism for improving the overall efficiency of the operation, operating in accordance with all applicable state or federal laws pertaining to water quality, and furthers the effective conservation of the state's soil and water resources.(5) North Bosque River watershed--The geographic area consisting of all the drainage area for the two designated water quality segments as defined in the two adopted Total Maximum Daily Loads for Phosphorus in the North Bosque River. The two designated water quality segments are segment 1226, the North Bosque River, extending from a point 100 meters upstream of FM Road 185 in McLennan County to a point immediately upstream of the confluence of Indian Creek in Erath County, and segment 1255, the Upper North Bosque River, extending from a point immediately upstream of the confluence of Indian Creek in Erath County to the confluence of the North Fork and South Fork of the North Bosque River in Erath County.(6) Natural Resources Conservation Service, herein referred to as NRCS--An agency of the United States Department of Agriculture which includes the agency formerly known as the Soil Conservation Service (SCS).(7) NRCS - Field Office Technical Guide, herein referred to as NRCS - FOTG--The official NRCS guidelines, criteria, and standards for planning and applying conservation treatments.(8) NRCS Technical Service Provider Process--The process by which a technical service provider obtains certification by NRCS to provide technical services including conservation planning, and/or the design, layout, and installation of approved conservation practices.(9) Resource management plan--A site specific blueprint for implementation of soil and water conservation land improvement measures. It includes a record of the eligible person's decisions made during planning and the resource information needed for implementation and maintenance of the plan that has been reviewed and approved by the SWCD.(10) Resource management system--A combination of conservation practices and resource management activities for the treatment of all identified resource concerns for soil, water, air, plants, animals, and humans that meets or exceeds the quality criteria in the Natural Resource Conservation Service's Field Office Technical Guide for resource sustainability.(11) Soil and water conservation district, herein referred to as SWCD--A government subdivision of this state and a public body corporate and politic, organized pursuant to Chapter 201 of the Agriculture Code.(12) State Board--The State Soil and Water Conservation Board created under the Agriculture Code, Chapter 201.(13) Technical service provider--An individual, entity, or public agency certified by the NRCS State Conservationist and placed on an approved list to provide technical services.(14) Texas Commission on Environmental Quality--The state agency created under Title 2, Subtitle A, Chapter 5 of the Texas Water Code (formerly the Texas Natural Resource Conservation Commission).(c) Applicability. Any owner or operator of an animal feeding operation that meets the following criteria may submit a CNMP to the State Board for certification in accordance with subsection (f) of this section. Owners or operators of an animal feeding operation within the North Bosque River watershed, or owners or operators of an animal feeding operation that has enrolled in any agricultural environmental stewardship program whose administrators have a current memorandum of agreement with the State Board regarding a State Board certification of a CNMP as programmatic requirement.(d) Process for Obtaining a CNMP. It is the intent of the State Board that all CNMPs be developed by technical service providers certified by NRCS to develop CNMPs or component parts of CNMPs. Owners and operators whose CNMP is developed by persons not certified to develop CNMPs through NRCS' Technical Service Provider process must submit their CNMP to the local NRCS Field Office for approval. Owners and operators of animal feeding operations who meet the applicability criteria set forth in subsection (c) of this section and intend to submit a completely developed CNMP to the State Board for certification shall:(1) Be a SWCD cooperator.(2) Declare to the SWCD their intent to submit a CNMP for State Board certification.(3) Request to view a list of certified technical service providers who have been certified by the NRCS to develop CNMPs from their local SWCD and/or NRCS Field Office. Owners and operators whose CNMP is developed by persons not certified to develop CNMPs through NRCS' Technical Service Provider process must submit their CNMP to the local NRCS Field Office for approval.(4) Inform the SWCD that they intend to apply for cost-share incentive funding, if applicable. All cost-share incentive funding toward the development of a resource management plan and toward the implementation of land treatment measures contained within the resource management plan, shall be in accordance with §523.6 of this title (relating to Cost-Share Incentive Funding for Soil and Water Conservation Land Improvement Measures).(e) Cost-share Incentive Funding. In accordance with §523.6 of this title, the State Board may allocate funds to a SWCD for cost-share incentive funding to landowners toward the implementation of land improvement measures consistent with the purpose of controlling erosion, conserving water, and/or protecting water quality. All cost-share incentive funding toward the development of a resource management plan and toward the implementation of land treatment measures contained within the resource management plan, shall be in accordance with §523.6 of this title.(f) Certification.(1) When the following conditions are met the State Board may certify that a CNMP satisfies the State Board's technical criteria and programmatic guidance for comprehensive nutrient management planning with the State's requirements for water quality:(A) The owner or operator of the animal feeding operation concurs and understands that the conservation practices and implementation schedules contained within the CNMP, when applied and maintained to form a resource management system will meet the State's requirements for water quality; the owner or operator of the animal feeding operation agrees to notify the local SWCD in the event of deviation from the implementation schedule; and the owner or operator of the animal feeding operation agrees that any substitution or changes to the conservation practices or schedules must be in accordance with the NRCS - FOTG, the State Board's Technical Criteria and Programmatic Guidance for Comprehensive Nutrient Management Planning, and the rules and regulations of the State.(B) The CNMP is in accordance with the Technical Criteria and Programmatic Guidance for Comprehensive Nutrient Management Planning adopted by the State Board and contains an implementation schedule pursuant to subsection (i) of this section.(C) The owner or operator of the animal feeding operation meets the requirements of subsection (c) of this section.(D) The SWCD has approved the CNMP as including the entire conservation management unit.(E) The CNMP was developed by a technical service provider certified by the NRCS to develop CNMPs or the NRCS Field Office has approved the CNMP as meeting the requirements of the NRCS - FOTG for a Resource Management System.(2) Withdrawal of Certification. The State Board may withdraw certification of any CNMP which, in consultation with the SWCD, has been demonstrated to be deficient in one or more of the conditions established under paragraph (1) of this subsection or if the holder of the CNMP fails to implement the CNMP in accordance with subsection (i) of this section.(g) Technical Criteria and Programmatic Guidance for Comprehensive Nutrient Management Planning. The technical criteria and specific practice standards considered as components of comprehensive nutrient management planning are based on the criteria in the NRCS - FOTG; however, modification of those practice standards to ensure consistency with state water quality standards, state water quality laws regarding animal feeding operations, and the state agricultural and silvicultural nonpoint source management program will be made by the State Board as necessary. The State Board will adopt and maintain Technical Criteria and Programmatic Guidance for Comprehensive Nutrient Management Planning to ensure consistency with state water quality standards, state water quality laws regarding animal feeding operations, and the state agricultural and silvicultural nonpoint source management program.(h) Environmental Stewardship Programs for Owners and/or Operators of Animal Feeding Operations. The State Board may enter into agreements with entities administering programs who request that participants of such programs receive certification in accordance with subsection (f) of this section as a programmatic requirement if the State Board determines that the program is consistent with the state agricultural and silvicultural nonpoint source management program and all other State Board policies.(i) Implementation Schedule. A CNMP must contain an implementation schedule.(1) The implementation schedule will, as far as is practicable, balance the state's need for protecting water quality with the need of agricultural producers to have sufficient time to implement practices in an economically feasible manner.(2) Highest priority will be given to the implementation of the most cost effective and most needed pollution abatement practices.(3) The State Board in consultation with the local SWCDs will conduct an annual status review of plan implementation.(4) The State Board in consultation with the local SWCDs may withdraw certification of a CNMP that is not being implemented in accordance with its schedule. Prior to certification being withdrawn, a landowner will be notified and be given a reasonable period of time to implement the CNMP according to the schedule or a modified schedule approved by the SWCD.(5) The holder of a certified CNMP shall notify the local SWCD in the event he or she deviates from the implementation schedule.(j) Applicability of State Water Quality Standards. To the extent allowed by available technology, CNMP development, approval and certification will be based on state water quality standards as established by the Texas Commission on Environmental Quality. Source Note: The provisions of this §523.7 adopted to be effective July 8, 2013, 38 TexReg 4384. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 523 AGRICULTURAL AND SILVICULTURAL WATER QUALITY MANAGEMENT §523.7 Comprehensive Nutrient Management Planning in the North Bosque River Watershed https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143902&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 143902 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143902&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 143902 03/11/2026 It is the policy of the Texas State Soil and Water Conservation Board to develop and implement audit guidelines that adequately safeguard assets administered within the purview of this agency in a cost effective manner. In accordance with this purpose, §525.1 - 525.8 of this subchapter (relating to Audits of Districts) are adopted. Source Note: The provisions of this §525.1 adopted to be effective June 17, 1999, 24 TexReg 4454; amended to be effective January 6, 2010, 35 TexReg 106. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 525 AUDIT REQUIREMENTS FOR SOIL AND WATER CONSERVATION DISTRICTS A AUDITS OF DISTRICTS §525.1 Policy Statement https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=64431&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 64431 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=64431&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 64431 03/11/2026 The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) District--A soil and water conservation district created under the Agriculture Code of Texas, Chapter 201.(2) Manual of Fiscal Operations--An accounting manual prepared by the State Board designed to be used by each district as a manual of operations.(3) State Board--The Texas State Soil and Water Conservation Board created under the Agriculture Code of Texas, Chapter 201. Source Note: The provisions of this §525.2 adopted to be effective June 17, 1999, 24 TexReg 4454. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 525 AUDIT REQUIREMENTS FOR SOIL AND WATER CONSERVATION DISTRICTS A AUDITS OF DISTRICTS §525.2 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143903&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 143903 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143903&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 143903 03/11/2026 (a) The directors of each district created under Chapter 201, Agriculture Code of Texas, shall have the district's fiscal accounts and records audited as of August 31 of each even numbered year.(b) The person who performs an audit shall be a certified public accountant or public accountant holding a permit from the Texas State Board of Public Accountancy.(c) The audit required by this section shall be completed no later than 120 days after the end of each biennial audit period. Source Note: The provisions of this §525.3 adopted to be effective June 17, 1999, 24 TexReg 4454; amended to be effective January 6, 2010, 35 TexReg 106. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 525 AUDIT REQUIREMENTS FOR SOIL AND WATER CONSERVATION DISTRICTS A AUDITS OF DISTRICTS §525.3 Duty to Audit https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143904&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 143904 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143904&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 143904 03/11/2026 Except as otherwise provided by the Manual of Fiscal Operations, an audit shall be performed according to the generally accepted auditing standards adopted by the American Institute of Certified Public Accountants and shall include the auditor's opinion as to the fair presentation of the financial statements taken as a whole. Source Note: The provisions of this §525.4 adopted to be effective June 17, 1999, 24 TexReg 4454; amended to be effective January 6, 2010, 35 TexReg 106. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 525 AUDIT REQUIREMENTS FOR SOIL AND WATER CONSERVATION DISTRICTS A AUDITS OF DISTRICTS §525.4 Form of the Audit https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194023&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 194023 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194023&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 194023 03/11/2026 (a) A district may elect to file an annual financial statement as of August 31 of each year in lieu of the district's compliance with §525.3 of this subchapter (relating to Duty to Audit) provided:(1) the district had no long term (more than one year) liabilities outstanding during the biennial period other than rent/lease contracts;(2) the district did not have gross state revenues in excess of $75,000.00 in any year of the biennial period;(3) the district's State Fund cash, receivables, and short term investments balances were not in excess of $50,000 in any year of the biennial period;(4) the district is not otherwise required to have its accounts and records audited in compliance with a funding agreement with any federal, county, or other agency; and(5) the district is not otherwise required at the discretion of the State Board to have its accounts and records audited under Agriculture Code of Texas, §201.080, Records, Reports, Accounts, and Audits.(b) A district may elect to file a compilation and review with required procedures as of August 31 of each year in lieu of the district's compliance with §525.3 of this subchapter provided:(1) the district has no more than one long term (more than one year) liabilities outstanding during the biennial period other than rent/lease contracts and that the one liability consists of real property utilized by the district as its primary office location;(2) the district did not have gross state revenues in excess of $250,000.00 in any year of the biennial period;(3) the district's State Fund cash, receivables, and short term investments balances were not in excess of $50,000 in any year of the biennial period;(4) the district is not otherwise required to have its accounts and records audited in compliance with a funding agreement with any federal, county, or other agency;(5) the district is not otherwise required at the discretion of the State Board to have its accounts and records audited under Agriculture Code of Texas, §201.080, Records, Reports, Accounts, and Audits; and(6) the person who performs a compilation and review shall be a certified public accountant or public accountant holding a permit from the Texas State Board of Public Accountancy.(c) The annual financial statement, compilation and review, or audit must be reviewed and approved by the district directors and so recorded in the minutes of the board meeting at which such action was taken.(d) The annual financial statement, compilation and review, or audit must be accompanied by an original affidavit signed by the district's current chairman, vice chairman, and secretary attesting to the accuracy and authenticity of the financial report.(e) Districts governed by this section are subject to periodic audits by the State Board. Source Note: The provisions of this §525.5 adopted to be effective January 27, 2005, 29 TexReg 11988; amended to be effective January 6, 2010, 35 TexReg 106; amended to be effective February 7, 2019, 44 TexReg 481. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 525 AUDIT REQUIREMENTS FOR SOIL AND WATER CONSERVATION DISTRICTS A AUDITS OF DISTRICTS §525.5 Audit Exemption https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143906&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 143906 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143906&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 143906 03/11/2026 The State Board shall have access to all vouchers, checks, receipts, district fiscal and financial records, and other district records, which the State Board considers necessary for the review of an audit, compilation and review, or annual financial statement. Source Note: The provisions of this §525.6 adopted to be effective June 17, 1999, 24 TexReg 4454; amended to be effective January 6, 2010, 35 TexReg 106. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 525 AUDIT REQUIREMENTS FOR SOIL AND WATER CONSERVATION DISTRICTS A AUDITS OF DISTRICTS §525.6 Access to and Maintenance of District Records https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143907&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 143907 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143907&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 143907 03/11/2026 (a) A copy of a compilation and review, audit, or annual financial statement required by this subchapter shall be filed with the State Board and available to the Governor's Office and the Legislative Budget Board upon request.(b) Districts not exempted by §525.5 of this subchapter (relating to Audit Exemption) must file two copies of an audit with the State Board no later than 120 days after August 31 of even numbered years.(c) Districts governed by the provisions of §525.5(a) of this subchapter must file two copies of an annual financial statement with the State Board no later than 60 days after August 31 of each year. Districts governed by the provisions of §525.5(b) of this subchapter must file two copies of the compilation and review with the State Board no later than 120 days after August 31 of each year.(d) The filings required by subsections (b) and (c) of this section will satisfy the filing requirement for subsection (a) of this section. Source Note: The provisions of this §525.7 adopted to be effective June 17, 1999, 24 TexReg 4454; amended to be effective January 6, 2010, 35 TexReg 106. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 525 AUDIT REQUIREMENTS FOR SOIL AND WATER CONSERVATION DISTRICTS A AUDITS OF DISTRICTS §525.7 Filing of Audits, Compilation and Reviews, and Annual Financial Statements https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194024&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 194024 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194024&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 194024 03/11/2026 (a) An annual financial statement must be filed no later than 60 days after August 31 of each fiscal year.(1) A District's funds will be considered out of compliance and placed on "hold" status if an annual financial statement is not received by the State Board by October 30 of each fiscal year.(2) A District's funds will be placed on "hold" status if an annual financial statement has been received by the due date but the District has not corrected errors by December 31 of each fiscal year.(b) An audit must be filed no later than 120 days after August 31 of each even numbered year.(1) A District's funds will be considered out of compliance and placed on "hold" status if an audit is not received by the State Board by January 1 of each odd numbered year.(2) A District's funds will be placed on "hold" status if an audit has been received by the due date but the District has not corrected errors by February 28 of odd numbered years.(c) A compilation and review must be filed no later than 120 days after August 31 of each year.(1) A District's funds will be considered out of compliance and placed on "hold" status if a compilation and review is not received by the State Board by January 1.(2) A District's funds will be placed on "hold" status if the compilation and review has been received by the due date but the District has not corrected errors by February 28 of each fiscal year.(d) A district's hold status will be removed upon becoming compliant, or the Executive Director, or designee, temporarily exempts the hold requirements on a district if it creates an undue hardship due to extenuating circumstances; such as, but not limited to natural disasters. Source Note: The provisions of this §525.8 adopted to be effective June 30, 2002, 27 TexReg 5800; amended to be effective January 6, 2010, 35 TexReg 106; amended to be effective February 7, 2019, 44 TexReg 481. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 525 AUDIT REQUIREMENTS FOR SOIL AND WATER CONSERVATION DISTRICTS A AUDITS OF DISTRICTS §525.8 Compliance Contingencies https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143909&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 143909 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143909&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 143909 03/11/2026 (a) Other sections of this subchapter notwithstanding an audit of the accounts and records of a district dividing, reorganizing, or dissolving under the provisions of Chapter 201, Subchapter C, of the Agriculture Code must be performed by an individual meeting the requirements of §525.3(c) of this subchapter (relating to Duty to Audit).(b) The period to be covered by the audit is from the date of the most recent audit or financial statement through the date of division, reorganization, or dissolution.(c) Two copies of the audit required by this section must be filed with the State Board no later than 15 days prior to the date of division, reorganization, or dissolution. Source Note: The provisions of this §525.9 adopted to be effective January 7, 2002, 27 TexReg 271; amended to be effective January 6, 2010, 35 TexReg 106. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 525 AUDIT REQUIREMENTS FOR SOIL AND WATER CONSERVATION DISTRICTS A AUDITS OF DISTRICTS §525.9 District Divisions and Reorganizations https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=117228&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 117228 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=117228&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 117228 03/11/2026 It is the policy of the State Soil and Water Conservation Board to encourage the service of qualified individuals as district directors and to encourage they regularly attend and actively participate in all scheduled district meetings; carry out the duties and responsibilities of their office and comport themselves as trusted public officials. The State Soil and Water Conservation Board will develop and implement a procedure to remove a district director, if and when, facts lead to a determination they:(1) neglect the duty of office;(2) are unable, due to illness or disability, to discharge the duties of office;(3) are guilty of malfeasance in office: or(4) are disqualified as a voter in the conservation district or are disqualified to be a director in the numbered subdivision they represent. Source Note: The provisions of this §527.1 adopted to be effective October 14, 2004, 29 TexReg 9549. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 527 REMOVAL OF A DISTRICT DIRECTOR §527.1 Policy Statement https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=117222&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 117222 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=117222&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 117222 03/11/2026 The following words and terms, when used in this chapter in any derivative form, shall have the following meanings, unless the context clearly indicates otherwise:(1) District--A Soil and Water Conservation District created under Chapter 201, Agriculture Code of Texas.(2) State Board--The Texas State Soil and Water Conservation Board created under Chapter 201, Agriculture Code of Texas.(3) Neglects the duty of office--This includes, but is not limited to, the district director being absent from more than six (6) consecutive regularly scheduled district board meetings that the district director is eligible and obligated to attend or are absent from more than half of the regularly scheduled meetings they are eligible and obligated to attend in any 12 month period, without an excuse approved by a majority vote of the district board and recorded in district board meeting minutes. It may also include those cases where, because of long-term illness or disability, the district director is unable to discharge the duties of office and the attending medical doctor does not believe recovery will allow the director to attend meetings during the remainder of their term.(4) Malfeasance in office--This includes, but is not limited to, the district director being found guilty in a court of law of misconduct or wrongdoing for an offense relating to bribery and corrupt influence; perjury and other falsification; obstructing governmental operation; or abuse of office as defined in the Penal Code or an offense that imposes a legal disability to vote.(5) Disqualified as a voter in the district--The district director is found to be less than 18 years of age; the district director does not hold title to farmland or ranchland lying within the conservation district; the district director is not actively engaged in the business of farming or animal husbandry; or the district director is not a resident of a county all or part of which is included in the district.(6) Disqualified as a director in the numbered subdivision they represent--The district director does not have, or does not maintain the qualifications to be a district director by not owning land within the numbered subdivision from which they were elected or appointed. Source Note: The provisions of this §527.2 adopted to be effective October 14, 2004, 29 TexReg 9549. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 527 REMOVAL OF A DISTRICT DIRECTOR §527.2 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=117223&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 117223 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=117223&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 117223 03/11/2026 (a) The State Board may not consider removal of a district director for neglecting the duty of office unless a petition, on a form prescribed by the State Board, signed by a majority of the district board of directors is submitted to the State Board. The State Board shall consider if the action requested by the petition is sufficient to warrant further action and notify the district of their decision(b) A petition to remove a district director for neglect of duty, should have documentation attached that, at a minimum shows:(1) that the district has made a reasonable effort to notify the director when meetings were scheduled;(2) that the district has made a reasonable effort to inform the director of the importance of attending and participating in scheduled meetings.(3) that the district has fair, reasonable, and unbiased policies for granting excused absences when notified that a director has a conflict with a board meeting.(4) that the district has notified the director by certified mail they were proceeding with removal procedures and received no response, or have documentation of any response.(5) if the removal petition is for medical reasons, the district must have a copy of a statement from the attending medical doctor expressing their belief that the director will not recover sufficiently to attend meeting for the remainder of their term.(c) The State Board may investigate and if warranted consider the removal of a district director for malfeasance in office or for being disqualified as a voter in the district or for being disqualified as a director in the subdivision they represent in the conservation district when petitioned, on a form prescribed by the State Board, signed by one or more district directors is submitted to the State Board or when presented with an allegation by a member of the public. Source Note: The provisions of this §527.3 adopted to be effective October 14, 2004, 29 TexReg 9549. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 527 REMOVAL OF A DISTRICT DIRECTOR §527.3 Petition https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=117224&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 117224 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=117224&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 117224 03/11/2026 The State Board shall direct the Executive Director to contact the district director that is the subject of the hearing; the district that the district director is a member of; and any other party who may have brought allegations by Registered Mail, return receipt requested, informing the recipients of the charges or allegations being considered in the hearing and informing the recipients of the date, time and place of the hearing and informing them they may present any facts they feel relevant to the issue. Should the subject of the hearing not sign for receipt of registered mail, the State Board may consider the use of a local process server. The hearing notice shall be published and posted consistent with the requirements of §201.004, Agriculture Code of Texas. Source Note: The provisions of this §527.4 adopted to be effective October 14, 2004, 29 TexReg 9549. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 527 REMOVAL OF A DISTRICT DIRECTOR §527.4 Notice https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=117226&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 117226 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=117226&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 117226 03/11/2026 If, after receiving a petition to remove a district director, the State Board determines that cause exists, they shall direct the Executive Director to have such public hearings conducted as may be needed to obtain documentation and other facts necessary to consider the removal of a district director for the reasons described in the petition. Source Note: The provisions of this §527.5 adopted to be effective October 14, 2004, 29 TexReg 9549. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 527 REMOVAL OF A DISTRICT DIRECTOR §527.5 Hearing https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=117227&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 117227 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=117227&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 117227 03/11/2026 A report of the public hearing(s) shall be presented to the State Board. After reviewing all relative facts obtained at the hearing, the State Board shall determine if the facts support removal of a district director for the reason(s) described in the petition. The State Board shall record their vote for removal and if a majority of the State Board votes for removal, the district director is removed under the authority of §201.076(e), Agriculture Code of Texas. Should the subject of the public hearing, after being duly notified, does not respond and does not react to the public hearing(s), the State Board may consider the lack of response to be a plea of nolo contendere. Source Note: The provisions of this §527.6 adopted to be effective October 14, 2004, 29 TexReg 9549. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 527 REMOVAL OF A DISTRICT DIRECTOR §527.6 Determination https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=117225&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 117225 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=117225&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 117225 03/11/2026 If a vacancy occurs in the office of district director for any reason, the remaining district directors by majority vote shall, within six months appoint a director for the unexpired term. The name of the district appointee, in a form prescribed by the State Board, signed by a majority of the district board of directors must be submitted for approval by the State Board before taking office. Source Note: The provisions of this §527.7 adopted to be effective October 14, 2004, 29 TexReg 9549. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 527 REMOVAL OF A DISTRICT DIRECTOR §527.7 Vacancy https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142636&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 142636 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142636&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 142636 03/11/2026 Pursuant to §201.001(d), Agriculture Code, the Texas State Soil and Water Conservation Board is designated by the Texas Legislature as the state agency responsible for conserving soil and related resources of this state. Within this context, the State Board is charged with controlling and preventing soil erosion, controlling floods, preventing the impairment of dams and reservoirs, assisting in maintaining the navigability of rivers and harbors, and thereby protecting and promoting the health, safety, and general welfare of the people of this state. Consistent with this authority, it is the policy of the Texas State Soil and Water Conservation Board to administer a grant program through local soil and water conservation districts that provides financial assistance for operation and maintenance activities on United States Department of Agriculture Natural Resources Conservation Service assisted flood control dams. In accordance with this purpose, §§529.1 - 529.8 of this subchapter (relating to Operation and Maintenance Grant Program) are adopted. Source Note: The provisions of this §529.1 adopted to be effective October 14, 2009, 34 TexReg 7089. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 529 FLOOD CONTROL A OPERATION AND MAINTENANCE GRANT PROGRAM §529.1 Statutory Authority and Policy Statement https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145183&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 145183 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145183&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 145183 03/11/2026 The following words and terms, when used in this subchapter, have the following meanings:(1) Allocation--An amount of funding for a fiscal year specified and withheld by the State Board for an eligible soil and water conservation district for the reimbursement of operation and maintenance activities on flood control dams.(2) Biennium--The period of time beginning September 1 of every odd numbered year and ending on August 31 twenty-four months later; a biennium includes two fiscal years as defined by this subchapter.(3) Eligible soil and water conservation district (SWCD)--An SWCD that is listed as a sponsor on an O&M agreement for a watershed project.(4) Fiscal year--The 12-month period of time beginning September 1 of a year and ending on August 31 of the following year.(5) Flood control dam--Floodwater retarding structures, also commonly referred to as flood control structures, watershed structures, flood prevention or "FP" sites, and certain grade stabilization structures included in the National Inventory of Dams built by the federal government under one of the four following federal authorizations:(A) Public Law 78-534, Section 13 of the Flood Control Act of 1944;(B) Public Law 156-67, the pilot watershed program authorized under the heading Flood Prevention of the Department of Agriculture Appropriation Act of 1954;(C) Public Law 83-566, the Watershed Protection and Flood Prevention Act of 1954; and(D) Subtitle H of Title XV of the Agriculture and Flood Act of 1981, commonly known as the Resource Conservation and Development Program.(6) In-kind match--Non-monetary contributions of services, equipment, or other items of value reported to the State Board by eligible SWCDs for the purpose of satisfying all or a portion of a non-state funded matching requirement for reimbursement of an O&M activity. In-kind match may not be qualified if the source is contributing the in-kind match because it was enabled to do so directly through state appropriations.(7) National Inventory of Dams--The U.S. Army Corps of Engineers' list of dams first authorized by the National Dam Inspection Act (Public Law 92-367) of 1972.(8) Natural Resources Conservation Service (NRCS)--An agency of the United States Department of Agriculture which was formerly known as the Soil Conservation Service.(9) Operation and maintenance (O&M)--The act of performing an activity or activities associated with maintaining optimal physical conditions and functioning of a flood control dam. O&M is not an activity defined as structural repair. The State Board may adopt technical standards, as defined by this subchapter, for certain O&M activities which must be met prior to reimbursement being approved. O&M activities include:(A) removal of woody brush or other undesirable vegetation from dam embankments, spillways, and plunge basins;(B) fence and/or gate installation to prevent the grazing of desirable vegetation and/or surface disturbance of dam embankments, spillways, and plunge basins;(C) fence and/or gate repair to prevent the grazing of desirable vegetation and/or surface disturbance of dam embankments, spillways, and plunge basins;(D) fence and/or gate removal for the purpose of installing new fencing and/or gate(s) to prevent grazing of desirable vegetation and/or surface disturbance of dam embankments, spillways, and plunge basins;(E) establishment of desirable vegetation, including the fertilization of existing desirable vegetation, intended to stabilize the surface of dam embankments and spillways;(F) repairing soil erosion damage on dam embankments and spillways resulting from lack of vegetative cover;(G) clearing debris from principal and auxiliary spillway inlets;(H) maintenance of and/or replacement of valves and trash guards;(I) replacement of gate valve and stem on principal spillway;(J) minor earth shaping and establishment of vegetation to repair a slope slide on a dam embankment;(K) repair of wave erosion requiring minor earthwork and establishment of vegetation;(L) repair of minor erosion from livestock and wildlife trailing on dam embankments or spillways;(M) repair of erosion from vehicles on dam embankments or spillways;(N) replacement of deteriorated corrugated metal pipe ends (tail pipes);(O) repair of erosion in auxiliary (emergency) spillway from minor storm damage or livestock/wildlife trailing;(P) minor maintenance of roads within an easement used in gaining access to a flood control dam for the purpose of performing O&M minor maintenance of roads may not be reimbursed by the State Board, but may be considered as an in-kind contribution of match; and(Q) any other activity approved by the State Board at their discretion if it is not defined as structural repair in this chapter; activities in this category must be approved by the State Board prior to performance of the activity to ensure reimbursement.(10) O&M agreement--A written agreement pertaining to a specific flood control dam or dams within a watershed project, taking into consideration the powers and jurisdictional boundaries of sponsors, that specifies each sponsors' responsibilities for financing and performing O&M inspections and activities.(11) O&M technical standard--An established norm or requirement in the form of a formal document establishing uniform engineering or technical criteria, methods, processes, and/or practices adopted by the State Board for a specific O&M activity. O&M activities for which the State Board has adopted an O&M technical standard must be performed in accordance with the technical standard prior to reimbursement being made.(12) Reimbursement request--A request for reimbursement of a percentage of the costs associated with the performance of O&M activities.(13) Soil and water conservation district (SWCD)--A governmental subdivision of this state and a public body corporate and politic, organized pursuant to Chapter 201 of the Agriculture Code.(14) Sponsor--Any entity or individual that is a signatory to a watershed project plan, watershed agreement, or O&M agreement.(15) State Board--The Texas State Soil and Water Conservation Board organized pursuant to Chapter 201 of the Agriculture Code.(16) Texas Commission on Environmental Quality--The state agency created under Title 2, Subtitle A, Chapter 5 of the Texas Water Code (formerly the Texas Natural Resource Conservation Commission).(17) Watershed agreement--A legal document that records the responsibilities of the sponsors and NRCS for implementing a watershed project plan relating to contributions of funding, the acquisition of land rights, construction, O&M, project administration, management of affected lands, as well as responsibilities regarding permitting and water and mineral rights.(18) Watershed project--A geographic area delineated by the boundaries of a watershed within which a series of flood control dams have been constructed or are planned to be constructed by NRCS to prevent and/or minimize floodwater damage to lives and property.(19) Watershed project plan (or Work Plan)--A plan developed by local sponsors with the assistance of NRCS for a watershed project that includes descriptions of the watershed, problems to be addressed, works of improvement to be installed, costs of installed works, project benefits, cost-benefit analyses, financing information, and general requirements for O&M. Source Note: The provisions of this §529.2 adopted to be effective October 14, 2009, 34 TexReg 7089; amended to be effective April 25, 2010, 35 TexReg 3069. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 529 FLOOD CONTROL A OPERATION AND MAINTENANCE GRANT PROGRAM §529.2 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145184&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 145184 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145184&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 145184 03/11/2026 (a) General Fiscal Provisions. Eligible SWCDs must comply with any applicable provisions within the Manual of Fiscal Operations for Soil and Water Conservation Districts at all times. The Manual of Fiscal Operations for Soil and Water Conservation Districts is approved and periodically amended by the State Board and is available on the State Board's website; hardcopies of this manual may be requested from the State Board.(b) Sources of funding. Any funding available for O&M grants during a fiscal year will be determined by the State Board out of general revenue appropriated by the Texas Legislature. The amount of funding available for O&M grants will be determined by the State Board for each fiscal year. Other sources of funding may be used for O&M grants by the State Board if applicable and when available. Funds will be allocated by the State Board to eligible SWCDs for use during the fiscal year for which the funds were appropriated, unless the State Board has executed a contract with an eligible SWCD that allows for liquidation of the obligated amount over a period of time that extends beyond the fiscal year.(c) Allocation and reimbursement. Funds will be administered through an allocation and reimbursement process as specified in §529.5 of this subchapter (relating to Allocation of Funds) and §529.7 of this subchapter (relating to Reimbursements and Reporting Non-State Funded Match).(d) Activities eligible for reimbursement. Funds may only be used to reimburse eligible SWCDs and subcontractors of their choosing for costs associated with the performance of O&M activities as defined by this subchapter on flood control dams. Eligible SWCDs desiring reimbursement of any activity not specifically listed as an O&M activity in §529.2(9) of this subchapter (relating to Definitions) must contact the State Board prior to initiating the activity for approval. Other activities for which the State Board may reimburse eligible SWCDs and subcontractors include the purchasing of pesticides by the eligible SWCD for use by the SWCD or a subcontractor during the course of carrying out an O&M activity, the purchasing of easements, the administrative costs of eligible SWCDs associated with O&M activities, and any other O&M-related activities that are approved by the State Board at their discretion.(e) Non-state funded matching requirement. All O&M reimbursement requests will be paid by the State Board at 90-percent of the total reimbursement request amount. Ten (10) percent of the total reimbursement request amount must be paid through funds not originating from state appropriations. Reimbursement requests for O&M activities maybe paid by the State Board up to 100-percent if the flood control dam on which the activities were performed is a part of a watershed project where the original O&M agreement did not include at least one sponsor empowered by the State of Texas to levy taxes.(f) In-kind match contributions. All or a portion of the non-state funded matching requirement may be satisfied through "in-kind" contributions. In-kind contributions must be reported to the State Board on an in-kind match reporting form. In-kind match performed prior to the start of the current biennium is not eligible for use as non-state funded match. In-kind match reported in excess of the required amount for a single reimbursement request may be recorded by the State Board for use by eligible SWCDs on future reimbursement requests within the current biennium. In-kind match may not be carried forward into a new biennium. All aspects of reimbursement requests and the legitimacy of reported in-kind match are subject to review and approval by the State Board. In-kind match will be reported at rates approved by the State Board.(g) Standardized rates for in-kind contributions of O&M activities. A standardized set of rates for certain O&M activities will be adopted by the State Board for use in determining the value of in-kind contributions. Standardized rates adopted by the State Board will be made available to eligible SWCDs upon notification of allocation.(h) Administrative costs of eligible SWCDs. Eligible SWCDs may request a payment for compensation of their administrative costs in an amount not to exceed five (5) percent of the reimbursed amount. Payments for administrative costs must be reported on a reimbursement request at the time of its submission to the State Board.(i) Utilizing O&M grant funds for structural repair on flood control dams. The State Board, at their discretion, may consider approving the use of O&M funds for structural repair. All requests to use O&M grant funds for structural repair must specify the type of structural repair intended to be performed and must be submitted in writing to the State Board. All requests to use O&M grant funds for structural repair are subject to review and approval by the State Board. Copies of quotations and bid documents must be provided to the State Board upon request. If concurrence from the NRCS and/or TCEQ must be obtained for the specific repair activity, such concurrence must be obtained and provided in writing to the State Board prior to submitting the request for the use of O&M grant funds for structural repair. Source Note: The provisions of this §529.3 adopted to be effective October 14, 2009, 34 TexReg 7089; amended to be effective April 25, 2010, 35 TexReg 3069. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 529 FLOOD CONTROL A OPERATION AND MAINTENANCE GRANT PROGRAM §529.3 Administration of Funds https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142639&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 142639 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142639&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 142639 03/11/2026 (a) Allocations of O&M grant funding will be made only to eligible SWCDs.(b) Allocations transferred to other sponsors. In cases where the eligible SWCD desires for the State Board to contract directly with another sponsor listed on the O&M agreement for work on flood control dams within the same watershed project, the eligible SWCD must submit a written request to the State Board. Any written agreements providing allowance for one SWCD to perform O&M activities within the boundaries of another SWCD must be submitted to the State Board with the written request. All requests to make allocations to non-SWCD sponsors are subject to review and approval by the State Board. Upon approval, the State Board will notify the eligible SWCD and the other sponsor of the allocation transfer. Source Note: The provisions of this §529.4 adopted to be effective October 14, 2009, 34 TexReg 7089. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 529 FLOOD CONTROL A OPERATION AND MAINTENANCE GRANT PROGRAM §529.4 Applicability https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142640&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 142640 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142640&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 142640 03/11/2026 (a) Allocation criteria. When available, the most recent statewide survey of O&M needs and cost-estimates performed by the NRCS may be used by the State Board as a basis for making allocations to eligible SWCDs. The State Board may solicit allocation requests directly from eligible SWCDs.(b) Prioritization of O&M activities. Eligible SWCDs and other sponsors are responsible for prioritizing the scheduling and performance of O&M activities within the scope of a watershed project.(c) Notification. Notification of allocations will be provided to eligible SWCDs in writing by the State Board.(d) Reallocation and efficiency. The State Board may adjust allocations within a fiscal year as eligible SWCD needs and the availability funds change in order to achieve the most efficient use of O&M grant funds. Changes in allocation amounts will be made through consultation with any eligible SWCDs whose allocation amount is affected because of the change, and notification of changes will be provided to affected SWCDs in writing.(e) Effective dates of allocations. Allocations are approved by the State Board for an effective period of time within the fiscal year for which the funds were appropriated. The effective period for an allocation is determined by the State Board and is provided to eligible SWCDs in writing upon notification.(f) Contracting. When necessary, the State Board may contract with an eligible SWCD for the performance of O&M activities.(g) Emergency allocations. The State Board may allocate additional funds to any eligible SWCD for a specific O&M activity or activities in the event that immediate action is necessary to protect human health and safety. Source Note: The provisions of this §529.5 adopted to be effective October 14, 2009, 34 TexReg 7089. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 529 FLOOD CONTROL A OPERATION AND MAINTENANCE GRANT PROGRAM §529.5 Allocation of Funds https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142641&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 142641 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142641&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 142641 03/11/2026 Solicitation of bids will be required for purchases more than $50,000 in accordance with provisions of §271.024 of the Local Government Code. Source Note: The provisions of this §529.6 adopted to be effective October 14, 2009, 34 TexReg 7089. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 529 FLOOD CONTROL A OPERATION AND MAINTENANCE GRANT PROGRAM §529.6 Solicitation of Bids by Eligible SWCDs https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142634&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 142634 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142634&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 142634 03/11/2026 (a) Reimbursement requests. Reimbursement requests for O&M activities are subject to approval by the State Board and must be submitted on forms provided by the State Board.(b) O&M agreements required.(1) An O&M agreement must be filed with the State Board at all times for reimbursement of O&M activities. If any amendment is made to an O&M agreement on file with the State Board, the amended O&M agreement must be submitted to the State Board prior to receiving reimbursement of a request for O&M activities performed under the amended agreement. Failure to submit amended O&M agreements may result in reimbursement requests not being approved by the State Board.(2) If any sponsor to an O&M agreement determines that the agreement has expired or is otherwise legally invalid so that participation in this program is prohibited or not feasible, then the participating sponsors shall immediately notify the State Board. The participating sponsors shall submit a new O&M agreement within six months of notification to the State Board.(c) Payment. Upon satisfactory receipt of a reimbursement request, signature of certification, and other required documentation, the State Board shall cause payment to be issued. Payment for a specific O&M activity may not be made until the activity is completed in its entirety for the flood control dam. All needed O&M activities do not need to be completed prior to reimbursement for a single O&M activity on a flood control dam.(d) In-kind contributions. In-kind contributions intended to satisfy a non-state funded match requirement must be reported on the reimbursement request form at rates approved by the State Board.(e) Reimbursement only. Payment will be made on a reimbursement basis only. State money may not be provided in advance.(f) Purchasing easements. Reimbursement of the purchasing of easements for the purposes of performing O&M activities may be approved by the State Board at their discretion. All requests to use O&M grant funds for the purchasing of easements must be approved by the State Board prior to the purchase.(g) Certification. Reimbursement requests must be approved by an official act of the SWCD and be certified with the signature of the SWCD chairman. Certification of a reimbursement request means the O&M activities listed on the request have been performed to the satisfaction of the SWCD and represents authorization for the State Board to consider causing payment to the contractor identified on the reimbursement request. An eligible SWCD may conduct a vote during an official SWCD meeting to designate a different director or directors of the SWCD other than the chairman to certify by signature on behalf of the SWCD outside of an official SWCD meeting. Designation of an alternate SWCD director or directors for purposes of certifying a reimbursement request must be noted in the official minutes of the SWCD meeting. If the reimbursement request includes O&M activities for which the State Board has adopted a technical standard, an employee of the State Board or the NRCS must certify by signature on the reimbursement request that the O&M activity was performed in accordance with the applicable technical standard prior to the reimbursement request being submitted to the State Board. Source Note: The provisions of this §529.7 adopted to be effective October 14, 2009, 34 TexReg 7089. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 529 FLOOD CONTROL A OPERATION AND MAINTENANCE GRANT PROGRAM §529.7 Reimbursements and Reporting Non-State Funded Match https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142635&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 142635 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142635&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 142635 03/11/2026 Technical standards may be adopted by the State Board for certain O&M activities. Technical standards adopted by the State Board will be made available to eligible SWCDs upon notification of allocation. Source Note: The provisions of this §529.8 adopted to be effective October 14, 2009, 34 TexReg 7089. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 529 FLOOD CONTROL A OPERATION AND MAINTENANCE GRANT PROGRAM §529.8 Technical Standards for O&M Activities https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145185&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 145185 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145185&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 145185 03/11/2026 Pursuant to §201.001(d), Agriculture Code, the Texas State Soil and Water Conservation Board is designated by the Texas Legislature as the state agency responsible for conserving soil and related resources of this state. Within this context, the State Board is charged with controlling and preventing soil erosion, controlling floods, preventing the impairment of dams and reservoirs, assisting in maintaining the navigability of rivers and harbors, and thereby protecting and promoting the health, safety, and general welfare of the people of this state. Consistent with this authority, it is the policy of the Texas State Soil and Water Conservation Board to administer a grant program through local soil and water conservation districts and other flood control dam sponsors that provides financial assistance for structural repair activities on United States Department of Agriculture Natural Resources Conservation Service assisted flood control dams. In accordance with this purpose, §§529.51 - 529.62 of this subchapter (relating to Structural Repair Grant Program) are adopted. Source Note: The provisions of this §529.50 adopted to be effective April 25, 2010, 35 TexReg 3069. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 529 FLOOD CONTROL B STRUCTURAL REPAIR GRANT PROGRAM §529.50 Statutory Authority and Policy Statement https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213418&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 213418 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213418&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 213418 03/11/2026 The following words and terms, when used in this subchapter, have the following meanings:(1) Authorized representative--An individual representing all sponsors identified on an application for structural repair grant funds. The authorized representative shall be the single point of contact for all communications regarding an application.(2) Eligible applicant--A partnership of all entities listed as a sponsor on a watershed agreement for a watershed project.(3) Fiscal year--The 12-month period of time beginning September 1 of a year and ending on August 31 of the following year.(4) Flood control dam--Floodwater retarding structures, also commonly referred to as flood control structures, watershed structures, flood prevention or "FP" sites, and certain grade stabilization structures included in the National Inventory of Dams built by the federal government under one of the four following federal authorizations:(A) Public Law 78-534, Section 13 of the Flood Control Act of 1944;(B) Public Law 156-67, the pilot watershed program authorized under the heading Flood Prevention of the Department of Agriculture Appropriation Act of 1954;(C) Public Law 83-566, the Watershed Protection and Flood Prevention Act of 1954; and(D) Subtitle H of Title XV of the Agriculture and Flood Act of 1981, commonly known as the Resource Conservation and Development Program.(5) In-kind match--Non-monetary contributions of services, equipment, or other items of value included in a contract scope of work between the State Board and a sponsor for the purpose of satisfying all or a portion of a non-state funded matching requirement for structural repair activities. In-kind match is not eligible if the source is contributing the in-kind match because it was enabled to do so directly through state appropriations.(6) National Inventory of Dams--The U.S. Army Corps of Engineers' list of dams first authorized by the National Dam Inspection Act (Public Law 92-367) of 1972.(7) Natural Resources Conservation Service (NRCS)--An agency of the United States Department of Agriculture which was formerly known as the Soil Conservation Service.(8) Operation and maintenance (O&M)--The activities associated with maintaining optimal physical conditions and functioning of a flood control dam specified in §529.2(9) of this chapter (relating to Definitions); O&M is not structural repair as defined in paragraph (14) of this section.(9) O&M agreement--A written agreement pertaining to a specific flood control dam or dams within a watershed project, taking into consideration the powers and jurisdictional boundaries of sponsors, that specifies each sponsors' responsibilities for financing and performing O&M inspections and activities.(10) Reimbursement request--A request for reimbursement of an activity included in a contract scope of work executed between the State Board and a sponsor.(11) Soil and water conservation district (SWCD)--A governmental subdivision of this state and a public body corporate and politic, organized pursuant to Chapter 201 of the Agriculture Code.(12) Sponsor--An entity or individual that is a signatory to a watershed project plan, watershed agreement, or O&M agreement.(13) State Board--The Texas State Soil and Water Conservation Board organized pursuant to Chapter 201 of the Agriculture Code.(14) Structural repair--The act of performing an activity or activities for the purpose of restoring a flood control dam to original design specifications (dam repair) or upgrading a flood control dam to meet current TCEQ safety criteria (dam upgrade). Structural repair is not an activity defined as operation and maintenance in §529.2(9) of this chapter. Structural repair activities include:(A) Lime treatment, removal and replacement, and/or slope flattening of dam embankment to repair slope slides;(B) Repair of sinkholes in dam embankment;(C) Repair of cracks in dam embankment;(D) The installation of armored plating on dam embankments to repair and mitigate wave erosion;(E) Performing earthwork and establishing vegetation on dam embankments to repair and mitigate wave erosion;(F) Drain system installation or repair;(G) Repair of excessive settlement on dam embankment;(H) Replacement or stabilization of vertical inlet on principal spillway;(I) Installation of a liner to repair or mitigate pipe separation or cracking on principal spillway;(J) Replacement of a principal spillway pipe due to separation or cracking;(K) Installation of impact basin or armored plating on plunge pool due to erosion;(L) Repair of major auxiliary spillway erosion from storm damage;(M) Any activity defined as O&M in §529.2(9) of this chapter if the performance of the activity is determined to be necessary by the State Board in conjunction with a structural repair activity defined in this subchapter; O&M activities determined to be necessary by the State Board will be included in a contract scope of work executed between the State Board and a sponsor;(N) Any other activity related to flood control dam structural repair at the discretion of the State Board and included in a contract scope of work executed between the State Board and a sponsor;(O) Upgrading or rehabilitation of a high hazard dam to meet TCEQ high hazard safety criteria.(15) Texas Commission on Environmental Quality (TCEQ)--The state agency created under Title 2, Subtitle A, Chapter 5 of the Texas Water Code (formerly the Texas Natural Resource Conservation Commission).(16) Watershed agreement--A legal document that records the responsibilities of the sponsors and NRCS for implementing a watershed project plan relating to contributions of funding, the acquisition of land rights, construction, O&M, project administration, management of affected lands, as well as responsibilities regarding permitting and water and mineral rights.(17) Watershed project--A geographic area delineated by the boundaries of a watershed within which a series of flood control dams have been constructed or are planned to be constructed by NRCS to prevent and/or minimize floodwater damage to lives and property.(18) Watershed project plan (or Work Plan)--A plan developed by local sponsors with the assistance of NRCS for a watershed project that includes descriptions of the watershed, problems to be addressed, works of improvement to be installed, costs of installed works, project benefits, cost-benefit analyses, financing information, and general requirements for O&M. Source Note: The provisions of this §529.51 adopted to be effective April 25, 2010, 35 TexReg 3069; amended to be effective February 6, 2020, 45 TexReg 917; amended to be effective May 7, 2023, 48 TexReg 2378. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 529 FLOOD CONTROL B STRUCTURAL REPAIR GRANT PROGRAM §529.51 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213419&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 213419 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213419&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 213419 03/11/2026 (a) General Fiscal Provisions. SWCD sponsors entering into a contract with the State Board for structural repair activities must comply with all applicable provisions within the Manual of Fiscal Operations for Soil and Water Conservation Districts unless the contract scope of work specifies otherwise. The Manual of Fiscal Operations for Soil and Water Conservation Districts is approved and periodically amended by the State Board and is available on the State Board's website; hardcopies of this manual may be requested from the State Board.(b) Sources of funding. The amount of funding made available for structural repair grants during a fiscal year will be determined by the State Board out of funds appropriated by the Texas Legislature. Other sources of funding may be used for structural repair grants by the State Board if applicable and when available. Funds will be obligated by contract between the State Board and sponsors for the period of time specified within a contract.(c) Reimbursement only. Payment will be made on a reimbursement basis only.(d) Activities eligible for reimbursement. Funds may be used to reimburse costs associated with the performance of structural repair activities as defined by this subchapter on flood control dams, as well as costs associated with the purchasing of easements, engineering design, performance inspections, and any other structural repair activities approved by the State Board at their discretion. Legal fees associated with purchasing easements and land rights determinations may be eligible for reimbursement if specified in a contract scope of work executed between the State Board and sponsors.(e) There is no non-state funded matching requirement for projects awarded grant funding under this subchapter.(f) Administrative costs of sponsors. Contracts between the State Board and sponsors may include an amount for administration not to exceed 5-percent of the total contract amount.(g) Utilizing structural repair grant funds for O&M. Contracts between the State Board and sponsors may include funds for performing O&M activities as defined by §529.2(9) of this chapter if those activities are included in the contract scope of work. Source Note: The provisions of this §529.52 adopted to be effective April 25, 2010, 35 TexReg 3069; amended to be effective February 6, 2020, 45 TexReg 917; amended to be effective May 7, 2023, 48 TexReg 2378. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 529 FLOOD CONTROL B STRUCTURAL REPAIR GRANT PROGRAM §529.52 Administration of Funds https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145188&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 145188 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145188&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 145188 03/11/2026 It is the intent of the State Board that flood control dam sponsors prioritize structural repair needs within their respective jurisdictions. The act of submitting an application for structural repair grant funds shall be interpreted by the State Board as consensus that the projects identified in the application are the highest priorities mutually selected by all sponsors. Source Note: The provisions of this §529.53 adopted to be effective April 25, 2010, 35 TexReg 3069. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 529 FLOOD CONTROL B STRUCTURAL REPAIR GRANT PROGRAM §529.53 Prioritization of Structural Repair Needs https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198311&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 198311 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198311&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 198311 03/11/2026 The State Board may publish a request for applications for structural repair grants. The amount of funding made available through the request for applications will be determined by the State Board. Upon being made aware of flood control dam structural repair needs not identified on an application received as a result of the request for applications, the State Board may independently solicit for contractors to complete a structural repair project. Source Note: The provisions of this §529.54 adopted to be effective April 25, 2010, 35 TexReg 3069; amended to be effective February 6, 2020, 45 TexReg 917. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 529 FLOOD CONTROL B STRUCTURAL REPAIR GRANT PROGRAM §529.54 Request for Applications https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213420&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 213420 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213420&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 213420 03/11/2026 (a) Applications must be submitted on forms provided by the State Board.(b) All applications must have certification signatures by authorized individuals from all sponsors identified in the applicable watershed agreement with O&M responsibility for the flood control dam(s) on which repairs are proposed acknowledging and approving the application prior to it being submitted to the State Board for consideration. Certification by signature means the sponsor agrees to cooperate on the project with the other sponsors and may consider entering into a contract with the State Board relating to the project's completion. Where one or more of the sponsors listed on the watershed agreement is no longer formally in existence, the remaining sponsors should contact the State Board prior to submitting an application for additional guidance.(c) Each application must identify one individual as the person that will represent all sponsors identified on the application. The authorized representative shall be the single point of contact for all communications regarding an application.(d) Each application must include cost estimates for the entire project. Cost estimates must be categorized by construction, easement purchasing, and legal fees.(e) Each application must specify the length of time in which the project is anticipated to be completed.(f) Submittal of an application does not constitute a contractual agreement or a promise of a contractual agreement between the State Board and any entity. Source Note: The provisions of this §529.55 adopted to be effective April 25, 2010, 35 TexReg 3069; amended to be effective February 6, 2020, 45 TexReg 917; amended to be effective May 7, 2023, 48 TexReg 2378. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 529 FLOOD CONTROL B STRUCTURAL REPAIR GRANT PROGRAM §529.55 Submitting an Application https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213421&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 213421 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213421&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 213421 03/11/2026 (a) The State Board will perform an administrative and technical review of all applications to evaluate consistency with state law and program rules and guidance.(b) Applications determined to be administratively and technically complete, as well as consistent with program rules, will be evaluated against criteria and policies adopted by the State Board. Source Note: The provisions of this §529.56 adopted to be effective April 25, 2010, 35 TexReg 3069; amended to be effective February 6, 2020, 45 TexReg 917; amended to be effective May 7, 2023, 48 TexReg 2378. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 529 FLOOD CONTROL B STRUCTURAL REPAIR GRANT PROGRAM §529.56 Review and Selection of Applications https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213422&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 213422 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213422&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 213422 03/11/2026 Structural repair grant funds may be obligated through contractual agreement to any entity listed as a sponsor on a watershed agreement or to the NRCS. The State Board may execute contracts with multiple sponsors to complete the project as necessary. Source Note: The provisions of this §529.57 adopted to be effective April 25, 2010, 35 TexReg 3069; amended to be effective February 6, 2020, 45 TexReg 917; amended to be effective May 7, 2023, 48 TexReg 2378. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 529 FLOOD CONTROL B STRUCTURAL REPAIR GRANT PROGRAM §529.57 Contracts Between the State Board and Sponsors https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145193&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 145193 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145193&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 145193 03/11/2026 Solicitation of bids will be required for purchases more than $50,000 in accordance with provisions of §271.024 of the Local Government Code. Source Note: The provisions of this §529.58 adopted to be effective April 25, 2010, 35 TexReg 3069. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 529 FLOOD CONTROL B STRUCTURAL REPAIR GRANT PROGRAM §529.58 Solicitation of Bids by Contracted Sponsors https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145194&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 145194 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145194&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 145194 03/11/2026 (a) Contracted sponsors may let subcontracts for engineering design, construction, and easement purchasing. Subcontracts must be in written form and be made available to the State Board upon request.(b) If a subcontract is for the construction of public works and is required by §271.024 of the Local Government Code to be submitted to competitive bidding, the successful bidder must comply with §271.059 of the Local Government Code relating to payment and performance bonding. Source Note: The provisions of this §529.59 adopted to be effective April 25, 2010, 35 TexReg 3069. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 529 FLOOD CONTROL B STRUCTURAL REPAIR GRANT PROGRAM §529.59 Subcontracting Requirements https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145195&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 145195 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145195&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 145195 03/11/2026 (a) Funding for required engineering design and inspection on structural repair activities may be included in a contract between the State Board and a sponsor, or may be provided through a separate agreement between the State Board and another contracted entity.(b) Where engineering designs associated with a structural repair grant will result in a change to the functioning of the dam, the engineer of record must be notified of the planned change in design prior to the commencement of work.(c) If concurrence from the NRCS and/or TCEQ must be obtained for a structural repair activity included in a contract scope of work, such concurrence must be obtained and provided in writing to the State Board prior to the commencement of work. Source Note: The provisions of this §529.60 adopted to be effective April 25, 2010, 35 TexReg 3069. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 529 FLOOD CONTROL B STRUCTURAL REPAIR GRANT PROGRAM §529.60 Engineering Design and Inspection https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145196&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 145196 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145196&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 145196 03/11/2026 (a) Reimbursement requests for contracted structural repair activities are subject to approval by the State Board and must be submitted on forms provided by the State Board.(b) All reimbursement requests for activities performed by a subcontractor must be accompanied by applicable invoices. Source Note: The provisions of this §529.61 adopted to be effective April 25, 2010, 35 TexReg 3069. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 529 FLOOD CONTROL B STRUCTURAL REPAIR GRANT PROGRAM §529.61 Reimbursements https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213417&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 213417 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213417&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 213417 03/11/2026 (a) Grant funds included in a contract between the State Board and a sponsor for a structural repair activity may be used as match funding for a federal watershed rehabilitation project.(b) The State Board may contract with a sponsor for the express purpose of providing all or a portion of the monetary non-federal match requirement for a federal NRCS watershed rehabilitation project or a repair project funded through the NRCS Emergency Watershed Protection Program. The scope of work for the overall federal project approved by the NRCS may serve as the scope of work associated with the contract between the State Board and a sponsor. Source Note: The provisions of this §529.62 adopted to be effective April 25, 2010, 35 TexReg 3069; amended to be effective May 7, 2023, 48 TexReg 2378. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 529 FLOOD CONTROL B STRUCTURAL REPAIR GRANT PROGRAM §529.62 Structural Repair Grants Used as Match for Federal Projects https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190495&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 190495 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190495&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 190495 03/11/2026 Pursuant to Section 201.0225, Agriculture Code, the Texas State Soil and Water Conservation Board (State Board) shall develop and implement a program to eradicate Carrizo cane along the Rio Grande River, added by Acts 2015, 84th Leg., R.S., Ch. 431 (S.B. 1734), Sec. 1, effective June 10, 2015. Within this context, and with the understanding based on legislative committee discussion that the purpose of the Carrizo Cane Eradication Program is to take steps to control this non-native invasive species because it poses an ecological threat and provides cover for individuals seeking to cross the border illegally into the United States, it is the policy of the State Board to administer a voluntary program in cooperation with local soil and water conservation districts (SWCDs) that provides technical and financial assistance to landowners for supporting those purposes. In accordance with this purpose, §§530.1 - 530.7 of this subchapter are adopted. Source Note: The provisions of this §530.1 adopted to be effective April 18, 2018, 43 TexReg 2283. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 530 CARRIZO CANE ERADICATION PROGRAM §530.1 Statutory Authority and Policy Statement https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190496&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 190496 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190496&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 190496 03/11/2026 The following words and terms, when used in this chapter, have the following meanings:(1) Biological control--The use of specialized insects from the native home of Carrizo cane biomass above ground.(2) Border security priority area--A geographic area delineated by the State Board that may receive an allocation of funding under the Carrizo Cane Eradication Program.(3) Carrizo cane--Arundo donax, giant cane, is a tall perennial cane, one of several so-called reed species. Its other common names include Carrizo, Arundo, Spanish cane, Colorado river reed, wild cane, and giant reed.(4) Carrizo Cane Eradication Program--The Program codified in Section 201.0225, Agriculture Code, directing the State Board to develop and implement a program to eradicate Carrizo cane along the Rio Grande River, added by Acts 2015, 84th Leg., R.S., Ch. 431 (S.B. 1734), Sec. 1, effective June 10, 2015.(5) Conservation plan--A combination of conservation land improvement measure(s) approved by the State Board and applied to the land to control soil erosion or improve the quality and/or quantity of water.(6) Fiscal year--The 12-month period of time beginning September 1 of a year and ending on August 31 of the following year.(7) Follow-up treatment--The act of repeating a previously used treatment method, or additional approved methods, on the same lands in order maintain or improve Carrizo cane control in a priority area.(8) Herbicides--Chemical substances, also commonly known as weed killers, that are used to control unwanted plants.(9) Label--A label attached to the packaging of an herbicide product that provides instructions for storage and disposal, use of the product, and precautions for the user and the environment.(10) Mechanical control--Any method not defined as biological or through the use of herbicides to control Carrizo cane, to include mowing, shredding, hand cutting, or any similar means.(11) Rio Grande River--The river that delineates the international boundary between the United States and the United Mexican States (Mexico) within the jurisdiction of the State of Texas.(12) Soil and water conservation district (SWCD)--A governmental subdivision of this state and a public body corporate and politic, organized pursuant to Chapter 201 of the Agriculture Code.(13) Texas Department of Public Safety--A department of the government of the State of Texas responsible for statewide law enforcement and vehicle regulation.(14) Texas State Soil and Water Conservation Board (State Board)--The state agency organized pursuant to Chapter 201 of the Agriculture Code. Source Note: The provisions of this §530.2 adopted to be effective April 18, 2018, 43 TexReg 2283. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 530 CARRIZO CANE ERADICATION PROGRAM §530.2 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190497&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 190497 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190497&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 190497 03/11/2026 (a) General Fiscal Provisions. Eligible Soil and Water Conservation Districts (SWCDs) must comply with any applicable provisions within the Manual of Fiscal Operations for Soil and Water Conservation Districts at all times. The Manual of Fiscal Operations for Soil and Water Conservation Districts is approved and periodically amended by the State Board and is available on the State Board's website; hardcopies of this manual may be requested from the State Board. Non-governmental contracted service providers must comply with all applicable federal and state laws and judicial mandates, as well as agreements between the State Board and law enforcement entities regarding priority areas.(b) Sources of funding. Funding for this program is provided through general revenue from the Texas Legislature and periodically federal sources when available.(c) Allocation and reimbursement. Allocations of available funding will be made by the State Board prior to any contracts or activities being initiated. All payments made to landowners, SWCDs, and private vendors shall be through reimbursement upon submittal of reimbursement requests on State Board-approved forms and in accordance with all applicable laws, rules, and regulations. Source Note: The provisions of this §530.3 adopted to be effective April 18, 2018, 43 TexReg 2283. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 530 CARRIZO CANE ERADICATION PROGRAM §530.3 Administration of Funds https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190498&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 190498 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190498&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 190498 03/11/2026 Activities eligible for reimbursement include any form of mechanical control, use of biological methods approved by the State Board, and the use of herbicides from land, water, and aerial platforms, in accordance with all required laws, rules and regulations. All use of herbicides will done in accordance with the specific product's label. Source Note: The provisions of this §530.4 adopted to be effective April 18, 2018, 43 TexReg 2283. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 530 CARRIZO CANE ERADICATION PROGRAM §530.4 Activities Eligible for Reimbursement https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190499&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 190499 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190499&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 190499 03/11/2026 (a) All activities shall be for the removal of Carrizo cane on lands along the Rio Grande River on the border between the State of Texas and the United Mexican States, including tributaries and canals associated with border security priority areas. When appropriate, methods that control other noxious species of brush may be used in conjunction with methods that control Carrizo cane, so long as there is a water conservation or border security benefit.(b) No landowner is required to participate in this program.(c) Treatment costs financed through this program shall be reimbursed at a 100-percent basis, unless an exception is approved by the State Board for a cost-sharing requirement between the State Board and another party. Source Note: The provisions of this §530.5 adopted to be effective April 18, 2018, 43 TexReg 2283. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 530 CARRIZO CANE ERADICATION PROGRAM §530.5 Applicability https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190500&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 190500 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190500&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 190500 03/11/2026 (a) Allocation criteria. All available funding, regardless of whether the funding is through state appropriations or through federal funding acquired through competitive or non-competitive processes, shall be approved by the State Board. Within a fiscal year, if adjustments are required, the State Board will approve such adjustments or provide the State Board staff the authority to make adjustments when the State Board has adopted such a policy for a specific fiscal year.(b) Prioritization of activities. The State Board will consider recommendations from the Texas Department of Public Safety and local law enforcement entities regarding prioritization of activities. The State Board shall approve all allocations of funding to specific geographic areas based on political subdivision boundaries, watershed boundaries, or boundaries as defined by the State Board based on coordination activities with the above referenced law enforcement entities.(c) Contracting. The State Board may enter into contracts directly with landowners, state agencies, federal agencies, SWCDs, other political subdivisions of state government, municipalities, and private vendors to administer the program. The State Board will comply with applicable law, policies, and procedures in the procurement of audit services, the expenditure of funds under a contract, and al the other aspects of forming and administering a contract.(d) Emergency allocations. The State Board may redirect funding from one project area to another when notified of changing priorities by the Texas Department of Public Safety or local law enforcement entities within a fiscal year. Source Note: The provisions of this §530.6 adopted to be effective April 18, 2018, 43 TexReg 2283. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 530 CARRIZO CANE ERADICATION PROGRAM §530.6 Priority Area Establishment, Allocation of Funds, and Contracting Requirements https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190501&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 190501 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190501&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 190501 03/11/2026 (a) All private lands that are treated through this program shall be required to agree to a conservation plan for mitigating after-effects of treatment to address soil and water conservation issues. Each of these conservation plans shall be considered confidential in accordance with Agriculture Code 201.006.(b) All participants in this program shall be eligible for follow-up treatment at the discretion of the State Board, the local SWCD, and in coordination with the Texas Department of Public Safety and local law enforcement entities on an as needed basis. Source Note: The provisions of this §530.7 adopted to be effective April 18, 2018, 43 TexReg 2283. 17 TEXAS STATE SOIL AND WATER CONSERVATION BOARD 530 CARRIZO CANE ERADICATION PROGRAM §530.7 Conservation Plans and Follow-Up Treatment https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=125893&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 125893 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=125893&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 125893 03/11/2026 The purposes of this chapter are:(1) to implement duties and responsibilities assigned to the committee under Texas Water Code, §26.406, concerning the maintenance by member agencies of public files containing documented cases of groundwater contamination and the publication by the committee, in conjunction with the commission, of annual groundwater monitoring and contamination reports;(2) to establish general policies of the committee to guide that implementation; and(3) to specify the form and content of the notice of groundwater contamination required under Texas Water Code, §26.408. Source Note: The provisions of this §601.1 adopted to be effective March 29, 1991, 16 TexReg 1560; amended to be effective August 16, 2006, 31 TexReg 6380. 18 TEXAS GROUNDWATER PROTECTION COMMITTEE 601 GROUNDWATER CONTAMINATION REPORT A GENERAL PROVISIONS RELATING TO PUBLIC FILES AND JOINT REPORT §601.1 Purposes of Rules https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=168264&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 168264 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=168264&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 168264 03/11/2026 This chapter specifically applies to each state agency or organization having membership on the committee. The committee is composed of:(1) the Texas Commission on Environmental Quality;(2) the Texas Department of State Health Services;(3) the Texas Department of Agriculture;(4) the Railroad Commission of Texas;(5) the Texas Water Development Board;(6) the Texas Alliance of Groundwater Districts;(7) the Texas A&M AgriLife Research;(8) the Bureau of Economic Geology of the University of Texas at Austin;(9) the Texas State Soil and Water Conservation Board; and(10) the Water Well Drillers and Pump Installers Program of the Texas Department of Licensing and Regulation. Source Note: The provisions of this §601.2 adopted to be effective March 29, 1991, 16 TexReg 1560; amended to be effective September 13, 1998, 23 TexReg 9064; amended to be effective July 28, 2002, 27 TexReg 6535; amended to be effective August 16, 2006, 31 TexReg 6380; amended to be effective August 10, 2014, 39 TexReg 5951. 18 TEXAS GROUNDWATER PROTECTION COMMITTEE 601 GROUNDWATER CONTAMINATION REPORT A GENERAL PROVISIONS RELATING TO PUBLIC FILES AND JOINT REPORT §601.2 Applicability https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=125895&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 125895 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=125895&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 125895 03/11/2026 The following words and terms, when used in this chapter, have the following meanings.(1) Act--House Bill 1458 (71st Legislature, 1989) codified, with amendments, as Texas Water Code, §§26.401 - 26.408.(2) Commission--Texas Commission on Environmental Quality.(3) Committee--Texas Groundwater Protection Committee.(4) Documented groundwater contamination--A case of groundwater contamination in which a member agency has an established procedure for making a determination based on the quality of groundwater and the information pertinent to making the determination is maintained by that member agency under §601.4(b) of this title (relating to Public Files).(5) Enforcement action--Any action of the member agencies, identified in §601.2 of this title (relating to Applicability), that accomplishes or requires the identification, documentation, monitoring, assessing, or remediation of groundwater contamination.(6) Groundwater--Water below the land surface in a zone of saturation.(7) Groundwater contamination--The detrimental alteration of the naturally occurring physical, thermal, chemical, or biological quality of groundwater. Except for an underground source of drinking water granted an aquifer exemption by the commission with concurrence from the United States Environmental Protection Agency in accordance with 40 Code of Federal Regulations Parts 144 - 146, and 30 TAC Chapter 331 (relating to Underground Injection Control), groundwater contamination, for purposes of inclusion of cases in the public files and the joint groundwater monitoring and contamination report, is limited to contamination reasonably suspected of having been caused by activities or by entities under the jurisdiction of the member agencies identified in §601.2 of this title (relating to Applicability) and affecting groundwater that contains a concentration of:(A) less than or equal to 10,000 milligrams per liter (mg/liter) of dissolved solids; or(B) greater than 10,000 mg/liter of dissolved solids if it is:(i) currently extracted for beneficial use such as domestic, industrial, or agricultural purposes; or(ii) hydrologically connected with, and with the potential for contaminant movement to, a surface water body or another zone of groundwater that has a concentration of less than or equal to 10,000 mg/liter of dissolved solids.(8) Member agency--A state agency or organization designated by law under Texas Water Code, §26.403(c), to serve on the committee and be subject to its rules. Member agencies are listed in §601.2 of this title (relating to Applicability). Member agencies having responsibilities related to protection of groundwater include the commission, the Department of Agriculture, the Railroad Commission of Texas, and the State Soil and Water Conservation Board. Source Note: The provisions of this §601.3 adopted to be effective March 29, 1991, 16 TexReg 1560; amended to be effective September 13, 1998, 23 TexReg 9064; amended to be effective July 28, 2002, 27 TexReg 6535; amended to be effective August 16, 2006, 31 TexReg 6380. 18 TEXAS GROUNDWATER PROTECTION COMMITTEE 601 GROUNDWATER CONTAMINATION REPORT A GENERAL PROVISIONS RELATING TO PUBLIC FILES AND JOINT REPORT §601.3 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=125896&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 125896 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=125896&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 125896 03/11/2026 (a) Subject to the limitations provided by Texas Water Code, §§26.401 - 26.408 (the Act), and the Texas Public Information Act, Texas Government Code, Chapter 552, information collected, assembled, or maintained by the committee and the member agencies having responsibilities related to protection of groundwater under the Act is a public record open to inspection and copying during regular business hours.(b) Each member agency having responsibilities related to the protection of groundwater under the Act shall maintain a public file of all documented cases of groundwater contamination that are reasonably suspected of having been caused by activities regulated by the member agency. Source Note: The provisions of this §601.4 adopted to be effective March 29, 1991, 16 TexReg 1560; amended to be effective September 13, 1998, 23 TexReg 9064; amended to be effective August 16, 2006, 31 TexReg 6380. 18 TEXAS GROUNDWATER PROTECTION COMMITTEE 601 GROUNDWATER CONTAMINATION REPORT A GENERAL PROVISIONS RELATING TO PUBLIC FILES AND JOINT REPORT §601.4 Public Files https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=125897&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 125897 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=125897&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 125897 03/11/2026 In conjunction with the commission, the committee shall publish not later than April 1 of each year a joint groundwater monitoring and contamination report covering the activities and findings of the committee made during the previous calendar year. The report must:(1) describe the current status of groundwater monitoring programs conducted by or required by each member agency at regulated facilities or in connection with regulated facilities;(2) contain a description of each case of groundwater contamination documented during the previous calendar year and of each case of groundwater contamination documented during previous years for which enforcement action was incomplete at the time of issuance of the preceding report; and(3) indicate the status of enforcement action for each case of groundwater contamination that is included in the report. Source Note: The provisions of this §601.5 adopted to be effective March 29, 1991, 16 TexReg 1560; amended to be effective September 13, 1998, 23 TexReg 9064; amended to be effective July 28, 2002, 27 TexReg 6535; amended to be effective August 16, 2006, 31 TexReg 6380. 18 TEXAS GROUNDWATER PROTECTION COMMITTEE 601 GROUNDWATER CONTAMINATION REPORT A GENERAL PROVISIONS RELATING TO PUBLIC FILES AND JOINT REPORT §601.5 Joint Groundwater Monitoring and Contamination Report https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=105109&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 105109 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=105109&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 105109 03/11/2026 When notice of groundwater contamination, as defined in §601.3(7) of this title (relating to Definitions), is provided under Texas Water Code, §26.408 to the owner of a private drinking water well that may be affected by the contamination and to each applicable groundwater conservation district, the notice shall:(1) be in writing; and(2) contain, at a minimum, the following information:(A) the name of the contaminant or contaminants;(B) the range of analytical results for the contaminant or contaminants measured in the area or well to date;(C) possible health effects of the contaminant or contaminants;(D) possible source or sources for this type of contamination;(E) suggested actions and precautions potentially impacted well owners could take; and(F) who to contact for more information. Source Note: The provisions of this §601.10 adopted to be effective November 12, 2003, 28 TexReg 9882. 18 TEXAS GROUNDWATER PROTECTION COMMITTEE 601 GROUNDWATER CONTAMINATION REPORT B NOTICE OF GROUNDWATER CONTAMINATION §601.10 Form and Content of Groundwater Contamination Notice https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3748&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3748 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3748&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3748 03/11/2026 This chapter shall govern policy bases under which the council awards loans and grants under the Act and the procedure for the conduct of any proceeding before the Alternative Fuels Council on an application for the disbursement of funds. Source Note: The provisions of this §655.1 adopted to be effective February 11, 1994, 19 TexReg 628. 19 TEXAS ALTERNATIVE FUELS COUNCIL 655 ADMINISTRATION A COUNCIL PRACTICES §655.1 Applicability https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3749&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3749 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3749&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3749 03/11/2026 The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Act--Texas Natural Resources Code, Chapter 113.(2) Alternative fuel (also referred to as "environmentally beneficial fuel" and "clean-burning fuel")--This term means:(A) natural gas;(B) liquefied petroleum gas;(C) electricity;(D) methanol or methanol/gasoline blends of 85% (M85) or greater;(E) ethanol or ethanol/gasoline blend of 85% (E85), or greater; or(F) hydrogen.(3) Alternative fuel vehicles (also referred to as "clean-fuel vehicles")--A vehicle:(A) capable of operating on an alternative fuel;(B) approved by the Texas Natural Resource Conservation Commission (TNRCC) for emissions; and(C) having a fuel system certified or approved by the Railroad Commission of Texas for safety, if applicable.(4) Applicant--An individual, business, state agency, county, municipality, school district, institution of higher education, health care facility, or mass transit authority seeking to obtain a loan, grant, or other disbursement from the council.(5) Bi-fuel vehicle--A vehicle capable of operating on an alternative fuel or a conventional fuel but not on both at the same time.(6) Chairman--The chairman of the council.(7) Council--The Alternative Fuels Council as established by Texas Natural Resources Code, Chapter 113.(8) Conversion--This term means:(A) the replacement of gasoline or diesel-powered fleet vehicles with alternative fuel vehicles to achieve greater alternative fuel vehicle composition in the fleet; or(B) the retrofitting or upfitting of a gasoline or diesel-powered vehicle with an alternative fuel fueling system.(9) Designee--Individual employed by a council member's agency, board, or commission designated by that council member to act on his or her behalf.(10) Dual-fueled vehicle--A vehicle capable of operating on two different fuels simultaneously, at least one of which is an alternative fuel.(11) Fuel system--Electrical or mechanical devices on board a vehicle for delivery of fuel to the vehicle engine, as defined by the Railroad Commission of Texas, where applicable.(12) Historically underutilized business--This term means:(A) a corporation formed for the purpose of making a profit in which at least 51% of all classes of the shares of stock or other equitable securities are owned by one or more persons who have been historically underutilized because of their identification as women or as members of certain minority groups, including Black Americans, Hispanic Americans, Asian Pacific Americans, and Native Americans who have suffered the effects of discriminatory practices or similar invidious circumstances over which they have no control;(B) a sole proprietorship for the purpose of making profit that is 100% owned, operated, and controlled by a person described in subparagraph (A) of this definition;(C) a partnership for the purpose of making a profit in which at least 51% of the assets and interest in the partnership is owned by one or more persons described in subparagraph (A) of this definition. Those persons must have a proportionate interest in the control, operation, and management of the partnership's affairs;(D) a joint venture in which each entity in the joint venture is a historically underutilized business under this subsection; or(E) a supplier contract between a historically underutilized business under this subsection and a prime contractor under which the historically underutilized business is directly and regularly involved in the manufacture or distribution of the supplies or materials or otherwise warehouses and ships the supplies.(13) Joint venture--An undertaking between a private person or firm and an agency of the State of Texas or political subdivision thereof or an undertaking between two or more agencies of the State of Texas or political subdivisions thereof entered into for the purpose of engaging in a specific alternative fuel related project or series of projects for mutual profit or benefit.(14) Member--A member of the council or his or her designee as provided by Texas Natural Resources Code, §113.283.(15) Minority-owned business--A historically underutilized business in which the underutilized person or persons is a member of a minority group.(16) Motor fuel system--A natural gas or liquid petroleum gas system, as defined by the Railroad Commission of Texas.(17) Nonattainment--A term used to define an area in which the ambient air quality does not meet an applicable National Ambient Air Quality Standard (NAAQS). NAAQS have been promulgated by the Environmental Protection Agency (EPA) establishing the maximum concentration of criteria pollutants in the ambient air.(18) Original equipment manufacturer (OEM)--A final stage manufacturer or the final assembler before the vehicle is delivered to the consumer. OEMs accept responsibility for vehicle warranty as required by federal and state laws and retain all liability for their product, after the sale, for meeting all vehicle validation and certification requirements.(19) OEM vehicle--A vehicle built by an OEM.(20) Person--Any natural person, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than an agency.(21) Proceeding--All hearings and other matters conducted at the direction of the council on an application, from docketing of an application to final council decision on an application.(22) Refueling infrastructure--Refueling facilities (whether one or more) necessary to dispense alternative fuel to alternative fuel vehicles. A refueling facility is any depreciable property, including a building and its structural components, designed for the storage and dispensing of an alternative fuel into a fuel tank of a motor vehicle or for the purpose of recharging electric vehicles (EVs) at the point where recharging occurs. Refueling infrastructure does not include natural gas pipelines or distribution lines or electric distribution lines located outside the boundaries of the property on which a refueling facility is located.(23) State implementation plan (SIP)--A plan, or subsequent revisions thereto, promulgated by a state to implement the state's regulatory obligations under the Federal Clean Air Act, such as those related to attainment of the NAAQS.(24) Women-owned business--See definition for "historically underutilized business." Source Note: The provisions of this §655.5 adopted to be effective February 11, 1994, 19 TexReg 628. 19 TEXAS ALTERNATIVE FUELS COUNCIL 655 ADMINISTRATION A COUNCIL PRACTICES §655.5 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19515&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19515 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19515&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19515 03/11/2026 (a) Members of the council are:(1) the commissioner of the General Land Office;(2) the members of the Railroad Commission of Texas;(3) the chairman of the General Services Commission; and(4) the chairman of the Texas Natural Resources Conservation Commission.(b) A council member may designate an individual from the state agency the member represents to serve in place of the member. Designees shall have all power and authority granted the members of the council under the Act and under this chapter.(c) Chairmanship of the council shall rotate annually, on each September 1st, between the commissioner of the General Land Office and the chairman of the Railroad Commission of Texas or their designees.(d) The council may designate an executive committee to review, evaluate, consider, or analyze applications on the council's behalf. The executive committee may perform any other function deemed necessary by the council. The recommendations and any required technical reviews of an application must be made in writing and circulated to all council members. The council shall consider the written recommendation of the executive committee, but shall not be bound by such recommendation. Source Note: The provisions of this §655.10 adopted to be effective February 11, 1994, 19 TexReg 628. 19 TEXAS ALTERNATIVE FUELS COUNCIL 655 ADMINISTRATION A COUNCIL PRACTICES §655.10 Members of the Council https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=28593&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 28593 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=28593&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 28593 03/11/2026 (a) The council shall meet at the call of the chairman.(b) The chairman may establish a quarterly calendar, listing the meeting dates of the council during the subsequent three months.(c) This calendar may be adopted by majority vote of the council for each subsequent three-month period. Source Note: The provisions of this §655.15 adopted to be effective February 11, 1994, 19 TexReg 628. 19 TEXAS ALTERNATIVE FUELS COUNCIL 655 ADMINISTRATION A COUNCIL PRACTICES §655.15 Meetings https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19555&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19555 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19555&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19555 03/11/2026 (a) The clerk shall prepare the agenda prior to council meetings. Notice of all items to be considered shall be filed with the secretary of state as required by law.(b) Items shall also be included on the agenda upon the written request of any council member.(c) Items shall be included on the agenda upon the timely written request of the executive committee. The written request shall be forwarded to the clerk.(d) If the chairman determines that there is an emergency as defined by the Texas Government Code, §551.045, requiring immediate council action, the chairman may post a supplemental notice of hearing and add such emergency item(s) to the agenda. The other council members shall be given notice of any such emergency posting and addition(s) to the agenda. Source Note: The provisions of this §655.20 adopted to be effective February 11, 1994, 19 TexReg 628. 19 TEXAS ALTERNATIVE FUELS COUNCIL 655 ADMINISTRATION A COUNCIL PRACTICES §655.20 Meeting Agenda https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19562&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19562 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19562&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19562 03/11/2026 (a) The chairman of the council or the chairman's designee shall preside at all meetings. All meetings shall comply with Texas Government Code, Chapter 551, and this chapter.(b) During the absence or disability of the chairman or his or her designee, the member next scheduled to be chairman shall perform the duties and exercise the powers of the chairman.(c) The chairman of the council is designated as the clerk of the council and shall perform the duties prescribed herein and such other duties as may be prescribed by the council. The chairman may assign such duties to an appropriate employee.(d) The clerk shall be responsible for filing notice of regular and emergency meetings as required by law. The clerk shall also give notice of the meetings to council members.(e) A quorum consists of four council members or their designees.(f) Council meetings shall be conducted in accordance with standard parliamentary rules of procedure.(g) Any action taken by the council must be upon the vote of a majority of council members present at the time the vote is taken. Source Note: The provisions of this §655.25 adopted to be effective February 11, 1994, 19 TexReg 628. 19 TEXAS ALTERNATIVE FUELS COUNCIL 655 ADMINISTRATION A COUNCIL PRACTICES §655.25 Conduct of Meetings https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19560&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19560 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19560&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19560 03/11/2026 The clerk shall keep a complete record of the meeting of the council and shall prepare minutes reflecting action taken by the council members present. The minutes shall state the subject matter of each deliberation and shall indicate each vote, order, decision, or other action taken by the council. A copy of the minutes shall be distributed to all council members. Source Note: The provisions of this §655.30 adopted to be effective February 11, 1994, 19 TexReg 628. 19 TEXAS ALTERNATIVE FUELS COUNCIL 655 ADMINISTRATION A COUNCIL PRACTICES §655.30 Record of Meetings https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=31195&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 31195 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=31195&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 31195 03/11/2026 (a) The council shall develop and implement reasonable policies that provide the public with an opportunity to appear before the council and speak on issues posted for consideration on the agenda.(b) The chairman has discretion to impose time limits and other constraints as necessary for the efficient and fair consideration of agenda items.(c) The council shall maintain a written plan describing how a person who does not speak English, or who has a physical, mental or developmental disability may be provided with reasonable access to council meetings. Source Note: The provisions of this §655.35 adopted to be effective February 11, 1994, 19 TexReg 628. 19 TEXAS ALTERNATIVE FUELS COUNCIL 655 ADMINISTRATION A COUNCIL PRACTICES §655.35 Public Participation https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=26756&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 26756 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=26756&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 26756 03/11/2026 The council may designate, appoint, or employ any persons necessary for the operation of the council, including, but not limited to, a director of administration. The council shall define the scope of authority of any designees, appointees, or employees. Source Note: The provisions of this §655.40 adopted to be effective February 11, 1994, 19 TexReg 628. 19 TEXAS ALTERNATIVE FUELS COUNCIL 655 ADMINISTRATION A COUNCIL PRACTICES §655.40 Council Employees https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19563&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19563 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19563&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19563 03/11/2026 The council's fiscal year begins on September 1 of each year and ends on August 31 of the following calendar year. Source Note: The provisions of this §655.45 adopted to be effective February 11, 1994, 19 TexReg 628. 19 TEXAS ALTERNATIVE FUELS COUNCIL 655 ADMINISTRATION A COUNCIL PRACTICES §655.45 Fiscal Year https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19564&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19564 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19564&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19564 03/11/2026 The council will adopt a budget for each fiscal year before the beginning of the fiscal year, and expenditures may not exceed budgeted amounts without authorization by the council. Source Note: The provisions of this §655.50 adopted to be effective February 11, 1994, 19 TexReg 628. 19 TEXAS ALTERNATIVE FUELS COUNCIL 655 ADMINISTRATION A COUNCIL PRACTICES §655.50 Council Budget https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19566&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19566 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19566&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19566 03/11/2026 The domicile and principal office of the council shall be at Austin, Texas. The council's offices are located at Room 104, Sam Houston State Office Building, Austin, Texas. Office hours are 8:00 a.m. to 5:00 p.m., Monday-Friday. The council's officers are closed on Saturday and Sundays and on state-observed holidays. The mailing address is Sam Houston State Office Building, Room 104, Austin, Texas 78701. Source Note: The provisions of this §655.55 adopted to be effective February 11, 1994, 19 TexReg 628. 19 TEXAS ALTERNATIVE FUELS COUNCIL 655 ADMINISTRATION A COUNCIL PRACTICES §655.55 Principal Domicile and Address https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19565&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19565 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19565&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19565 03/11/2026 The official seal of the council shall consist of the embossed impression of a circular disk containing on the outer rim the words "ALTERNATIVE FUELS COUNCIL," and in the center the great seal of the State of Texas. Source Note: The provisions of this §655.60 adopted to be effective February 11, 1994, 19 TexReg 628. 19 TEXAS ALTERNATIVE FUELS COUNCIL 655 ADMINISTRATION A COUNCIL PRACTICES §655.60 Official Seal https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=31196&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 31196 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=31196&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 31196 03/11/2026 In computing any period of time prescribed or allowed by this chapter, by order of the council, or by any applicable statute, the period shall begin on the day after the act, event, or filing in question and it shall conclude on the last day of the designated period, unless it is a Saturday, Sunday, or state-observed holiday, in which event the period shall conclude on the next day which is neither a Saturday, Sunday, nor a state-observed holiday. Source Note: The provisions of this §655.65 adopted to be effective February 11, 1994, 19 TexReg 628. 19 TEXAS ALTERNATIVE FUELS COUNCIL 655 ADMINISTRATION A COUNCIL PRACTICES §655.65 Computation of Time https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19567&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19567 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19567&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19567 03/11/2026 (a) Each applicant, attorney or other representative, or member of the public shall behave in all proceedings with dignity, courtesy, and respect for the council and all other participants. Attorneys shall observe and practice the standards of ethical behavior prescribed for the profession by the Texas Disciplinary Rules of Professional Conduct.(b) Upon violation of subsection (a) of this section, any applicant, attorney, or other representative, or member of the public may be excluded by the council from any meeting for such period and upon such conditions as are just, or may be subject to such other just, reasonable, and lawful disciplinary action as the council may prescribe. Source Note: The provisions of this §655.70 adopted to be effective February 11, 1994, 19 TexReg 628. 19 TEXAS ALTERNATIVE FUELS COUNCIL 655 ADMINISTRATION A COUNCIL PRACTICES §655.70 Conduct and Decorum https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19571&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19571 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19571&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19571 03/11/2026 (a) Funding may be provided to any project consistent with the Act. Priority will be given to eligible projects that demonstrate the following characteristics:(1) promote the purposes of and, where applicable, meet the requirements of, the laws of the United States or the State of Texas pertaining to alternative fuels, vehicle fleet composition requirements, or air quality. Those laws and regulations promulgated thereunder include, but are not limited to, the following:(A) 42 United States Code §7586, Clean Air Act (CAA), §246;(B) Texas Civil Statutes, Article 601b; Texas Education Code, §21.174, §21.180; Texas Civil Statutes, Chapter 683, §20, Acts of the 66th Legislature, 1979 (Article 1118y); Texas Civil Statutes, Chapter 141, §14, Acts of the 63rd Legislature, 1973 (Article 1118x); and Texas Civil Statutes, §6, Article 1118z;(C) Texas Education Code, §21.174(c)-(i); and(D) Texas Civil Statutes, Article 4477-5, §3.10, Texas Clean Air Act;(2) directly place alternative fuel vehicles on the road and/or develop refueling infrastructure;(3) located in Texas nonattainment areas, taking into consideration both the nonattainment level and percentage of pollution contributed by mobile sources, so as to have the greatest impact reasonably foreseeable on air quality and in meeting the requirements of air quality laws and regulations, including the Clean Air Act and Energy Policy Act, and the SIP;(4) located in borderline Texas attainment areas and other areas where aggressive alternative fuel programs could help prevent the area's air quality from deteriorating to nonattainment levels;(5) located in an area in which state, federal, and/or local coordinated air quality or alternative fuel efforts exist or are reasonably anticipated to be implemented within three years of the date of application for funding;(6) provide matching funds from their own revenues or from other sources such as private ventures or other sources of funding;(7) undertaken by local political subdivisions that will employ funding provided by the council to supplement either local tax revenues or general revenue funds that would otherwise be expended for the purpose for which funding is requested;(8) demonstrate the ability of the applicant to repay loans principally from fuel or other life-cycle savings or from operating revenues.(b) Funding for service training may be permitted if included in purchase of vehicles and/or refueling equipment to the extent that such training is not available from other sources, including applicant's own funds, or obtaining such training would be unduly burdensome in relation to the amount of funds available. Source Note: The provisions of this §655.75 adopted to be effective February 11, 1994, 19 TexReg 628. 19 TEXAS ALTERNATIVE FUELS COUNCIL 655 ADMINISTRATION A COUNCIL PRACTICES §655.75 Scope of Funding Available https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19572&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19572 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19572&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19572 03/11/2026 (a) Applications filed with the council shall be on an application form promulgated by the council. Appropriate instructions and explanatory materials will be provided with the application.(b) Dates for the submission of applications shall be set and published by the council. If funds are available, application dates will be set not less than annually.(c) The deadline for receipt and consideration of an application for funding is the close of business (5:00 p.m.) on the submission date. An application is considered filed when actually received in the council offices or when postmarked showing the application was received and accepted by the United States post office, a common carrier or its equivalent, at least four calendar days prior to submission date. Metered mail is not acceptable unless it also includes a United States Postal Service postmark.(d) Applicants shall pay, at the time of filing the application, a nonrefundable filing fee in an amount set by the council.(e) All documents relating to an application shall be filed with the council. Each application will be marked with the date and time received in the offices of the council. The envelope or other wrapper in which an application received by mail or common carrier was enclosed shall be retained with the application.(f) A copy of all applications and supporting documentation shall be maintained at the council's office. Applicants are advised that the council must comply with the Open Records Act, Texas Government Code, Chapter 552, and therefore that the application and supporting documentation are subject to the Open Records Act.(g) An application for a grant, loan, or other disbursement of funds shall be accompanied by all supporting documentation at the time the application is filed, except as provided in subsection (h) of this section.(h) Upon receipt, an application will undergo an initial review by the council to determine whether the application is complete and whether all proposed activities are eligible for funding. The results of the initial review shall be provided to the applicant. The applicant may correct any deficiencies within 10 calendar days of the date of the notification of such deficiencies from the council. Upon determination that the application is complete, the application shall be forwarded to the executive committee for consideration.(i) A technical review of all applications or of particular classes of applications may be required by the council. The technical review may include investigation into the economic and technical feasibility of the project for which funding is sought and the likelihood that the project, if implemented, will accomplish the objectives stated in the application or established by the council.(j) The council may require an investigation of the financial circumstances, business experience, and background of applicants, the personnel identified by an applicant as being principally responsible for the project for which funding is sought, and the same information concerning specific suppliers of goods and/or services proposed to be acquired pursuant to the terms of the application. Source Note: The provisions of this §655.80 adopted to be effective February 11, 1994, 19 TexReg 628. 19 TEXAS ALTERNATIVE FUELS COUNCIL 655 ADMINISTRATION A COUNCIL PRACTICES §655.80 Filing of Applications https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3750&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3750 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3750&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3750 03/11/2026 (a) All applicants, whether requesting a loan or a grant, must provide the information described in this section. Failure to provide the information or failure to fully disclose any material fact concerning the subject matter of the required information items shall be grounds for rejection of the application. Knowing concealment of material facts concerning the subject matter of the required information items shall be grounds for refusal to consider any further application submitted by the applicant or under which the applicant would participate or receive a direct financial or regulatory benefit. Applicants may include additional information relevant to the subject matter of the application.(b) Applicants shall include a statement that the proposed project complies with all applicable federal and state law, including in the statement the following:(1) description of any federal, state, and/or local air quality or alternative fuel related programs in place or planned for the area and reasonably anticipated to be initiated within three years of the application date;(2) identification of the area's air quality status, as determined by the EPA and provided for in the 42 United States Code §7407, Clean Air Act, §107. In the absence of an EPA designation of attainment or nonattainment, the Texas Natural Resource Conservation Commission may be used as a resource for determining the air quality of the area. This information should include a discussion of the mobile source contribution to the area's air quality problem.(3) All applicants must articulate a "statement of project" including:(A) detailed description of relevant qualifications of the project's key personnel;(B) detailed description of applicant's past performance and experience with similar projects;(C) detailed description of applicant's quality control/assurance plan;(D) detailed description of applicant's proposed schedule for reporting the project's progress to the council;(E) detailed project budget, including description of the source of all fuel, equipment, labor, and facilities;(F) detailed description of equipment to be used and the method used to select the equipment;(G) overview of pertinent local alternative fuel related activity, such as active gas utilities, vehicle conversion centers, university programs, and others;(H) overview of existing and planned refueling infrastructure availability for the area;(I) clear identification, whenever applicable, of the applicant as a historically underutilized business, individual with low income, health care facility, minority-owned business, or women-owned business, and, whenever applicable, identification of applicant's employment of historically underutilized business for project-related services;(J) detailed discussion of other public and private funding options available to the applicant;(K) discussion of the applicant's current fleet composition and proposed compliance with the requirements of applicable federal and state fleet composition requirements;(L) identification of matching fund availability, from the applicant's own revenue or from other sources, including signed letters of intent;(M) identification of the applicant as a local political subdivision whose other funding option would be local tax revenues or general revenue funds;(N) evidence of economic feasibility of the project including a demonstration of the ability to repay any loan principally from fuel savings, life-cycle savings, or other operating revenues;(O) a statement of a project's eligibility for SIP credits. An entity subject to SIP requirements which requests funding for a project in a nonattainment area subject to SIP requirements must show eligibility for SIP credit for that project; and(P) if an application is made for oil overcharge funds, a statement establishing the project's compliance with all applicable laws relating to such funds.(4) The council may require any additional information it deems appropriate. Source Note: The provisions of this §655.85 adopted to be effective February 11, 1994, 19 TexReg 628. 19 TEXAS ALTERNATIVE FUELS COUNCIL 655 ADMINISTRATION A COUNCIL PRACTICES §655.85 Required Information in Applications https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3751&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3751 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=3751&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 3751 03/11/2026 The award of a loan, grant, or other disbursement of funds shall be considered by the council at an open meeting. Prior to the commencement of the meeting, any council member may review the entire application, including all supporting documentation, the written recommendation of the executive committee, and written comments. Source Note: The provisions of this §655.90 adopted to be effective February 11, 1994, 19 TexReg 628. 19 TEXAS ALTERNATIVE FUELS COUNCIL 655 ADMINISTRATION A COUNCIL PRACTICES §655.90 Consideration by Council https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19570&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19570 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19570&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19570 03/11/2026 (a) All decisions of the council shall be final upon action by a majority of the council in attendance at a duly called meeting. Council action shall be reduced to writing and signed by those council members participating in the decision. Council action shall be deemed to have been taken on the date of vote of the council in open meeting.(b) The council is under no legal requirement to execute an agreement on the basis of any application for funding. The council retains the right to accept or reject any or all applications. The council reserves the right to vary any and all provisions of its applications at any time prior to execution of an agreement where the council deems such variances to be in the interest of the State of Texas.(c) Upon issuance of a final decision, the council shall send a copy of that decision by first class mail to each applicant or the applicant's representative. The council shall keep an appropriate record of that mailing. Source Note: The provisions of this §655.95 adopted to be effective February 11, 1994, 19 TexReg 628. 19 TEXAS ALTERNATIVE FUELS COUNCIL 655 ADMINISTRATION A COUNCIL PRACTICES §655.95 Council Decision https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19577&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19577 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19577&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19577 03/11/2026 Minimum terms and compliance with terms.(1) Entities receiving grants or loans shall be required to execute an agreement in the form prescribed by the council setting out the terms and conditions of the grant or loan as approved by the council. A true and complete copy of the application made by the recipient and all additions or amendments thereto shall be attached to the agreement and made a part thereof. Applicants are advised that the council must comply with the Open Records Act, Texas Government Code, Chapter 552, and therefore that the application and supporting documentation are subject to the Open Records Act.(2) Agreements shall be executed by the chairman and by the chief executive officer of the recipient or by such other officer authorized by the governing body of the entity to execute the agreement. A certified copy of a resolution of the governing body of the recipient consenting to the terms and conditions of the agreement and authorizing the officer executing it to do so shall be attached to the agreement.(3) The agreement shall contain at least the following terms and conditions, together with all such other terms and conditions prescribed by the council:(A) performance under the grant shall strictly comply with the proposal submitted in the application, unless specifically modified by the council;(B) all equipment purchased through the grant or loan shall be maintained and operated in compliance with manufacturer's warranty requirements, state and federal laws, and in conformance with the SIP. The recipient shall immediately report all citations by regulatory authorities for violations of such provisions to the council;(C) the recipient shall assume all liability for the operation and maintenance of equipment purchased through the grant or loan and indemnify the council and the State of Texas from all liability arising therefrom, to the extent permitted by law;(D) at the direction of the council, may provide for funding of purchases or construction, in stages, conditioned on delivery of equipment or completion and approval by the council or other appropriate authority of specified stages of construction;(E) provide that further funding may terminate at the discretion of the council for the failure of the recipient to comply with the requirement of the grant or loan;(F) provide that the agreement may be terminated by mutual agreement of the recipient and the council, and all unexpended funds returned to the council, in the event of either impossibility, including unavailability of equipment planned to be purchased with loan or grant funds, or the commercial unfeasibility of project;(G) bind the recipient to refund to the council all funds expended by the recipient in violation of the terms of the agreement, together with all administrative costs, attorneys fees, expenses, and court costs incurred by the council; and(H) grant to the council the right to demand and receive reports of progress of the project at specified intervals, the right to audit the recipient with respect to the project, and the right to perform inspections of the project at reasonable times. Source Note: The provisions of this §655.100 adopted to be effective February 11, 1994, 19 TexReg 628. 19 TEXAS ALTERNATIVE FUELS COUNCIL 655 ADMINISTRATION A COUNCIL PRACTICES §655.100 Grant and Loan Agreements https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19568&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19568 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=19568&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 19568 03/11/2026 In the event the council determines that an applicant is in breach of any agreement executed with the council, all available remedies may be pursued. The council may utilize the various staffs of member agencies to pursue any such appropriate remedies. Source Note: The provisions of this §655.105 adopted to be effective February 11, 1994, 19 TexReg 628. 19 TEXAS ALTERNATIVE FUELS COUNCIL 655 ADMINISTRATION A COUNCIL PRACTICES §655.105 Enforcement https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=31198&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 31198 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=31198&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 31198 03/11/2026 (a) Administration of funds. The council may enter into interagency contracts to administer funds related to the purposes of the council.(b) Contracts in support of certain functions. The council may enter into interagency contracts, agreements, and memoranda of understanding with other state and federal agencies, institutions of higher education, and private persons or firms in order to efficiently evaluate applications and administer loans and grants of the council, including the processing and review of applications, including technical reviews and financial and background investigations, alternative fuels research, and inspection of recipients' projects. Source Note: The provisions of this §655.110 adopted to be effective February 11, 1994, 19 TexReg 628. 19 TEXAS ALTERNATIVE FUELS COUNCIL 655 ADMINISTRATION A COUNCIL PRACTICES §655.110 Contracts https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150935&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 150935 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150935&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 150935 03/11/2026 The Commission estimates that Texas will dispose of Five Million (5,000,000) Cubic Feet of Low Level Radioactive Waste at a Compact disposal site to be established in Texas during the period from 1995 - 2045. Source Note: The provisions of this §675.1 adopted to be effective September 20, 2009, 34 TexReg 6339. 21 TEXAS LOW-LEVEL RADIOACTIVE WASTE DISPOSAL COMPACT COMMISSION 675 OPERATIONAL RULES A WASTE DISPOSAL VOLUME ESTIMATE §675.1 1995 - 2045 Waste Disposal Volume Estimate https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211397&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 211397 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211397&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 211397 03/11/2026 The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) The term "Commission," where used in this subchapter, means the Texas Low-Level Radioactive Waste Disposal Compact Commission established by the Texas Low-Level Radioactive Waste Disposal Compact.(2) The term "Compact" refers to the agreement between the State of Texas and the State of Vermont to which Congress consented in Public Law 105-236, enacted September 20, 1998. The text of the Compact can be found in Texas Health and Safety Code, §403.006 and Vermont Statutes Annotated Title 10, §7069.(3) The terms "Compact Facility" and "Facility" mean any site, location, structure, or property located in and provided by the host state for the purpose of disposal of low-level radioactive waste for which the party states are responsible.(4) "Compact waste" means low-level radioactive waste that:(A) is originally generated onsite in a host state or a party state; or(B) is not generated in a host state or a party state but has been approved for importation into this state by the Commission under §3.05 of the Compact.(5) "Contingency event" is one that causes a disruption of the normal operation of the Compact Waste Facility.(6) The word "days" shall mean calendar days unless the rule in which it is used specifies otherwise.(7) "Disposal" means the permanent isolation of low-level radioactive waste pursuant to requirements established by the United States Nuclear Regulatory Commission and the United States Environmental Protection Agency under applicable laws, or by the host state.(8) "Exigent event" means a sudden, unexpected occurrence, requiring interim or immediate action to prevent, minimize, or mitigate, risk of loss of life, damage to property, or disruption of essential public services, or other circumstances as the Commission finds require interim or immediate action by the Commission.(9) The term "generate," when used in relation to low-level radioactive waste, means to produce low-level radioactive waste.(10) The term "generator" means a person who produces or processes low-level radioactive waste in the course of its activities, excluding persons who arrange for the collection, transportation, management, treatment, storage, or disposal of waste generated outside the party states, unless approved by the Commission. For purposes of this subchapter, the identity of a "generator" shall be determined in accordance with the following:(A) For low-level radioactive waste acquired on or after April 27, 2012, and that is not of international origin:(i) if a licensed manufacturer of sealed sources or devices chooses to accept from a customer a sealed source or device that it (or an entity that it acquired) manufactured, the manufacturer may declare that it is the generator when that source or device is disposed;(ii) if a licensed manufacturer of sealed sources or devices accepts from a customer a sealed source or device manufactured by another entity, the customer will be considered the generator of the source or device when it is disposed;(iii) if a licensed initial distributor of radioactive sealed sources or devices chooses to accept from a customer a sealed source or device that it distributed, the initial distributor may declare that it is the generator of that source or device when it is disposed;(iv) if a licensed initial distributor of radioactive sealed sources or devices chooses to accept from a customer a sealed source or device that the distributor did not distribute, the customer will be considered the generator of the source or device when it is disposed;(v) if a licensed distributor other than the initial distributor of the radioactive sealed sources or devices chooses to accept from a customer a sealed source or device, the customer will be considered the generator of that source or device when it is disposed;(vi) if a licensed waste broker or waste processor chooses to accept radioactive materials from any customer, the customer will be considered the generator of those materials when they are disposed; and(vii) when a licensed decontamination service provider provides decontamination services to any customer, the customer will be considered the generator of any waste generated by the provision of the decontamination service.(B) A waste broker, waste processor, initial distributor, other distributor, decontamination service provider, or licensed manufacturer of sealed sources or devices who received radioactive materials from a customer before April 27, 2012 may complete TCEQ Form 20225 as the generator of that waste if it provides adequate documentation that the waste is not of international origin. Such waste may only be disposed of in the Compact Facility as party-state (in-compact) waste if the entity acting as the generator of the waste provides adequate documentation that the waste is from Texas or Vermont. If the entity acting as the generator of the waste cannot adequately document that the waste is from Texas or Vermont, the waste will be treated as non-party-state (out-of-compact) waste and will require import authorization in accordance with §675.23 of this title (relating to Importation of Waste from a Non-Party Generator for Disposal). To provide the documentation described in this subparagraph, the entity acting as the generator of the waste may rely on various records, including, but not limited to, source/device leak tests, source/device inventories, transfer/receipt records, transportation manifests, purchasing records, or other records determined by the Commission to be suitable as documentation regarding the origin of the waste.(C) If the customer of a waste broker, waste processor, initial distributor, other distributor, decontamination service provider, or licensed manufacturer of sealed sources or devices is considered the generator of waste under subparagraph (A) of this paragraph, the waste may not be disposed of in the Compact Facility unless the customer is a public, private or governmental entity located in the United States or a territory of the United States. The waste will be considered party-state waste (in-compact) only if the customer is located in Texas or Vermont; if the customer is located in any other state or territory of the United States, the waste will be considered non-party state waste (out-of-compact).(D) If a licensed user, initial distributor, or manufacturer of sealed sources or devices is a generator of waste, that waste may be disposed of in the Compact Facility only if the generator is a public, private or governmental entity located in the United States.(11) "Host county" means a county in the host state in which a disposal facility is located or is being developed.(12) "Host state" means a party state in which a Compact Facility is located or is being developed. The state of Texas is the host state under the Compact.(13) "Low-level radioactive waste" has the same meaning as that term is defined in Section 2(9) of the Low-Level Radioactive Waste Policy Act, as amended by the Low-Level Radioactive Waste Policy Amendments Act of 1985 (42 United States Code, §2021b(9)), or in the host state statute so long as the waste is not incompatible with disposal at the Compact Facility.(14) "Management" means collection, consolidation, storage, packaging, or treatment.(15) "Non-party compact waste" means low-level radioactive waste imported from a state other than a party state as authorized by §3.05(6) of the Compact.(16) "Operator" means a person who operates a disposal facility.(17) "Party state" means any state that has become a party in accordance with Article VII of the Compact. Texas and Vermont are the party states to the Compact.(18) "Party-state waste" means low-level radioactive waste generated in a party state.(19) "Person" means an individual, corporation, partnership, or other legal entity, whether public or private.(20) A "small quantity generator" is a generator of low-level radioactive waste that generates no more than 200 cubic feet or no more than 100 curies of such waste per year, and does not include nuclear power generation facilities, electric utilities, or the United States Department of Defense.(21) The acronym "TCEQ" means the Texas Commission on Environmental Quality and any successor entity.(22) A "transporter" is a person who transports low-level radioactive waste.(23) "Waste of international origin" means low-level radioactive waste that originates outside of the United States or a territory of the United States, including waste subsequently stored or processed in the United States. Source Note: The provisions of this §675.20 adopted to be effective September 9, 2015, 40 TexReg 5793; amended to be effective September 23, 2019, 44 TexReg 5405; amended to be effective December 26, 2022, 47 TexReg 8734. 21 TEXAS LOW-LEVEL RADIOACTIVE WASTE DISPOSAL COMPACT COMMISSION 675 OPERATIONAL RULES B EXPORTATION AND IMPORTATION OF WASTE §675.20 Definitions https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211398&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 211398 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211398&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 211398 03/11/2026 (a) Permit Required--No low-level radioactive waste generated within a party state shall be exported for disposal in a non-party state unless the Commission has issued an export permit allowing the exportation of that waste pursuant to this section.(b) Petition Required--The term "petitioner" shall include a person who is a generator, a broker acting on behalf of one or more generators, an authorized representative of the Department of Defense, or the host state (when proposing to export low-level radioactive waste to a low-level radioactive waste disposal facility outside the party states). Each petitioner shall submit a petition for an export permit to the Commission.(c) Form of Petition--The petition or a request to amend a permit shall be in writing and on a form promulgated by the Commission and posted on the Commission's website. A petitioner must submit its petition or request to amend a permit to the Commission and to the Compact Facility both by electronic mail and by United Parcel Service (UPS) or FedEx delivery service.(d) Petitioners must receive the Commission's permission to export before exporting any waste out of the party states. No petition for the exportation of Class B or Class C waste for disposal in a non-party state will be approved unless the petitioner can show good cause.(e) Notice of Petition--Export petitions submitted to the Commission will be posted to the Commission's website within five business days of their submission.(f) Any person may submit comments on an export petition to the Commission by electronic mail or by sending a hard copy of the comments to the Commission using the UPS or FedEx delivery service. The Commission will consider all comments received at least one week before the meeting at which it considers action on the petition. The Commission may, but shall not be bound to, consider comments submitted less than one week before such a meeting.(g) Review of Petition--After receiving the export petition and any comments about the petition, the Commission shall, no earlier than 15 days after the petition is posted and no later than 75 after the petition is posted unless a Contingency or Exigent event exists that justifies acting sooner, act on the export petition, considering the following factors:(1) The volume of waste proposed for exportation, the type of waste proposed for exportation by the generator, the approximate radioactivity of the waste, the time of the proposed exportation, and the location and name of the facility that will receive the waste for treatment and ultimate disposal;(2) The policy and purpose of the Compact;(3) The availability of the Compact Facility for the disposal of the waste involved;(4) The economic impact on the host county, the host state, and the Compact Facility Operator of granting the export permit;(5) The economic impact on the petitioner;(6) Whether the low-level radioactive waste disposal compact or the state unaffiliated with such a compact in which the proposed disposal facility is located authorizes the importation of the waste being exported from the party state or states;(7) The existence of unresolved violations associated with radioactive waste receipt, handling, processing, or transportation pending against the petitioner with any other regulatory agency with jurisdiction to regulate radioactive material, and any comments by the regulatory agency with which the petitioner has such unresolved violations;(8) Any unresolved violation, complaint, unpaid fee, or past due report that the petitioner has with the Commission;(9) Any relevant comments received from any interested person;(10) The projected effect, if any, on the rates to be charged for disposal of in-compact waste;(11) The projected effect on preservation of Compact Facility capacity for the party states; and(12) Any other factor the Commission deems relevant to carry out the policy and purpose of the Compact.(h) Decision by the Commission--The Commission may: approve the export petition in whole or in part; deny the export petition in whole or in part; approve the export petition subject to terms and conditions selected by the Commission and included in the export permit; or request additional information needed for a decision. The Commission's decision to approve or deny the petition, either in whole or in part, or to approve the petition subject to the Commission's terms and conditions, is final without the filing of a motion for rehearing. Export petitions approved by the Commission are effective immediately.(i) Terms and Conditions--The Commission may include any reasonable terms or conditions in the export permit that it deems appropriate or necessary.(j) Permit Duration, Amendment, Revocation, Reporting, and Assignment.(1) An export permit shall be issued for the term specified in the permit and shall remain in effect for that term unless amended, revoked, or canceled by the Commission. The specified term in the export permit shall not authorize shipments of waste by the petitioner to occur beyond the end of the fiscal year for which the export permit is approved.(2) The Commission may add requirements or limitations to or delete requirements or limitations from the permit. Before doing so, the Commission will provide the permit holder and the Compact Facility Operator five business days' notice, so that they may comment on the proposed amendments to the permit. The Commission may also provide the permit holder a reasonable time to make any changes necessary to comply with the additional requirements or limitations imposed by the Commission. No exports will be allowed under any amended export permit until:(A) the amendment to the export permit has been executed by both the permittee and the Commission; and(B) the permittee has made any changes necessary to comply with any additional requirements that the Commission has imposed.(3) The Commission's Chair or his or her delegate may review applications for amendments and, in consultation with a committee of the Commission or other persons employed by or retained by the Commission for the purpose approve minor amendments without a vote of the entire Commission, although the Chair or his or her delegate has the discretion to refer an application for an amendment to the full Commission for a decision. Notwithstanding the foregoing, the Commission will not approve an amendment that will extend the date on which an export permit expires beyond the end of a fiscal year.(4) Not later than October 31 of each calendar year, a person who holds an export permit shall file with the Commission a report concerning the waste exported in the immediately preceding period from September 1 to August 31. The report shall specify the volume of low-level radioactive waste actually exported for disposal, the total radioactivity of the waste exported, the date or dates on which the waste was exported, and the name and location of the disposal facility to which the exported waste was delivered, along with the date or dates on which it was delivered to that facility. If the dates of exportation and the dates of delivery are not available at the time the report is due, the permittee will make the dates available to the Commission within 10 days of those dates being made available to the permittee. Failure to timely file this report may result in denial of future export petitions.(5) An export permit is not assignable or transferable to any other person.(k) Agreements to Export--Nothing in this subchapter shall limit the authority of the Commission to enter into agreements with the United States, other regional compact commissions, or individual states for the exportation or management of low-level radioactive waste. Nothing in this subchapter shall be construed to prohibit the storage or management of low-level radioactive waste by an in-compact generator, or its disposal pursuant to 10 Code of Federal Regulations §20.2002. Source Note: The provisions of this §675.21 adopted to be effective February 8, 2011, 36 TexReg 571; amended to be effective September 9, 2015, 40 TexReg 5793; amended to be effective December 26, 2022, 47 TexReg 8734. 21 TEXAS LOW-LEVEL RADIOACTIVE WASTE DISPOSAL COMPACT COMMISSION 675 OPERATIONAL RULES B EXPORTATION AND IMPORTATION OF WASTE §675.21 Exportation of Waste to a Non-Party State for Disposal https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173366&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 173366 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173366&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 173366 03/11/2026 (a) Where the sole purpose of the exportation of low-level radioactive waste is to manage or process the waste for recycling or waste reduction and to return the waste to the party states for disposal in the Compact Facility, party-state generators are not required to obtain an export permit.(b) The generator exporting such waste must, however, file a report with the Commission no later than 10 days after the shipment of the waste described in subsection (a) of this section. Reports may be submitted by United Parcel Service (UPS), FedEx delivery service, or by e-mail. A generator may satisfy the reporting requirement by timely submitting to the Commission Forms 540 and 541 promulgated by the United States Nuclear Regulatory Commission, as applicable, with supplemental data indicating the types of waste management employed at the facility to which the waste is being shipped. Alternatively, generator reports shall include the following information:(1) The volume of waste exported, the type, physical and chemical form of waste exported, the approximate radioactivity of the waste, and the specific radionuclides contained therein;(2) The location and name of waste processing facility or facilities receiving and processing the waste, the type of waste management employed at each waste management facility, and whether the exported waste is to be mixed or commingled with waste from other generators.(c) When the exported waste is either returned to the generator or shipped to the Compact Facility, the generator shall file a report informing the Commission of the volume, physical form, and activity of the waste returned to the party-state generator or shipped to the Compact Facility. The generator may rely on information provided to it by the processor who ships the waste back to the Compact Facility when making its report. Source Note: The provisions of this §675.22 adopted to be effective February 8, 2011, 36 TexReg 571; amended to be effective September 9, 2015, 40 TexReg 5793. 21 TEXAS LOW-LEVEL RADIOACTIVE WASTE DISPOSAL COMPACT COMMISSION 675 OPERATIONAL RULES B EXPORTATION AND IMPORTATION OF WASTE §675.22 Exportation of Waste to a Non-Party State for Management or Processing and Return to the Party States for Management or for Disposal in the Compact Facility https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173367&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 173367 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173367&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 173367 03/11/2026 (a) It is the policy of the Commission to: (1) promote the health, safety, and welfare of the citizens and the environment of Texas and Vermont;(2) limit the number of facilities needed to effectively, efficiently, and economically manage low-level radioactive waste;(3) distribute the costs, benefits, and obligations among the party states; and (4) refuse to allow the importation of low-level radioactive waste of international origin for disposal at the Compact Facility.(b) Vermont's disposal capacity reserve is 20% of the Compact Facility maximum volume as stated in the Compact, and this capacity shall not be reduced by non-party waste. The Commission will utilize the volumetric and curie limits set out in Texas Health and Safety Code (THSC), §401.207, as guidelines with respect to authorizing the importation of waste.(c) If any state other than Texas or Vermont becomes a member of the Compact in accordance with Article VII of the Compact, the waste from that state or states shall be deposited in space reserved for non-party compact waste, to the extent such space is available at the time the waste is to be deposited; in no event shall waste from that state be deposited in space reserved for waste generated in Texas or Vermont.(d) Agreement Required. No person shall import any low-level radioactive waste for disposal that was generated in a non-party state unless the Commission has entered into an agreement for the importation of that waste pursuant to this section. No radioactive waste of international origin shall be imported into the Compact Facility for disposal. Violations of this subsection may result in prohibiting the violator from disposing of low-level radioactive waste in the Compact Facility, or in the imposition of penalty surcharges on shipments to the facility, as determined by the Commission. (e) Form of Import Application and Terms of Import Agreement. Annex A in paragraph (1) of this subsection sets out the form that must be completed by an applicant to import low-level radioactive waste. The form will also be posted on the Commission's website and may contain minor modifications. The act of submitting an application means that the applicant is willing to enter into an agreement with the Commission containing at a minimum the terms set forth in the Term Sheet which is Annex B in paragraph (2) of this subsection. (1) Annex A.Attached Graphic(2) Annex B.Attached Graphic(f) Submission of an Application for an Import Agreement. A person who is a generator, a broker acting on behalf of one or more small quantity generators, or an authorized representative of the Department of Defense shall submit an application to the Commission by electronic mail; an additional copy of the application must also be sent to the Commission through the United Parcel Service (UPS) or FedEx delivery service. The applicant may not ship any waste for disposal under the importation agreement sought until the Commission has formally elected to enter into an agreement with the applicant and both parties have executed the agreement. In addition, the applicant shall:(1) certify that the waste acceptance criteria promulgated by the Texas Commission on Environmental Quality (TCEQ) will be met for the proposed waste importation; and(2) deliver to the Compact Facility Operator and TCEQ a copy of the application (and any supplements or amendments thereto) by electronic mail at the same time the applicant submits the application to the Commission. The applicant must also send a hard copy of the application to the Compact Facility Operator and TCEQ through the UPS or FedEx delivery service. (g) Notice of Applications for Import Agreements. All applications for import agreements will be posted to the Commission's website within five business days of their submission. (h) Comments on Applications for Import Agreements. Any person may submit comments on an application for an import agreement by electronic mail or by use of the UPS or FedEx delivery service after the application is posted on the Commission's website. The Commission will consider all comments received at least one week before the meeting at which it considers action on the application. The Commission may, but shall not be bound to, consider comments submitted less than one week before such a meeting. (i) Review of Applications for Import Agreements. The Commission, a committee of the Commission, or other persons employed or retained by the Commission shall, after the posting of the application for an import agreement on the Commission's website, review the application for an import agreement utilizing the following factors:(1) The volume, type, physical form, and total radioactivity of the waste proposed for importation;(2) The policy and purpose of the Compact, as set out in Public Law 105-236, a federal law known as the "Texas Low-Level Radioactive Waste Disposal Compact Consent Act"; in THSC, §403.006, the Texas Low-Level Radioactive Waste Disposal Compact; and 10 V.S.A. §7069, the Texas Low-Level Radioactive Waste Disposal Compact;(3) The economic impact, including both potential benefits and liabilities, on the host county, the host state, other party states, the in-compact generators, and the Compact Facility Operator of entering into the import agreement;(4) Whether the Compact Facility Operator has obtained authorization from TCEQ to dispose of the proposed waste;(5) The effect of the Commission's approval of the proposed import agreement on the Compact Facility's total annual volume;(6) The existence of unresolved violations associated with radioactive waste receipt, storage, handling, management, processing, or transportation pending against the applicant with any other regulatory agency with jurisdiction to regulate radioactive material, and any comments by the regulatory agency with which the applicant has unresolved violations;(7) Any unresolved violation, complaint, unpaid fees, or past due report that the applicant has with the Commission;(8) Any relevant comments received from any person;(9) The generator of the waste and any necessary authorization of an applicant to export;(10) The projected effect on the rates to be charged for disposal of party-state compact waste;(11) Whether by acceptance of the waste for disposal, the Compact Facility will remain below the applicable annual and total volume and curie capacity disposal limits set forth in THSC, §401.207; (12) To the extent applicable, compliance with the rules related to commingling adopted by TCEQ in coordination with the Commission pursuant to THSC, §401.207(k); and(13) Any other factor the Commission deems relevant to carry out the policy and purpose of the Compact.(j) Decision by the Commission. No earlier than 35 days after an application is posted and no later than 100 days after it is received, the Commission shall take one of the following actions on the application for a proposed importation agreement, in whole or in part: approve the proposed agreement; deny the proposed agreement; approve the proposed agreement subject to terms and conditions as determined by the Commission; or request additional information needed for a decision. The Commission's decision to approve in whole or in part, deny, or approve subject to terms and conditions is final without the filing of a motion for rehearing. However, after the Commission has acted on an applicant's proposed importation agreement, an applicant immediately may file another application. The Commission may deny an application for any of the following reasons:(1) Lack of current or anticipated capacity beyond that required by party-state generators;(2) The waste destined for the facility is not in accord with the license issued by TCEQ to the Compact Facility;(3) The shipment potentially contains waste of international origin as defined in THSC, §401.2005(9); or (4) Any other relevant issue.(k) Terms and Conditions. The Commission may include any terms or conditions in the import agreement reasonably related to furthering the policy and purpose of the Compact including, but not limited to, the policies referenced in subsection (a) of this section.(l) Importation Agreement Duration, Amendment, Revocation, Indemnification, Reporting, and Assignment.(1) An importation agreement shall remain in effect for the term specified in the agreement, which term shall end on August 31 of the fiscal year for which the agreement is approved. The importation agreement shall remain in effect as approved unless amended by agreement of the Commission and the applicant, or revoked by the Commission prior to importation. A condition of every importation agreement shall be that any generator of low-level radioactive waste must agree to comply with §8.03 of the Compact. In addition, every importation agreement approved by the Commission shall include a condition requiring the Compact Facility Operator to receive written certification from the TCEQ that the waste is authorized for disposal under the license prior to the acceptance of waste under the importation agreement.(2) The Commission may revoke or amend an agreement on its own motion or in response to an application by the agreement holder. When the Commission amends an importation agreement on its own motion, it may provide a reasonable time to allow the agreement holder and the Compact Facility Operator to make the changes necessary to comply with any additional requirements imposed by the Commission. No imports shall be allowed under any amended agreement for the importation of waste until:(A) the amendment to the importation agreement has been executed by both the Commission and the agreement holder; and(B) the agreement holder has made any changes necessary to comply with additional requirements imposed by the Commission. (3) The Commission's Chair or his or her delegate may review applications for minor amendments and, in consultation with a committee of the Commission or other persons employed by or retained by the Commission for the purpose, may approve them without a vote of the entire Commission, although the Chair or his or her delegate has the discretion to refer the application for the amendment to the full Commission for a decision. The following changes are considered to be minor amendments: inclusion of additional compacts or unaffiliated states, territories, possessions, or districts of the United States from which waste will be shipped; inclusion of an additional waste stream; a change in waste form; and inclusion of an additional type of generator. If the holder of an importation agreement seeks to add points of origin of the waste to be disposed of in the Compact Facility, the agreement holder must also provide export authorization, as necessary, from a compact to which the state being added is a party. The Commission will not treat an application for amendment as a request for a minor amendment simply because the applicant has described the amendment as "minor." If the Chair or his or her delegate, in consultation with a committee of the Commission or other persons employed by or retained by the Commission for the purpose, decides that an application purporting to be an application for a minor amendment is actually an application for a major amendment, the Commission will return the application to the applicant who may resubmit the application as an application for a major amendment.(4) Notice of Applications for Amendments to Import Agreements. All applications for amendments to import agreements, including applications for minor amendments, shall be posted to the Commission's website within five business days of their submission. (5) Commission Decisions on Applications for Amendments to Import Agreements. If an application is for a minor amendment, neither the Chair nor his or her delegate will act on the application before the 15th calendar day after the posting of the application for amendment. The Commission will act on applications for major amendments in the same manner that it acts on original applications for import agreements and within the same time period. An import agreement is not assignable or transferable to any other person. The Commission's action, or that of the Chair or his or her delegate, on an application for amendment to an import agreement is final without the filing of a motion for rehearing. (m) The Compact Facility Operator shall file with the Commission a Quarterly Import Report, no later than 30 days after the end of each calendar quarter, describing the imported waste that was disposed and stored under the import agreement during the quarter by the Compact Facility. Each Quarterly Import Report will provide the identity of the generator, the manifested volume and activity of each imported class of waste (A, B, and C), the state or United States Territory of origin, and the date(s) of waste disposal. The Quarterly Report shall provide this information for the imported waste disposed of during the most recent quarter, as well as the cumulative information for imported waste disposed of in prior quarters under this Agreement. The Commission shall publish quarterly on its website a report derived from the information provided to it by the Compact Facility Operator as well as from the TCEQ.(n) Small Quantity Generators. A small quantity generator may use a broker to file import applications and proposed agreements with the Commission on its behalf. Such applications and proposed agreements shall comply in all respects with this section. Source Note: The provisions of this §675.23 adopted to be effective February 8, 2011, 36 TexReg 571; amended to be effective May 2, 2012, 37 TexReg 3177; amended to be effective September 9, 2015, 40 TexReg 5793. 21 TEXAS LOW-LEVEL RADIOACTIVE WASTE DISPOSAL COMPACT COMMISSION 675 OPERATIONAL RULES B EXPORTATION AND IMPORTATION OF WASTE §675.23 Importation of Waste from a Non-Party Generator for Disposal https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190321&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 190321 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190321&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 190321 03/11/2026 (a) This section is applicable only in the host state.(b) This section is designed to gather information on the importation into the host state for disposal or management of certain low-level waste that:(1) is required when shipped to be listed on Nuclear Regulatory Commission (NRC) Forms 540 or 541 (Uniform Low-Level Waste Manifest Shipping Forms);(2) is included within the definition of low-level radioactive waste found in 30 TAC §336.2(89) (relating to Definitions) as the definition is in effect on the date this section becomes effective or as 30 TAC §336.2(89) may be amended or renumbered in the future, but is not intended for disposal in the Compact Waste Facility;(3) is not low-level radioactive waste described by 42 United States Code, §2021c(b)(1) or waste that is regulated under §675.23 of this title (relating to Importation of Waste from a Non-Party Generator for Disposal); and(4) for the purposes of this section, the material described in this subsection will be referred to as Non-Compact-Facility Low-Level Radioactive Waste ("NCFW").(c) Any entity in the host state that imports NCFW must enter into an agreement with the Commission that contains a requirement that it will report to the Commission on a semi-annual basis the following information with respect to each shipment of NCFW that it has received in the previous six-month period:(1) the name of the generator;(2) the name of the unaffiliated state, territory, or low-level waste compact (if any) where the waste originated;(3) the activity of the waste in curies;(4) the gross volume or weight of the waste; the date of receipt; whether the waste is being stored, processed, or otherwise managed; provided, however, that waste that has been disposed of in the same reporting period in which it was received shall only report gross volume or weight; and(5) the physical location of management or the date of and physical location of disposal of that waste.(d) Semi-annual reports must be submitted electronically on forms provided by the Commission and must be submitted before the 31st day after the end of each six-month period of the Commission's fiscal year, which begins on September 1 and ends on August 31. An entity may file its semi-annual report on its own form if the Commission has provided its prior written authorization for the form submitted.(e) An entity that imports low-level radioactive waste into the host state as described in subsection (c) of this section shall have entered into an agreement with the Commission within 90 days after the effective date of this section or within such time extensions thereafter as the Commission may allow. New entrants that import waste into the host state as described in subsection (c) of this section must enter into an agreement with the Commission within 30 days of commencement of management operations. To the maximum extent possible, each agreement entered into under this section will contain provisions identical to those in each other agreement entered into under this section.(f) An entity that imports waste into the host state as described in subsection (c) of this section shall submit an application for entry into an agreement with the Commission electronically or on paper on a form provided by the Commission.(g) Failure on the part of an entity that imports waste into the host state as described in subsection (c) of this section to comply with any provision of this section or the agreement entered into pursuant to subsection (d) of this section may result in the Commission reporting such failures to the host state agency that has licensed, permitted, or otherwise authorized the operation of such entities.(h) The Commission may revoke or amend an agreement on its own motion or in response to an application by the agreement holder. When the Commission amends an NCFW agreement on its own motion, it may provide a reasonable time to allow the agreement holder to make the changes necessary to comply with any additional requirements imposed by the Commission. No importation of NCFW shall be allowed under any amended agreement for the importation of NCFW until:(1) the amendment to the NCFW agreement has been executed by both the Commission and the agreement holder; and(2) the agreement holder has made any changes necessary to comply with additional requirements. Source Note: The provisions of this §675.24 adopted to be effective March 28, 2018, 43 TexReg 1871. 21 TEXAS LOW-LEVEL RADIOACTIVE WASTE DISPOSAL COMPACT COMMISSION 675 OPERATIONAL RULES B EXPORTATION AND IMPORTATION OF WASTE §675.24 Requirement to Report on the Importation of Certain Low-Level Radioactive Waste for Management or Disposal that is not Required to be Disposed of in the Compact Facility https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196710&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 196710 03/11/2026 https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196710&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 196710 03/11/2026 (a) This section applies to non-party compact waste imported into the host state.(b) Of the annual statutory allotment for the disposal of compact waste established in Texas Health and Safety Code, §401.207, the Commission shall reserve 2,000 curies per fiscal year for the disposal of non-party compact waste at the compact facility by small quantity generators.(c) By majority vote, the Commission may increase the reserved amount in subsection (b) of this section if the Commission determines that national demand for disposal of low-level radioactive waste warrants an increase in the capacity reservation for small quantity generators. A Commission decision to increase the reservation amount under this subsection only applies to the fiscal year in which the Commission approves the reservation increase. If the Commission decides to increase the reserved amount in subsection (b) of this section then it will post the increased reservation amount on its website for the duration of the fiscal year in which it applies. Source Note: The provisions of this §675.25 adopted to be effective September 23, 2019, 44 TexReg 5405. 21 TEXAS LOW-LEVEL RADIOACTIVE WASTE DISPOSAL COMPACT COMMISSION 675 OPERATIONAL RULES B EXPORTATION AND IMPORTATION OF WASTE §675.25 Capacity Reservation for Small Quantity Generators https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209178&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US 209178 03/11/2026